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6.1.H. - Page 8
<br /> necessary documents. If Artist specifies any material, equipment, process
<br /> or procedure which is protected, Artist shall disclose such patents,
<br /> trademarks and copyrights in the construction drawings and technical
<br /> specifications, such listing to be appended to this Agreement and shall be
<br /> incorporated by this reference.
<br /> 14.1.4. Artist agrees to release, indemnify, defend and save
<br /> harmless City, its officers and employees from any and all claims,
<br /> damages, suits, costs, expenses, liabilities, actions or proceedings of any
<br /> kind resulting from the performance under this Agreement which infringes
<br /> upon any patent, trademark or copyright or other right protected by law.
<br /> 14.2 Artists Moral Riqhts; City Ownership Riqhts.
<br /> 14.2.1. City must preserve complete flexibility to operate and
<br /> manage City properties. Therefore, City retains the absolute right to alter,
<br /> repair, modify, remove, relocate, sell, dispose of, or destroy (collectively,
<br /> "Modify") the Work Product in its sole judgment. For example, City may
<br /> modify the Work Product to eliminate hazards, to comply with the ADA, to
<br /> otherwise aid in the management of its property and affairs, or through
<br /> neglect or accident. If, during or after the term of this Agreement, City
<br /> finds the project site to be inappropriate, City has the right to install the
<br /> Work Product at an alternate location that it chooses in its sole discretion.
<br /> 14.2.2. With respect to the Work Product produced under this
<br /> Agreement, Artist waives any and all claims, arising at any time and under
<br /> any circumstances, against City its officers, agents, employees,
<br /> successors and assigns, arising under the federal Visual Artists Rights Act
<br /> (17 U.S.C. §§106A and 113(d)), the California Art Preservation Act (Cal.
<br /> Civil Code §§987 et seq.), and any other local, state, federal or
<br /> 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
<br /> other type of moral right protecting the integrity of works of art. If the Work
<br /> Product is incorporated into a site such that the Work Product cannot be
<br /> removed from the site without Modifying the Work Product, Artist waives
<br /> any and all such claims against any future owners of the Site, and its
<br /> agents, officers and employees, for Modifying the Work Product. Artist
<br /> acknowledges that all such decisions concerning the Work Product shall
<br /> be made in the sole discretion of City, its officers, employees, agents,
<br /> contractors, licensees, successors or assigns. Artist further acknowledges
<br /> that Artist retains no rights in and to the Work Product itself nor to any
<br /> design, sketches, drawings, maquettes, models, slides, photographs, or
<br /> other related materials with regard to attribution and integrity of the Work
<br /> Product. In addition to the extent such rights may not be waived, Artist
<br /> covenants not to assert such rights against City, its officers, employees,
<br /> agents, contractors, licensees, successors or assigns.
<br /> ATTY/AGR/2013.012/(ARTIST)INTERPLAY
<br /> REV: 01-22-13 MLG
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