DURAN, KIMBERLY-2017 - Laserfiche WebLink

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8. City plans to display the artwork for a period of between six (6) to twelve (12) months, but the artwork may be displayed for more or less time at the sole discretion of the City. B. Property Rights The Artist hereby waives any legal rights under Federal, State, local, and/or Administrative law to maintain the artwork upon City property. The completed work will be the property of the City, which retains the sole and absolute right and discretion to remove, modify, or replace the vinyl wrap at the restroom site location, components of the restroom site, or the artwork, if necessary, without compensation or notice to the artist. 2. The Artist grants to the City a lifetime non-commercial license regarding the work(s) listed in Exhibit A. The City shall have the rights to use any images, photographs or video of the artwork and the installation process for publicity or promotional purposes and Artist agrees that the work product created by the City for these purposes shall remain the sole property of the City. C. Payment The City will compensate the Artist in the amount of two hundred and fifty dollars ($250) for each transmitted digital image. The Artist will receive payment for each transmitted digital image within 30 -days of submitting the digital image of the artwork to the City. Payment need not be made for work which fails to meet the standard of performance and requirements specified in this Agreement. D. Indemnity and Release of Liability Artist shall defend, indemnify, protect and hold harmless the City, or their elected and appointed officers, employees, members or agents from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Artist, and Artist's employees, subcontractors or other persons, agencies or firms for whom Artist is legally responsible in connection with the execution of the work covered by this agreement. Artist shall have no duty to indemnify or hold harmless the City if claims, damages, liability, costs, expenses (including without limitation, attorney's fees) arise from the sole negligence or sole willful misconduct of the City. Artist's obligations shall survive the termination of this Agreement. Artist agrees to hereby fully release and forever discharge the City from any and all claims, demands, damages, losses, and liabilities (hereinafter collectively referred to as "claims"), which are or may be related to or in any way connected with the negligence or willful misconduct of its officers, officials, employees, or agents in connection with the creation of the artwork. 2