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A. City has the right to remove the Artwork from the Site at any time. In addition, in <br />the event that any element of the Artwork constitutes a public safety hazard, City <br />has the right to remove the element posing the public safety hazard. <br />B. Except to the extent permitted by Section 16.A, City agrees not to intentionally <br />modify the Artwork without first seeking Artist's written consent. <br />C. City shall have the right to donate or sell the Artwork at any time. Before <br />exercising this right, City, by written notice to Artist at Artist's last known address, <br />agrees to give Artist the opportunity to purchase the Artwork for the greater of the <br />price paid by City or the amount of any offer which City has received for the <br />purchase of the Artwork, plus all costs associated with the removal of the Artwork <br />from the Site, clean-up of the Site and delivery to Artist. Artist shall have thirty (30) <br />days from the date of Citys notice to exercise the option to purchase the Artwork. <br />D. Without limiting City's rights under Section 16, it is City's practice to notify and <br />consult with Artist before intentionally moving, relocating or removing the Artwork. <br />If, after the initial discussion, Artist and City do not reach a mutually agreeable <br />decision regarding relocation or modification of an Artwork, or do not agree upon <br />compensation to Artist for providing Artist's input on proposed relocation or <br />modification, City may take such actions as City deems necessary in the <br />management of its Artwork, and no further agreement or compensation is due to <br />Artist. <br />E. Notwithstanding the foregoing, whether or not City notified or consulted with <br />Artist, if City removes, relocates, or modifies the Artwork without Artist's prior <br />written consent, City shall not be liable to Artist for damages. Under such <br />circumstances, if Artist objects to the modification or new location, then (i) City <br />may restore the Artwork or replace the Artwork to its original location, or (ii) if the <br />City does not restore the Artwork or to relocate the Artwork to the original <br />location, Artist may request that Artist's association with Artwork be severed. In <br />either event, City shall have no further obligation or liability to Artist. <br />If City moves the Artwork from its originally installed location without Artist's <br />oversight, Artist shall not be held responsible for the structural integrity or safety <br />of the Artwork to the extent that City's action impairs the structural integrity or <br />safety of the Artwork, nor shall Artist be held responsible for compliance with laws <br />relating to the Artwork to the extent that City's action rendered the Artwork non- <br />compliant with applicable law. <br />G. Artist's rights under this Agreement cease with Artist's death and do not extend to <br />Artist's heirs, successors or assigns. <br />18. MAINTENANCE AND REPAIRS/RESTORATION. <br />A. The Artist will replace any missing or damaged parts of the sculpture. This work <br />will be completed at the City's determination up to the installation of the artwork. <br />B. The Artist is not responsible for and will not be held liable for any damage to the <br />Artwork, its surfaces, or environment caused by personnel of the City or by <br />contracted employees, visitors, or others, beyond the control of the Artist. <br />F:ravaf W115113P <br />Page 9 of 15 <br />ATTY/AGR.2016.323/Purchase Agreement for Artwork - Kabakov - Fung <br />