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based on market availability and designers are not responsible for differences based on those factors. Differences in on screen render to final Artwork may be up to 25% different as an approximation. 3.10. Artist shall have the first option to repair Artwork if damaged. When vandalism to the Artwork is reported or touch-up to the Artwork is needed, City will contact Artist for first refusal, and Artist will be given 30 days to respond. If there is no response within that timeframe or if Artist declines, City reserves the right to repair, remove, or modify damaged artwork as it sees fit. 4. Termination. 4.1. City may immediately terminate this Agreement upon one or more of the following: 4.1.1. Artist's violation of any federal, state or local law or regulation. 4.1.2. Artist's breach of any of the terms or conditions of this Agreement, including the Application and Timeline, or any unapproved deviation from said documents that has not been cured within 30 days of written notice of such breach. 4.2. In the event the Agreement is terminated under Section 4.1, City reserves the right to require Artist to refund any or all funds awarded to Artist under this Agreement, and Artist agrees to refund to City any or all funds awarded under this Agreement. 5. Limitation of Liabilit 5.1. IN NO EVENT SHALL CITY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXPENSES FOR ANY NEGLIGENCE, BREACH OF CONTRACT OR ANY OTHER ACT ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIVITIES COVERED HEREUNDER. 5.2. Section 5 and Section 6 do not limit Artist's rights, including its ability to seek recovery, against anyone other than City, its directors, officers, employees, agents, successors and assigns. 6. Indemnification 6.1. Artist shall defend, indemnify, protect and hold harmless the City, and its elected and appointed officers, employees, members or agents from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of or alleged by third parties to be 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 to declaration by the Artist. Artist's obligations shall survive the termination of this Agreement.