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16. ARTISTS MORAL RIGHTS; CITY OWNERSHIP RIGHTS.
<br />A. City must preserve complete flexibility to operate and manage City properties.
<br />Therefore, City retains the absolute right to alter, modify, repair, remove, relocate,
<br />sell, dispose of, or destroy (collectively, "Modify") the Artwork in its sole judgment.
<br />For example, City may modify the Artwork to eliminate hazards, to comply with
<br />the ADA, to otherwise aid in the management of its property and affairs, or
<br />through neglect or accident. City agrees to provide Artist with reasonable notice if
<br />the Artwork requires or needs to be modified to comply with ADA requirements.
<br />If, at any time, City finds the project site to be inappropriate, City has the right to
<br />install the Artwork at an alternate location that it chooses in its sole discretion.
<br />B. With respect to the Artwork produced under this Agreement, Artist waives any
<br />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
<br />Visual Artists Rights Act (17 U.S.C. §§106A and 113(d)), the California Art
<br />Preservation Act (Cal. Civil Code §§987 et seq.), and any other local, state,
<br />federal or international laws that convey rights of the same nature as those
<br />conveyed under 17 U.S.C. §106A, Cal. Civil Code §§987 et seq., or any other
<br />type of moral right protecting the integrity of works of art. If the Artwork is
<br />incorporated into a site such that the Artwork cannot be removed from the site
<br />without Modifying the Artwork, Artist waives any and all such claims against any
<br />future owners of the Site, and its agents, officers and employees, for Modifying
<br />the Artwork. Artist acknowledges that all such decisions concerning the Artwork
<br />shall be made in the sole discretion of City, its officers, employees, agents,
<br />contractors, licensees, successors or assigns. Artist further acknowledges that
<br />Artist retains no rights in and to the Artwork itself nor to any design, sketches,
<br />drawings, maquettes, models, slides, photographs, or other related materials with
<br />regard to attribution and integrity of the Artwork. In addition to the extent such
<br />rights may not be waived, Artist covenants not to assert such rights against City,
<br />its officers, employees, agents, contractors, licensees, successors or assigns.
<br />C. City has no obligation to pursue claims against third parties for modifications or
<br />damage to the Artwork done without City's authorization. However, City may
<br />pursue claims against third parties for modifications or damage or to restore the
<br />Artwork if the Artwork has been modified without City's authorization. In the event
<br />City pursues such a claim, it will make a good faith attempt to notify Artist, and
<br />Artist shall cooperate with City's efforts to prosecute such claims.
<br />D. City shall have no obligation to display or maintain the Artwork for any particular
<br />time and City reserves the right to remove or destroy the Artwork at any time.
<br />Artist hereby waives any and all rights Artist may have to prevent or cause the
<br />prevention of the removal or destruction of the Artwork, or to seek any other relief
<br />in connection with any such removal or destruction, pursuant to 17 U.S.C. §106A
<br />or pursuant to California Civil Code §987, as such sections now exist or may
<br />hereafter be amended.
<br />17. FUTURE MODIFICATION OR RELOCATION.
<br />REV. 11-21-1615
<br />Page S of 15
<br />ATTY/AGR.2016.323/Purchase Agreement for Artwork - Kabakov - Fung
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