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camouflaged messages or statements of any kind or nature. Appropriateness of the <br />content of the Artwork will be determined by City in its sole discretion. <br />3.8. The Artwork may not include any breach of intellectual property, trademarks, brands, <br />or images of illegal activity, and the Artist must be the copyright holder for the Artwork. <br />4. Termination. <br />4.1. City may immediately terminate this Agreement upon one or more of the following: <br />4.1.1. Artist's violation of any federal, state or local law or regulation. <br />4.1.2. Artist's breach of any of the terms or conditions of this Agreement, including <br />the Application and Timeline, or any unapproved deviation from said documents <br />that has not been cured within 30 days of written notice of such breach. <br />4.2. In the event the Agreement is terminated under Section 4.1, City reserves the right <br />to require Artist to refund any or all funds awarded to Artist under this Agreement, and <br />Artist agrees to refund to City any or all funds awarded under this Agreement. <br />5. Limitation of Liability. <br />5.1. IN NO EVENT SHALL CITY BE LIABLE FOR ANY INDIRECT, SPECIAL, <br />INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXPENSES FOR ANY <br />NEGLIGENCE, BREACH OF CONTRACT OR ANY OTHER ACT ARISING OUT OF OR <br />RELATING TO THIS AGREEMENT OR THE ACTIVITIES COVERED HEREUNDER. <br />5.2. Section 5 and Section 6 do not limit Artist's rights, including its ability to seek recovery, <br />against anyone other than City, its directors, officers, employees, agents, successors and <br />assigns. <br />6. Indemnification. <br />6.1. Artist shall defend, indemnify, protect and hold harmless the City, and its elected and <br />appointed officers, employees, members or agents from and against all claims for <br />damages, liability, cost and expense (including without limitation attorney's fees) arising <br />out of or alleged by third parties to be the result of the negligent acts, errors or omissions <br />or the willful misconduct of the Artist, and Artist's employees, subcontractors or other <br />persons, agencies or firms for whom Artist is legally responsible in connection with the <br />execution of the work covered by this Agreement. Artist shall have no duty to indemnify <br />or hold harmless the City if claims, damages, liability, costs, expenses (including without <br />limitation, attorney's fees) arise from the sole negligence or sole willful misconduct of the <br />City subsequent to declaration by the Artist. Artist's obligations shall survive the <br />termination of this Agreement. <br />6.2. Artist agrees to hereby fully release and forever discharge the City from any and all <br />claims, demands, damages, losses, and liabilities (hereinafter collectively referred to as <br />"claims"), which are or may be related to or in any way connected with the negligence or <br />