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10. Ownership.
<br /> 10.1 Copvriqhts.
<br /> 10.1.1. In consideration of the City's selection of the Artist to perform the Services,
<br /> including designing and creating the work of art listed in Exhibit A (for purposes of this
<br /> Section 10, "Work ProducY') for City, Artist agrees to transfer and hereby does transfer
<br /> irrevocably to City for fair consideration, all right, title, and interest, including copyright, in
<br /> the Work Product itself and in the design, sketches, drawings, model, maquettes,
<br /> slides, photographs, and all other related materials used in the design and creation of
<br /> this Work Product.
<br /> 10.1.2. Artist agrees that all Services performed under this Agreement shall comply
<br /> with all applicable patent, trademark and copyright laws, rules, regulations and codes of
<br /> the State of California and the United States. Artist hereby represents and warrants that
<br /> the work does not, and Artist has not and will not, utilize any protected patent,
<br /> trademark or copyright in performance under this Agreement unless and until Artist has
<br /> obtained proper permission and all releases and other necessary documents. If Artist
<br /> specifies any material, equipment, process or procedure which is protected, Artist shali
<br /> disclose such patents, trademarks and copyrights in the construction drawings and
<br /> technical specifications, such listing to be appended to this Agreement and shall be
<br /> incorporated by this reference.
<br /> 10.1.4. Artist agrees to release, indemnify, defend and save harmless City, its officers
<br /> and employees from any and all claims, damages, suits, costs, expenses, liabilities,
<br /> actions or proceedings of any kind resulting from the performance under this Agreement
<br /> which infringes upon any patent, trademark or copyright or other right protected by law.
<br /> 10.2 Artists Moral Riqhts: City Ownership Riphts.
<br /> 10.2.1. City must preserve complete flexibility to operate and manage City properties.
<br /> Therefore, City retains the absolute right to alter, repair, modify, remove, relocate, sell,
<br /> dispose of, or destroy(collectively, "Modify") the Work Product in its sole judgment. For
<br /> example, City may modify the Work Product to eliminate hazards, to comply with the
<br /> ADA, to otherwise aid in the management of its property and affairs, or through neglect
<br /> or accident. If, during or after the term of this Agreement, City finds the project site to
<br /> be inappropriate, City has the right to install the Work Product at an alternate location
<br /> that it chooses in its sole discretion.
<br /> 10.2.2. With respect to the Work Product produced under this Agreement, Artist waives
<br /> any and all claims, arising at any time and under any circumstances, against City its
<br /> officers, agents, employees, successors and assigns, arising under the federal Visual
<br /> Artists Rights Act (17 U.S.C. §§106A and 113(d)), the California Art Preservation Act
<br /> (Cal. Civil Code §§987 et seq.), and any other local, state, federal or international laws
<br /> that convey rights of the same nature as those conveyed under 17 U.S.C. §106A, Cal.
<br /> Civil Code §§987 et seq., or any other type of moral right protecting the integrity of
<br /> works of art. If the Work Product is incorporated into a site such that the Work Product
<br /> cannot be removed from the site without Modifying the Work Product, Artist waives any
<br /> and all such claims against any future owners of the Site, and its agents, officers and
<br /> empfoyees, for Modifying the Work Product. Artist acknowledges that all such decisions
<br /> concerning the Work Product shall be made in the sole discretion of City, its officers,
<br /> employees, agents, contractors, licensees, successors or assigns. Artist further
<br /> acknowledges that Artist retains no rights in and to the Work Product itself nor to any
<br /> design, sketches, drawings, maquettes, models, slides, photographs, or other related
<br /> materials with regard to attribution and integrity of the Work Product. In addition to the
<br /> REV: 11-06-15PT
<br /> ATTY/AGR.2015.246/Megan Stevens
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