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3.9. If the artwork is a mural, it must be covered in an anti -graffiti coating at the Grantee's expense.
<br />3.10. Should Grantee fail to complete any artwork within the timeframe set out in the Application
<br />and Timellne or terms of this Agreement, the City may hire another artist/vendor to complete the
<br />artwork, within the City's sole discretion.
<br />3.11. Grantee shall execute and deliver to City any instruments that City may reasonably require
<br />to confirm ownership of any artwork.
<br />4. TermMation,
<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. L)mitatlon of Liability.
<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 />liability, costs, expenses (including without limitation, attorney's fees) arise 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 "claims"), 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.
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