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with the negligence or willful misconduct of Its officers, officials, employees, or agents in connection with the creation, painting or installation of the artwork. 3. To protect the City, Artist shall execute a Release of Liability before participating in the Utility Sox Art Program. A true and correct copy of the Release of Liability form is attached hereto as Exhibit A and incorporated herein by this reference. Ali terms and requirements of the Release of Liability shall be enforceable in addition to all terms and requirements of this Agreement. 1. If any component of the City's traffic signal system is damaged as a result of the artists' work, the artist shall arrange for a licensed contractor to repair the damage at the artists' sole expense. 2. The artist has the first option to repair artwork If damaged. When vandalism to the artwork is reported or touch-up to the artwork Is needed, the City will contact the artist for first refusal, and the artist will be given 30 days to respond. If there is no response within that timeframe or if the artist declines, the City reserves the right to repair, remove, or modify damaged artwork as it sees fit. 3. It Is the responsibility of the artist to update the City with their current contact information so that staff can contact them should repairs be necessary. H. Termination The City may terminate this Agreement at any time for any reason. It the Agreement Is terminated by the City after the painting of a utility box has commenced, Artists shall be entitled to reasonable compensation for work performed to date, minus any offset representing the City's damages should termination result from Artist's breach of contract. Artist hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. I. General Terms 1. Artist is not and any of the Artist's agents, employees or representatives are, for all purposes under this agreement, an Independent contractor and shall not be deemed to be an employee of the City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, work's compensation benefits, injury leave or other leave benefits. 2, Neither party shall assign any rights or obligations under this Agreement.