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7.1.C. - Page 11 <br /> 10.2.3. City has no obligation to pursue claims against third parties for modifications or <br /> damage to the Work Product done without City's authorization. However, City may <br /> pursue claims against third parties for modifications or damage or to restore the Work <br /> Product if the Work Product 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 Artist <br /> shall cooperate with City's efforts to prosecute such claims. <br /> 10.2.3. If City modifies the Work Product without Artists' consent in a manner that is <br /> prejudicial to Artist's reputation, Artist retains the right to disclaim authorship of the <br /> artwork in accordance with 17 U.S.C. §106A(a)(2). <br /> 10.2.4. City shall have no obligation to display or maintain the Work Product for any <br /> particular time and CITY reserves the right to remove or destroy the Work Product at <br /> any time. ARTIST hereby waives any and all rights ARTIST may have to prevent or <br /> cause the prevention of the removal or destruction of the Work Product, or to seek any <br /> other relief in connection with any such removal or destruction, pursuant to 17 U.S.C. <br /> §106A or pursuant to California Civil Code §987, as such sections now exist or may <br /> hereafter be amended. <br /> 10.2.5. City's Right to Display, Reproduce. ARTIST grants to CITY and to CITY's <br /> agents, authorized contractors, and assigns, an unlimited, nonexclusive and irrevocable <br /> license to do the following with respect to the Work Product and any original works of <br /> authorship created under this Agreement, whether in whole or in part, in all media: <br /> (a) Implementation, Use and Display. CITY may use and display the Work Product. <br /> (b) Reproduction and Distribution. CITY may make, display and distribute, and authorize <br /> the making, display and distribution of, photographs and other two-dimensional <br /> reproductions of the Work Product. CITY may use such reproductions for any City- <br /> related non-commercial purpose including fundraising for CITY's art programs, <br /> advertising, educational and promotional materials, brochures, books, flyers, postcards, <br /> print, broadcast, film, electronic and multimedia publicity, documentation of City's public <br /> ®®: art collection, and catalogues or similar publications. <br /> (c) Public Record Requests. Any documents provided by ARTIST to City are public <br /> G®®®®® records and City may authorize third parties to review and reproduce such documents <br /> pursuant to public records laws, including the California Public Records Act. <br /> ®®®® 10.2.6. Artist understands the effect of the waivers in this Agreement and hereby <br /> acknowledges that Artist is surrendering the rights described herein with respect to the <br /> work. <br /> 11. Claims and Lawsuits. By signing this Agreement, Artist agrees it may be subject to civil <br /> penalties for the filing of false claims as set forth in the California False Claims Act, Government Code <br /> sections 12650, et seq. Artist further acknowledges that disbarment by another jurisdiction is grounds <br /> for City to terminate this Agreement. <br /> 12. Venue and Jurisdiction. Artist agrees and stipulates that the proper venue and jurisdiction for <br /> resolution of any disputes between the parties arising out of this Agreement is the Superior Court, San <br /> Mateo County, California. <br /> 13. Assignment. Artist may not assign this Agreement or any part of it, or any monies due or to <br /> become due under it, without the prior written consent of City. <br /> 14. Amendments. This Agreement may be amended by mutual consent of City and Artist. Any <br /> amendment will be in writing, signed by both parties, with a statement of the changes in charges or time <br /> schedule. <br /> ATT Y/AGR/SIRE/AGR/TEMPL ATE/ARTIST AGREEMENT (UTILITY BOX MURAL) <br /> REV: 05-02-14 MLG <br /> Page 4 of 7 <br />