Agmt15 Fung Collaboratives - "Harmabee"

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10.2.2. With respect to the Work Product produced under this Agreement, Artist waives any and all claims, arising at any time and under any circumstances, against City its officers, agents, employees, successors and assigns, arising under the federal Visual Artists Rights Act (17 U.S.C. §§106A and 113(d)), the California Art Preservation Act (Cal. Civil Code §§987 et seq.), and any other local, state, federal or international laws that convey rights of the same nature as those conveyed under 17 U.S.C. §106A, Cal. Civil Code §§987 et seq., or any other type of moral right protecting the integrity of works of art. If the Work Product is incorporated into a site such that the Work Product cannot be removed from the site without Modifying the Work Product, Artist waives any and all such claims against any future owners of the Site, and its agents, officers and employees, for Modifying the Work Product. Artist acknowledges that all such decisions concerning the Work Product shall be made in the sole discretion of City, its officers, employees, agents, contractors, licensees, successors or assigns. Artist further acknowledges that Artist retains no rights in and to the Work Product itself nor to any design, sketches, drawings, maquettes, models, slides, photographs, or other related materials with regard to attribution and integrity of the Work Product. In addition to the extent such rights may not be waived, Artist covenants not to assert such rights against City, its officers, employees, agents, contractors, licensees, successors or assigns. 10.2.3. City has no obligation to pursue claims against third parties for modifications or damage to the Work Product done without City's authorization. However, City may pursue claims against third parties for modifications or damage or to restore the Work Product if the Work Product has been modified without City's authorization. In the event City pursues such a claim, it will make a good faith attempt to notify Artist, and Artist shall cooperate with City's efforts to prosecute such claims. 10.2.3. If City modifies the Work Product without Artists' consent in a manner that is prejudicial to Artist's reputation, Artist retains the right to disclaim authorship of the artwork in accordance with 17 U.S.C. §106A(a)(2). 10.2.4. City shall have no obligation to display or maintain the Work Product for any particular time and CITY reserves the right to remove or destroy the Work Product at any time. ARTIST hereby waives any and all rights ARTIST may have to prevent or cause the prevention of the removal or destruction of the Work Product, or to seek any other relief in connection with any such removal or destruction, pursuant to 17 U.S.C. §106A or pursuant to California Civil Code §987, as such sections now exist or may hereafter be amended. REV:08-28-15 MLG ATTY/AGR.2015.180/FUND COLLABORATIVES Page 5 of 27