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mural, or alternatively, the City has the sole authority to remove, alter, or destroy the Project <br />mural. <br />3.10. Grantee will have first right of refusal to restore said Project mural. 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 sole discretion of the City or as otherwise agreed upon with Grantee. <br />3.12. Should Grantee fail to complete any artwork within the timeframe set out in the Application <br />and Timeline or terms of this Agreement, the City may hire another artist/vendor to complete the <br />artwork, within the City's sole discretion. <br />3.13. Grantee shall execute and deliver to City any instruments that City may reasonably require <br />to confirm ownership of any artwork. <br />4. Termination. <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 Timeline, 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 />5. Limitation of Liabilit . <br />5.1. 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 OTHER ACT ARISING OUT OF OR RELATING TO THIS AGREEMENT <br />OR THE ACTIVITIES COVERED HEREUNDER. <br />5.2. Section 5 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. Indemnification. <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 limitation 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. Grantee shall have no duty to indemnify or hold harmless the City if claims, damages, <br />