Agmt17 Ilya and Emilia Kabakov , Fung Colllaboratives, Inc

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any images and reproductions for City -related purposes, including, without limitation, advertising-, branding-, education-, information-, promotion- and publicity -related materials; and (D) sublicense the rights granted herein to third parties to fulfill the public art purposes of the City's acquisition of the Artwork, including, without limitation, loaning the Artwork to others for the purpose of public display. C. On any and all reproductions authorized by this Section, City shall place a copyright notice (if the Artist has the work copyrighted) in the form and manner required to protect the copyrights in the works under the United States copyright law. D. Artist retains all copyrights in any and all documents, studies, drawings and the like which were developed by Artist in the course of development of the Artwork Design ("Artist's Submittals"). Artist agrees that City may use Artist's Submittals for the purposes related to the development and consideration of the Artwork Design, including without limitation, obtaining any and all approvals of the Artwork Design and the Artwork - E. 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. F. City is not responsible for any third party infringement of Artist's copyright and not responsible for protecting the intellectual property rights of Artist. G. Artist hereby agrees that all formal references to the Artwork and any reproductions of the Artwork in any form shall include the following credit: "Collection of the City of Redwood City, California." H. City shall have the right to use Artist's name, likeness, and biographical information, in connection with the display or reproduction and distribution of the Artwork including all advertising and promotional materials regarding the City. Artist shall be reasonably available to attend any inauguration or presentation ceremonies relating to the public dedication of the Artwork. I. In the event that City's use of the Artwork creates trademark, service, mark or trade dress rights in connection with the Artwork, City shall have an exclusive and irrevocable right in such trademark, service mark, or trade dress. J. If City sells the Artwork as a fixture to real property, and if the resale value of the Artwork is not itemized separately from the value of the real property, the parties agree that the resale price of the Artwork shall be presumed to be less than the purchase price paid by City under this Agreement. Thus, City has no obligation to pay resale royalties pursuant to California Civil Code Section 986 or any other law requiring the payment of resale royalties. If City sells the Artwork as an individual piece, separate from or itemized as part of a real property transaction, City shall pay to Artist a resale royalty to the extent required by law, based upon the sale price of the Artwork. REV! 11-21-16 JS Page 7 of 15 ATTY/AGR.2016.323/Purchase Agreement for Artwork - Kabakov - Fung