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2.3; The draft Artwork contained in Exhibit B has been preapproved by the City: City <br />reserves the right to terminate the Agreement after the first disbursement detailed above, <br />and to be reimbursed the initial payment, if Artist's performance is determined to deviate <br />substantially from the draft Artwork detailed in Exhibit B, in the City's sole discretion. <br />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, fabricate, transport and install the <br />Artwork ("Services") on the Site in accordance with the schedule of completion as <br />described in Exhibit A and Exhibit B attached hereto and incorporated herein by <br />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 by City. <br />3.4. 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 installation of the Artwork, trash and debris <br />shall 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 installation is underway, which barrier shall <br />be removed each day upon completion of an installation session. <br />3.5. 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. The City has already <br />preapproved the draft Artwork detailed in Exhibit B. <br />3.6. 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 />3.7. If the Artwork is a mural, it must be covered in an anti -graffiti coating at the Artist's <br />expense. <br />3.8. After installation, should the Artwork be defaced and/or not repaired, maintained, <br />preserved, and/or conserved, the City has the option to repair, maintain, preserve, and/or <br />conserve the Artwork, or alternatively, the City as the sole authority to remove, alter, or <br />destroy the Artwork. <br />Page 2 of 9 <br />