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11, The City may use images of the artwork for promotional purposes. <br />12. Artwork may not contain advertising, religious art, sexual content, negative imagery, convey political <br />partisanship or include any hidden, subliminal or camouflaged messages or statements of any kind or <br />nature. <br />13. Artwork may not include any breach of intellectual property, trademarks, brands, images of illegal <br />activity or involve the attachment of any object(s) to the box. <br />14. The artist has the first option to repair artwork if damaged. The City may repair, remove, or modify <br />damaged artwork if Artist is unavailable. <br />15. The City will pay a $1,500 per box to the Artist within 30 days upon completion of the utility box. It is <br />the artists responsibility to contact the Public Art Coordinator at the time of completion. <br />16. The City will reimburse the artist for the cost of paint and paint supplies not to exceed $200. The artist <br />must fill out and submit a reimbursement form (attached) within 30 days of completing the artwork. <br />Receipts must be attached for reimbursement. Artists will receive a reimbursement check within 30 <br />days of submitting a reimbursement form. <br />17. Artist shall defend, indemnify, protect and hold harmless the City, or their elected and appointed <br />officers, employees, members or agents from and against all claims for damages, liability, cost and <br />expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the <br />result of the negligent acts, errors or omissions or the willful misconduct of the Artist, and Artist's <br />employees, subcontractors or other persons, agencies or firms for whom Artist is legally responsible in <br />connection with the execution of the work covered by this Agreement. Artist shall have no duty to <br />indemnify or hold harmless the City if claims, damages, liability, costs and expenses (including without <br />limitations, attorneys fees) arise from the sole negligence or sole willful misconduct of the City <br />subsequent declaration by the Artist. Artist's obligations shall survive the termination of this Agreement, <br />18. To protect the City, Artist shall execute a Release from Liability before participating in the Downtown <br />Utility Box Beatification project. <br />19. Artist is not and any of the Artist's agents, employees or representatives are, for all purposes under this <br />agreement, an independent contractor and shall not be deemed to be an employee of the City, and none <br />of them shall be entitle to any benefits to which City employees are entitled including but not limited to, <br />overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. <br />20. The City may terminate this Agreement at any time and for any reason. If the Agreement is terminated <br />by the City after the painting of a utility box has commenced, Artist shall be entitled to reasonable <br />compensation for work performed to date, minus any offset representing the City's damages should <br />termination result from Artist's breach of contract.. Artist hereby expressly waives any and all claims <br />for damages or compensation arising under this Agreement except as set forth herein. <br />Public Art Manger, City of San Luis Obispo Date <br />25E -28 <br />