Agmt17 Ilya and Emilia Kabakov , Fung Colllaboratives, Inc

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L. These representations and warranties shall survive the termination or other extinction of this Agreement. M. Artist warrants that the design of the Artwork is an edition of one, and that neither Artist nor Artist's agent will execute or authorize another to execute another work of the same or substantially similar image, design, dimensions and materials as the Artwork. Nothing however, shall prevent Artist from making future works in his or her style and manner of expression. This warranty shall continue in effect for the duration of the Artwork's copyright protected status and shall be binding on Artist and Artist's heirs and assigns. In the case where Artist is comprised of two or more individual persons or a group of people, the measuring life shall be the life of the last surviving individual. Recognizing that City has no adequate remedy at law for Artist's violation of this warranty, Artist agrees that, in the event Artist breaches this warranty, City shall be entitled to enjoin Artist's breach. 6. CONSULTANT RESPONSIBILITIES. A. Consultant shall cooperate with City to receive payment from City on Artist's behalf pursuant to Section 3 above. B. No fees or other payment are due from City to Consultant pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES. A. SITE INFORMATION. City shall be responsible for providing Artist, at no cost to Artist, copies of existing designs, drawings, reports, and other relevant existing data needed by Artist in order to perform Artist's Services. B. SUPERVISION. City is under no obligation to supervise the Artist's performance of services which are described under this Agreement. C. ARTWORK IDENTIFICATION. City will cause and install identification for the completed Artwork, which will include the following information: Artist's name, year in which Artwork is completed, Artwork title, sponsorship partners (if any) and such other information as determined by City. Identification may be in the form of a plaque, brochure, audio identification, or other method that is consistent with identification throughout the remainder of the City property. 8. CHILDREN'S BOOK. Artist agrees, at City's election, to fully collaborate with City in production of the Children's Book. Artist also agrees that it will grant all necessary intellectual property rights to City in connection with such Children's Book at no extra cost the City. 9. STATUS OF CONSULTANT. Artist and Consultant will each perform their responsibilities under this Agreement as an independent contractor and not as an employee of City. 10. INDEMNIFICATION. A. INDEMNIFICATION BY ARTIST. Artist will defend, indemnify and hold harmless City and its officers, agents, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of this Agreement, caused in whole or in part by the willful REV: 11-21-16 JS Page 3 of 15 ATTY/AGR.2016.323/Purchase Agreement for Artwork - Kabakov - Fung