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THIS AGREEMENT, IN NO EVENT SHALL CITY BE LIABLE TO ARTIST (REGARDLESS OF
<br />WHETHER ANY CLAIM IS BASED ON CONTRACT OR TORT) FOR ANY SPECIAL,
<br />CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED
<br />TO, LOST PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR
<br />THE WORK PERFORMED IN CONNECTION WITH THIS AGREEMENT.
<br />13. CONFLICT OF INTEREST. If disclosure under the Political Reform Act and City's
<br />Conflict of Interest Code is required of Artist, Consultant or any of Artist's or Consultants'
<br />employees, agents, or subcontractors, Artist, Consultant or Artist's/Consultant's affected
<br />employees, agents, or subcontractors shall complete and file with the City Clerk those schedules
<br />specified by City and contained in the Statement of Economic Interests Form 700.
<br />Artist, for Artist and on behalf of Artist's agents, employees, subcontractors and consultants
<br />warrants that by execution of this Agreement, that they have no interest, present or
<br />contemplated, in the projects affected by this Agreement. Artist further warrants that neither
<br />Artist, nor Artist's agents, employees, subcontractors and consultants have any ancillary real
<br />property, business interests or income that shall be affected by this Agreement or, alternatively,
<br />that Artist shall file with City an affidavit disclosing this interest.
<br />Consultant, for Consultant and on behalf of Consultant's agents, employees, subcontractors and
<br />consultants warrants that by execution of this Agreement, that they have no interest, present or
<br />contemplated, in the projects affected by this Agreement. Consultant further warrants that
<br />neither Consultant, nor Consultant's agents, employees, subcontractors and consultants have
<br />any ancillary real property, business interests or income that shall be affected by this Agreement
<br />or, alternatively, that Consultant shall file with City an affidavit disclosing this interest.
<br />14. COMPLIANCE WITH LAWS. Artist and Consultant will comply with all applicable
<br />local, state and federal laws and regulations prohibiting discrimination and harassment and will
<br />obtain and maintain a City of Redwood City Business License for the term of this Agreement.
<br />15. OWNERSHIP; COPYRIGHT.
<br />A. Subject to the rights granted by Artist to City, as described below, and in
<br />consideration of the substantial compensation that City will pay to Artist for the
<br />Artwork, City acquires all right, title an interest in the Artwork, and Artist retains all
<br />copyrights in the Artwork that Artist will deliver to City under this Agreement.
<br />Artist's copyright shall not extend to predominantly functional aspects of the
<br />building or Site that may be incorporated into Artwork or which are in the area of
<br />the Artwork, such as the flooring, walls and other fixtures and features of the Site,
<br />furnishings, or other similar objects located at the Site. If Artist is comprised of
<br />two or more individual persons, the individual persons shall be deemed joint
<br />authors of the Artwork. Artist may, at Artist's option, place a copyright notice on
<br />the Artwork in the form and manner required to protect copyrights in the Artwork
<br />under United States copyright law. If the copyright is registered with the U.S.
<br />Copyright Office, Artist shall provide City with a copy of the application for
<br />registration, the registration number and the effective date of registration.
<br />B. Artist grants to City a non-exclusive, royalty -free, irrevocable license to do the
<br />following with respect to the Artwork, in whatever media, including, without
<br />limitation, digital and electronic media, that now or hereafter are known: (A) use
<br />and display the Artwork; (B) make and distribute, and authorize the making and
<br />distribution of, two-dimensional images and reproductions of the Artwork; (C) use
<br />REV: 11.21-1615
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<br />ATTY/AGR.2016.323/Purchase Agreement for Artwork - Kabakov - Fung
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