|
irrevacabfy to CiEy fnr fair consideratlon,ail right,#i�e,and interest,including copyright,in
<br /> the Work Praduct itseif and in the design, sketches, drawings, modei, maquettes,
<br /> siides, photographs, and ail other refated materiais used in the design and creatic� of
<br /> �is Work Product.
<br /> 10.1.2. Artisi agrees that ai! Services perforrned under this Agreement shaii camPiy
<br /> with a{I ap�tlicat�e patent,trademark and copy�ight laws, nales, reguiations and oodes af
<br /> the State af Califomia and the United States. Arhst hereby r+apresents and warrants tha#
<br /> the �nrark daes not, and Artist has nat an�i witl not, uditze any �xotected patent,
<br /> tradema�lc or copyright in performance under this Agreement uniess and unt�Artist has
<br /> obtained proper permission and all r�eases and ather necessary documents. If Artfst
<br /> specifies any material, equipment, pr�ocess ar pracedure which is protected,Artist shalf
<br /> discl�e such patents, trademarks and copynghts in the cxx►struction drawings and
<br /> iechnical speci`fiications, such tisting to be appended to th�s Agreement and shall be
<br /> incorporated by this refe�ence.
<br /> 10.t.4. Artist agrees to release, indemnify, defend and save harmies�s City, its afficers
<br /> and employoess from any and all claims, damages, suits, costs, expenses, fiabiliti�s,
<br /> actions or proc+eedings of any kind resu�ing ftom the perfamance under this Agreement
<br /> which infringes upon any patent,Uademark ar copytight or ather right protected by taw.
<br /> 10.2 Artists Moral Ri+�hts:Cit�Ownershia Riahts.
<br /> 10.21. City must p�eserve complete flexibility to aperate and manage City properties.
<br /> Th+erefore, City retains the absolute rlght to aiter, repair, m�►dify, remave, rslocate, sell,
<br /> dispose of,or destroy(callectively,"Modify")the Work Product in its sofe Judgment. For
<br /> exampte, City may mocfify the Woric Product to eliminate hazards, to compiy with the
<br /> ADA, to atherwise aid in the management of its property and sffairs, or through Reglect
<br /> or accident. If, during or aRe�the term af khis Agreement, City finds fhe project site ta
<br /> be inappnapria#e, City has#ne right io instail the Work Product at an aitemate location
<br /> that it chooses in its sole discretion.
<br /> 10.2,2. With respect to the Work Praiuct produced under ihis Agnesment,Attisf waives
<br /> any and aii claims, arisi�g at any time and under any circumstances, against City i#s
<br /> officers, agents, employ�ees, succ�ssors and assigns, ar'rsing under the federal V�ual
<br /> Artists Rights Act (17 U.S.C. §§106A and 113(d�y, th+e Califomia Ar# Preservation Act
<br /> {CaL Civii Code§§987 et seq.), and any�#tre�locai,state,federal or inUematbnat laws
<br /> that convey rights of the same nature as those conveyed under 17 U.S.C. §106A, Cal.
<br /> Ciuil Gode §§987 et seq., or any ather type of moral righ! pr+otecting the integriky af
<br /> warks af art. If the Worlc Product is incorparated mto a site such that the Wc�rk Produat
<br /> ca�not be remousd fram the site wrthout AAodiying the Wark Produot,Artist wanres any
<br /> and al! such daims agafist any future owners�f tfie Site, and iCs agents, officers and
<br /> employess, for Modifying the Woric Product,Artist acknowledges that al!such dacisions
<br /> coneeming #he Wark Product shaii be made in the sole discretion af City, its offfcers,
<br /> emplayees, agents, conttaciors, licensees, successors ar assigns. Artissi furtfier
<br /> acknawledges that Artis# retains no rights in and ta the Work Praiuct itsetf rwir to�ny
<br /> design, sketches, drawings, maquettes, modets, siides, photographs, ar other re3[ated
<br /> materials with �egard to attributian and integrity af tfie Waric Product. in additlon to the
<br /> e�ctent such rights may nat be waived.Ar#ist covenaMs nat to assert such rights agafnst
<br /> City,its officers,emplayeas,agecrts,contrackors,licensees,successprs or assigns.
<br /> 1�.2.3. City has no obligatian to pursue ciaims against third parties for madificatians or
<br /> damage to the Work Product done without City's authorizatian. However, City may
<br /> pursue claims against third parties far madificatians or damage ar to restore the Work
<br /> Prcxiuct if the Warlc Praduct h�s been modfied without City's authorization. 1n the event
<br /> City pursues such a cl�im, tt uvlll make a good falth attempt to notify Artist, and Artist
<br /> shall aaoperate wilh City's effarts to prosecute such claims.
<br /> REV:06-02-15 MLG
<br /> Page 3 of 9
<br /> ATTY/AGR.2{i15.1i2/Kris�ne Brandt
<br />
|