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REV: 10-05-23 VR such a claim, it will make a good faith attempt to notify Consultant, and Consultant shall cooperate with City’s efforts to prosecute such claims. 14.2.4. If City modifies the Work Product without Consultant’s consent in a manner that is prejudicial to Consultant’s reputation, Consultant retains the right to disclaim authorship of the artwork in accordance with 17 U.S.C. §106A(a)(2). 14.2.5. City shall have no obligation to display or maintain the Work Product for any particular time and City reserves the right to remove or destroy the Work Product at any time. Consultant hereby waives any and all rights Consultants may have to prevent or cause the prevention of the removal or destruction of the Work Product, or to seek any other relief in connection with any such removal or destruction, pursuant to 17 U.S.C. §106A or pursuant to California Civil Code §987, as such sections now exist or may hereafter be amended. 14.2.6. City’s Right to Display, Reproduce. Consultant grants to City and to City’s agents, authorized contractors, and assigns, an unlimited, nonexclusive, and irrevocable license to do the following with respect to the Work Product and any original works of authorship created under this Agreement, whether in whole or in part, in all media: (a) Implementation, Use and Display. City may use and display the Work Product. (b) Reproduction and Distribution. City may make, display, and distribute, and authorize the making, display and distribution of, photographs and other two-dimensional reproductions of the Work Product. City may use such reproductions for any City- related non-commercial purpose including fundraising for City’s art programs, advertising, educational and promotional materials, brochures, books, flyers, postcards, print, broadcast, film, electronic and multimedia publicity, documentation of City’s public art collection, and catalogues or similar publications. (c) Public Record Requests. Any documents provided by Consultant 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. 14.2.7. Artist understands the effect of the waivers in this Agreement and hereby acknowledges that Artist is surrendering the rights described herein with respect to the work. ATTY/AGR.2023.245/Escartiz Studio (Jardin de Ninos Park Expansion Art Installation) (Page 8 of 15)