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B. Property Rights <br />1. The completed work will be the property of the City, which retains the sole and <br />absolute right and discretion to maintain, remove, modify, or replace the Family <br />Justice Center, components of the Family Justice Center, or the artwork if <br />necessary without compensation or notice to the artist. <br />2. The Artist grants to the City a lifetime non-commercial license regarding the <br />work(s) listed in Exhibit A. The City shall have the rights to use any images, <br />photographs or video of the artwork and the installation process for publicity or <br />promotional purposes and Artist agrees that the work product created by the City <br />for these purposes shall remain the sole property of the City. <br />C. Payment <br />1. The City will compensate the Artist in the amount of five hundred dollars ($500) for <br />each transmitted digital image. The Artist will receive payment for each transmitted <br />digital image within 30-days of completing the work. Payment need not be made <br />for work which fails to meet the standard of performance specified in Section A of <br />this Agreement. <br />D. Indemnity and Release of Liability <br />1. Artist shall defend, indemnify, protect and hold harmless the City, or their elected <br />and appointed officers, employees, members or agents from and against all claims <br />for damages, liability, cost and expense (including without limitation attorney's <br />fees) arising out of or alleged by third parties to the by the result of the negligent <br />acts, errors or omissions or the willful misconduct of the Artist, and Artist's <br />employees, subcontractors or other persons, agencies or firms for whom Artist is <br />legally responsible in connection with the execution of the work covered by this <br />agreement. Artist shall have no duty to indemnify or hold harmless the City if <br />claims, damages, liability, costs, expenses (including without limitation, attorney's <br />fees) arise from the sole negligence or sole willful misconduct of the City <br />subsequent declaration by the Artist. Artist's obligations shall survive the <br />termination of this Agreement. <br />2. Artist agrees to hereby fully release and forever discharge the City from any and <br />all claims, demands, damages, losses, and liabilities (hereinafter collectively <br />referred to as "claims'), which are or may be related to or in any way connected <br />with the negligence or willful misconduct of its officers, officials, employees, or <br />agents in connection with the creation, painting or installation of the artwork. <br />E. Termination <br />N <br />