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2. The Artist grants to the City a lifetime non-commercial license regarding the Artwork provided in Exhibit "A". The City shall have the rights to use any images, photographs or video of the artwork and the installation process for publicity or promotional purposes and Artist agrees that the work product created by the City for these purposes shall remain the sole property of the City. C. Payment The City will compensate Artist in the amount of five thousand dollars ($5,000). Payment shall be processed per the details in Exhibit "A". Artist agrees and understands that payment timing is dependent on City accounting procedures and may take up to (45) forty-five days to process. Payment need not be made for work which fails to meet a reasonable standard of performance or objectively does not reflect the final draft approved by the City prior to commencement of the Artwork at the SAPID location. D. Indemnity and Release of Liability Artist shall defend, indemnify, protect and hold harmless the City, or their 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 as a 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) arising from the sole negligence or sole willful misconduct of the City. Artist's obligations shall survive the termination of this Agreement. 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 with the negligence or willful misconduct of its officers, officials, employees, or agents in connection with the creation, painting or installation of the Artwork. E. Termination The City may terminate this Agreement at any time for any reason. If the Agreement is terminated by the City after the installation of the Artwork has commenced, Artist 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. 2