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3.1. To perform the activities described in the Grant Application and Timeline submitted to City <br />for consideration dated , 2015, a copy of which is attached as Exhibit A and <br />incorporated into this Agreement as if set out in full. <br />3.2. To submit all reports (each, a "Report ") which shall include, at a minimum, the items set <br />forth as required by the Application. No personally identifiable information shall be included in <br />any of the Reports, except where specifically requested. The Reports shall be in a format that is <br />reasonably acceptable to City. City may request additional information as City, in its sole <br />discretion, determines necessary to monitor performance of this Agreement. City shall have the <br />right to use any Reports submitted by Grantee, or any portion thereof, for any reason. <br />3.3. To facilitate site visits, conference calls and audits of Grantee, as reasonably requested by <br />City. <br />3.4. Grantee shall ensure that any areas utilized for the Project are maintained and restored to a <br />well- maintained, safe, sanitary, and clean condition, and kept free of any hazardous waste at all <br />times. All equipment associated with the installation of the artwork, trash and debris shall be <br />removed and cleaned up on a daily basis. Grantee shall place a drop cloth or similar barrier on <br />the ground below the artwork while installation is underway, which barrier shall be removed <br />each day upon completion of an installation session. <br />3.5. The Project may not contain advertising, religious art, sexual content, negative or violent <br />imagery, convey political partisanship or include any hidden, subliminal or camouflaged <br />messages or statements of any kind or nature. <br />3.6. The Project may not include any breach of intellectual property, trademarks, brands, or <br />images of illegal activity. <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 which has not been <br />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 <br />require Grantee to refund any or all grant funds awarded to Grantee under this Agreement, and <br />Grantee 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 />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 />25A -50 <br />