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D. Property Rights <br />The Artist hereby waives any legal rights under Federal, State, local, and/or <br />Administrative law to maintain the artwork upon City property. The completed work <br />will be the property of the City, which retains the sole and absolute right and <br />discretion to remove, modify, or replace the utility box, components of the utility <br />box, or the artwork if necessary without compensation or notice to the artist. <br />The Artist grants the City the right to use any images, photographs or video of the <br />artwork and the installation process for publicity or promotional purposes and <br />agree that the results of such activity shall remain the sole property of the City. <br />E. Payment <br />1. City agrees to pay, and Artist agrees to accept as an amount not -to -exceed $400 <br />during the term of this Agreement. Compensation shall be divided into two (2) <br />separate payments. The first amount in $300 shall be issued after final execution <br />of the Agreement. The final payment of $100 shall be issued upon the completion <br />of the project. <br />2. Payment by City shall be made within forty-five (45) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures, <br />and five (5) photographs documenting the completion of artwork on all five sides <br />of the assigned utility box. Payment need not be made for work which fails to meet <br />the standards of performance set forth in the Recitals which may reasonably be <br />expected by City. <br />F. Indemnity and Release of Liability <br />Artist shall defend, indemnify, protect and hold harmless the City, or their elected <br />and appointed officers, employees, members or agents from and again 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 />