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3.6.The Project may not add advertising, religious art,sexual content,negative or violent imagery, <br /> convey political partisanship or add any hidden, subliminal, or camouflaged messages or <br /> statements of any kind or nature. Appropriateness of the content of the Project will be determined <br /> by City in its sole discretion. <br /> 3.7. The Project may not add any breach of intellectual property, trademarks, brands, or images <br /> of illegal activity, and the Grantee must be the copyright holder for the Project, if it is the original <br /> artist. It is the sole responsibility of the Grantee to obtain any and all applicable copyrights <br /> or trademarks associated with the artwork for the Project, if Grantee is original artist. <br /> 3.8. The restored Project mural must be covered in an anti-graffiti coating at the Grantee's <br /> expense. <br /> 3.9. Should the restored Project mural subsequently be defaced and/or not repaired, <br /> maintained, preserved and/or further conserved, the City has the option to repair, maintain, <br /> preserve, and/or conserve the Project mural, or alternatively, the City has the sole authority to <br /> remove, after, or destroy the Project mural. <br /> 3.10. Grantee will have first right of refusal to re-restore said Project mural. If Grantee is <br /> unwilling to perform further restoration or unable to be contacted within a reasonable time, the <br /> City has the right to request the 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 <br /> be removed at the sole discretion of the City or as otherwise agreed upon with Grantee. <br /> 3.12. Grantee shall be responsible for complying with all Federal, State and local <br /> laws, ordinances, statutes and regulations, including, but not limited to zoning and other <br /> environmental requirements (if applicable), and for obtaining all required licenses, <br /> permits, or other authorizations applicable to the performance of Grantee's Project under this <br /> Agreement. <br /> 4. Termination. <br /> 4.1. City may immediately terminate this Agreement upon one or more of the following: <br /> 5.1.1. Grantee's violation of any federal, state or local law or regulation. <br /> 5.1.2. Grantee's breach of any of the terms or conditions of this Agreement, including the <br /> Proposal 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 /> 5.1.3. Grantee's failure to provide documents to the City, as requested by the City by a <br /> date certain, in order to maintain compliance with the Restoration Program, City Policies <br /> or Procedures, or this Agreement. <br /> 4.2. In the event the Agreement is terminated under Section 5.1, 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 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 /> 3 <br />