AGUILERA, MARINA (6) - Laserfiche WebLink

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in the following form: "©, Artist's name, date," in such a manner and location as shall comply with U.S. Copyright Laws. 4.5. Publicity. City shall have the right to use Artist's name as well as Artist -approved likeness and biographical information, in connection with the display or reproduction and distribution of the Artwork including all advertising and promotional materials regarding the City. Artist shall be reasonably available to attend any inauguration or presentation ceremonies, if any, relating to the public dedication of the Artwork. 4.6. Trademark. In the event that City's use of the Artwork creates a trademark, service mark or trade dress rights in connection with the Artwork, City shall have a non-exclusive and irrevocable license in such trademark, service mark, or trade dress subject to the same rights and limitations in Section 4.2 above. 5. Termination. 5.1. Either Party may immediately terminate this Agreement upon one or more of the following: 5.1.1. Violation of any federal, state or local law or regulation. 5.1.2. Breach of any of the terms or conditions of this Agreement that has not been cured within 15 days of written notice of such breach. 5.2. In the event the Agreement is terminated under Section 5.1, 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. 6. Limitation of Liability. 6.1. 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. 6.2. 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. 7. Indemnification. 7.1. Each Party ("Indemnifying Party") shall defend, indemnify, protect and hold harmless the other Party, and its elected and appointed officers, employees, members or agents (collectively, "Indemnified Parties"), if any, 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 Indemnifying Party, and Indemnifying Party's employees, subcontractors or other persons, agencies or firms for whom Indemnifying Party is legally responsible in connection with the execution of the work covered by this Agreement. Page 4 of 7