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3.9 The City owns the physical Artwork on City property and the right to control what art is displayed on City property, as such, the Artwork may be removed at the sole discretion of the City. 4. Intellectual Property and Publicity Rights. 4.1. Copyright. The Artist assigns to City all copyright in the Artwork under this Agreement, throughout the universe, in any form, for the full term of the copyright, effective upon execution of this Agreement. The City is permitted to do the following: 4.1.1. Implementation, Use and Display. City may use and display the Artwork at the Site. 4.1.2. Reproduction and Distribution. City may make and distribute, and authorize the making, display and distribution of, photographs and other reproductions. City may use such reproductions for any not -for -profit City -related purpose, including advertising, educational and promotional materials, brochures, books, flyers, postcards, print, broadcast, film, electronic and multimedia publicity, documentation of City's art collection, and catalogues or similar publications. 4.2. Third Party Infringement. The City is not responsible for any third party infringement of Artist's Artwork and is not responsible for protecting the intellectual property rights of Artist. 4.3. 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. 4.4. 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 own such trademark, service mark, or trade dress subject to the same rights detailed in Section 4.1 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, the following will occur: a) City reserves the right to require Artist to refund any or all funds awarded to Artist under this Agreement, b) Artist agrees to refund to City any or all funds awarded under this Agreement, and c) City reserves the right to complete the Artwork using an artist of the City's choice, within the City's sole discretion. Page 3 of 9