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3,10. Grantee will have first right of refusal to restore said Project MUNI, If Grantee is unwilling to <br />perform or unable to be contacted within a reasonable time, the City has the right to request the <br />services needed from a different artist, <br />3,11, The City holds all rights to murals on city property, and as such the Project mural may be <br />removed at the solo discretion of the City or as otherwise agreed upon with Grantee. <br />4. Tarminak1on, <br />4.1. City may immediately terminate this Agreement upon one or more of the following: <br />4.1,1. Grantee's violation of any federal, state or local law or regulation, <br />4,1.2. Grantee's breach of any of the terms or conditions of this Agreement, Including the <br />Application and Timellne, or any unapproved deviation from said documents that has not <br />been cured within 30 days of written notice of such breach. <br />4.2. In the event the Agreement is terminated under Section 4,1, City reserves the right to require <br />Grantee to refund any or all grant funds awarded to Grantee under this Agreement, and Grantee <br />agrees to refund to City any or all grant funds awarded under this Agreement, <br />6. Limitation of Liability. <br />6.1, IN NO EVENT SHALL CITY BE: LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR <br />CONSEQUENTIAL DAMAGES OR EXPENSES FOR ANY NEGLIGENCE, BREACH OF <br />CONTRACT OR ANY OT14ER ACT ARISING OUT OF OR RELATING TO THIS AGREEMENT <br />OR THE ACTIVITIES COVERED HEREUNDER, <br />6.2. Section 6 and Section 6 do not limit Grantee's rights, including Its ability to seek recovery, <br />against anyone other than City, Its directors, officers, employees, agents, successors and <br />assigns. <br />6, lndotnniPicatlon. <br />6.1. Grantee shall defend, Indemnify, protect and hold harmless the City, and its elected and <br />appointed officers, employees, members or agents from and against all claims for damages, <br />liability, cost and expense (including without Iimitation attorney's fees) arising out of or alleged by <br />third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of <br />the Grantee, and Grantee's employees, subcontractors or other persons, agencies or firms for <br />whom Grantee Is legally responsible In connection with the execution of the work covered by this <br />Agreement. Orontes shall have no duty to Indemnify or hold harmless the City If claims, damages, <br />liability, costs, expenses (including without limitation, attorney's fees) arlse from the sole <br />negligence or sole willful misconduct of the City subsequent to declaration by the Grantee. <br />Grantee's obligations shall survive the termination of this Agreement. <br />6,2. Grantee agrees to hereby fully release and forever discharge the City from any and all claims, <br />demands, damages, losses, and liabilities (hereinafter collectively referred to as "clahns"), which <br />are or may be related to or in any way connected with the negligence or willful misconduct of Its <br />officers, officials, employees, or agents in connection with the creation, painting, performance or <br />Installation of the Project hereunder. <br />