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8. City plans to display the artwork for a period of between six (6) to twelve (12) <br />months, but the artwork may be displayed for more or less time at the sole <br />discretion of the City. <br />B. Property Rights <br />1. The Artist hereby waives any legal rights under Federal, State, local, and/or <br />Administrative law to maintain the artwork upon City property. The completed <br />work will be the property of the City, which retains the sole and absolute right and <br />discretion to remove, modify, or replace the vinyl wrap at the restroom site <br />location, components of the restroom site, or the artwork, if necessary, without <br />compensation or notice to the artist. <br />2. The Artist grants to the City a lifetime non-commercial license regarding the <br />work(s) listed in Exhibit A. The City shall have the rights to use any images, <br />photographs or video of the artwork and the installation process for publicity or <br />promotional purposes and Artist agrees that the work product created by the City <br />for these purposes shall remain the sole property of the City. <br />C. Payment <br />1. The City will compensate the Artist in the amount of two hundred and fifty dollars <br />($250) for each transmitted digital image. The Artist will receive payment for <br />each transmitted digital image within 30 -days of submitting the digital image of <br />the artwork to the City. Payment need not be made for work which fails to meet <br />the standard of performance and requirements specified in this Agreement. <br />D. Indemnity and'Release of Liability <br />Artist shall defend, indemnify, protect and hold harmless the City, or their elected <br />and appointed officers, employees, members or agents from and against all <br />claims for damages, liability, cost and expense (including without limitation <br />attorney's fees) arising out of or alleged by third parties to be the result of the <br />negligent acts, errors or omissions or the willful misconduct of the Artist, and <br />Artist's employees, subcontractors or other persons, agencies or firms for whom <br />Artist is legally responsible in connection with the execution of the work covered <br />by this agreement. Artist shall have no duty to indemnify or hold harmless the <br />City if claims, damages, liability, costs, expenses (including without limitation, <br />attorney's fees) arise from the sole negligence or sole willful misconduct of the <br />City. Artist's obligations shall survive the termination of this Agreement. <br />2. Artist agrees to hereby fully release and forever discharge the City from any and <br />all claims, demands, damages, losses, and liabilities (hereinafter collectively <br />referred to as "claims"), which are or may be related to or in any way connected <br />with the negligence or willful misconduct of its officers, officials, employees, or <br />agents in connection with the creation of the artwork. <br />