KATHRYN FORREST (2) - Laserfiche WebLink

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D. Property Rights 1. The Artist hereby waives any legal rights under Federal, State, local, and/or Administrative law to maintain the artwork upon City property. The completed work will be the property of the City, which retains the sole and absolute right and discretion to remove, modify, or replace the utility box, components of the utility box, or the artwork if necessary without compensation or notice to the Artist. 2. The Artist grants the City the right to use any images, photographs or video of the artwork and the restoration process for publicity or promotional purposes and agree that the results of such activity shall remain the sole property of the City. E. Payment 1. City agrees to pay, and Artist agrees to accept as an amount not -to -exceed $200 during the term of this Agreement. Compensation shall be divided into two (2) separate payments. The first amount of $100 shall be issued after final execution of the Agreement. The final payment of $100 shall be issued upon the completion of the project. 2. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures, and five (5) photographs documenting the completion of restoration of the artwork on all five sides of the assigned utility box. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. F. Indemnity and Release of Liability 1. Artist shall defend, indemnify, protect and hold harmless the City, or their elected and appointed officers, employees, members or agents from and again all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of or alleged by third parties to the by the result of the negligent acts, errors or omissions or the willful misconduct of the Artist, and Artist's employees, subcontractors or other persons, agencies or firms for whom Artist is legally responsible in connection with the execution of the work covered by this agreement. Artist shall have no duty to indemnify or hold harmless the City if claims, damages, liability, costs, expenses (including without limitation, attorney's fees) arise from the sole negligence or sole willful misconduct of the City subsequent declaration by the Artist. Artist's obligations shall survive the termination of this Agreement. 2. Artist agrees to hereby fully release and forever discharge the City from any and all claims, demands, damages, losses, and liabilities (hereinafter collectively referred to as "claims"), which are or may be related to or in any way connected 3