Agmt16 Jesico Zuber Serano - Laserfiche WebLink

Browse Search

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. §1O6A(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. 10.2.5. City's Right to Display, Reproduce. ARTIST grants to CITY and to CITY's agents, authorized contractors, and assigns, an unlimited, nonexclusive and irrevocable license to do the following with respect to the Work Product and any original works of authorship created under this Agreement, whether in whole or in part, in all media: (a) Implementation, Use and Display. CITY may use and display the Work Product. (b) Reproduction and Distribution. CITY may make, display and distribute, and authorize the making, display and distribution of, photographs and other two-dimensional reproductions of the Work Product. CITY may use such reproductions for any City-related non-commercial purpose including fundraising for CITY's art programs, advertising, educational and promotional materials, brochures, books, flyers, postcards, print, broadcast, film, electronic and multimedia publicity, documentation of City's public art collection, and catalogues or similar publications. (c) Public Record Requests. Any documents provided by ARTIST to City are public records and City may authorize third parties to review and reproduce such documents pursuant to public records laws, including the California Public Records Act. 10.2.6. Artist understands the effect of the waivers in this Agreement and hereby acknowledges that Artist is surrendering the rights described herein with respect to the work. 11 . Claims and Lawsuits. By signing this Agreement, Artist agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq. Artist further acknowledges that disbarment by another jurisdiction is grounds for City to terminate this Agreement. 12. Venue and Jurisdiction. Artist agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the Superior Court, San Mateo County, California. 13. Assignment. Artist may not assign this Agreement or any part of it, or any monies due or to become due under it, without the prior written consent of City. ATTY/AGR/2016.061/JESICO SERANO AGREEMENT FOR ARTISTIC SERVICES REV: 03-28-16 FF Page 4 of 8