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3. Activities. Artist agrees
<br />3.1. Artist is hereby retained to furnish all labor, materials, tools, equipment, services, and
<br />incidental and customary work necessary to design and paint the Artwork ("Services") on
<br />the Site in accordance with the schedule of completion as described in Exhibit A attached
<br />hereto and incorporated herein by reference.
<br />3.2. Artist shall be responsible for complying with all Federal, State and local laws,
<br />ordinances, statutes and regulations, including, but not limited to zoning and
<br />environmental requirements, and for obtaining all required licenses, permits, or other
<br />authorizations applicable to the performance of Artist's Services under the Agreement.
<br />3.3. Artist shall execute and deliver to City any instruments that City may reasonably
<br />require to confirm ownership of the Artwork.
<br />3.4. Artist shall maintain all pertinent financial and accounting records pertaining to this
<br />Agreement in accordance with generally accepted accounting principles and other
<br />procedures reasonably specified by City. Upon termination or expiration of this
<br />Agreement or request by City, Artist shall provide, at its expense, copies of all financial
<br />and accounting records produced by it arising out of this Agreement.
<br />3.5. Artist shall allow audits, compliance or special reviews and inspections, including on -
<br />site inspection, with or without prior notice, of Artist's facilities by City or by third parties
<br />designated by City, or their authorized representatives. Artist shall provide its full
<br />cooperation for any such audit, review or inspection, including providing timely access,
<br />for examination and copying of records (including computerized records) pertinent books,
<br />documents, papers, computer programs and records and reasonable access to its
<br />personnel.
<br />3.6. Artist shall ensure that the Site is maintained and restored to a well -maintained, safe,
<br />sanitary, and clean condition, and kept free of any hazardous waste at all times. All
<br />equipment associated with the Services and painting of the Artwork, trash and debris shall
<br />be removed and cleaned up on a daily basis. Artist shall place a drop cloth or similar
<br />barrier on the ground below the Artwork while painting is underway, which barrier shall
<br />be removed each day upon completion of a painting session.
<br />3.7. The Artwork may not contain advertising, religious art, sexual content, negative or
<br />violent imagery, convey political partisanship or include any hidden, subliminal or
<br />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 />3.9. Colors may appear differently in paint than on screen renderings. Artist is not
<br />responsible for such differences. Designs may be altered based on the following factors:
<br />texture, signage or electrical outlets on the wall, etc. Changes, if necessary, will be made
<br />by the Artist's expertise. All paint, fabric, wood, and other materials are subject to change
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