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work in part or in whole for commercial purposes without first obtaining written <br />permission of the Artist. In the case of commercial use, a flat fee, based on <br />reasonable market conditions, will be offered the Artist as part of a separate <br />Agreement. <br />C. Artist grants to the Agency and City of Long Beach permission to make two - <br />dimensional reproductions of the work solely for non - commercial purposes, <br />including reproductions used in advertising, brochures, media publicity and <br />catalogs. <br />D. All photographic or film reproductions of the work by the Agency or City of <br />Long Beach shall contain a credit to the Artist, stating his /her name, title of <br />the work (if any) and year of completion of the work. <br />9. LAW <br />This Agreement shall be governed by pursuant to the laws of the State of <br />California. <br />10. ENTIRE AGREEMENT <br />This Agreement constitutes the complete and final integration of all arrangements <br />and agreements between the parties. This Agreement shall be amended and <br />modifies only by an Agreement in writing by both parties. <br />11. TAX REPORTING <br />As required by federal and state law, Agency is obligated to and will report the <br />payment of compensation to Artist on Form 1099 -Misc. Artist shall be solely <br />responsible for payment of all federal and state taxes resulting from payments <br />under this Agreement. Artist shall submit a W9 1Artist's Employer Identification <br />Number (EIN), or Artist's Social Security Number if Artist does not have an EIN, <br />in writing to Agency's Accounts Payable, Department of Financial Management. <br />Artist acknowledges and agrees that Agency has no obligation to pay Artist until <br />Artist provides one of these numbers. <br />12. WAIVER OF LIABILITY <br />The Artist agrees that prior to commencing the Project, Artist will inspect the <br />facilities, equipment and areas to be used, and shall assume any and all risks of <br />bodily injuries to the Artist, including medical or hospital bills, permanent or <br />partial disability and death or damages to my property, caused by or arising from <br />Artist's work on the Project. The Artist agrees not to sue of present any claim for <br />personal injury, property damage, or wrongful death against the Agency or the <br />City of Long Beach generally or their officers, employees and agents, for <br />damages attributable to the Project, whether the same shall arise by their <br />negligence or otherwise. Artist agrees to require all persons working on the <br />Project to execute and deliver to Agency the form attached hereto as Exhibit "B" <br />prior to the commencement of any work. <br />19 <br />MAM:abc A09- 01290(rev 10118110) <br />c`u5erstezmarUWesktop4oana crma artist maintenance agreement doc <br />25E -48 <br />