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7 <br /> B. Works Not Incorporated or Made Part of a Building. The provisions of this subparagraph apply if the <br /> Work is not incorporated or made part of a building. In the event the City determines the Work must be <br /> repaired or modified,the City shall use reasonable efforts to contact the Artist,and the Artist shall have the <br /> right to consult with the City regarding such repair or modification. If the City, in its discretion, determines <br /> to modify or repair the Work,the Artist shall have the right to require the City to remove any attribution of <br /> the Work to the Artist. Artist hereby irrevocably waives any and all rights in the Work it may have pursuant <br /> to 17 U.S.C. §106A(a)(2)and(3). Artist does not waive,and hereby reserves, any rights it may have <br /> pursuant to 17 U.S.C. §106A(a)(1)(right to claim authorship of the Work and to prevent the use of his or her <br /> name as the author of any work of visual art not created by the Artist). <br /> 9. Complete Agreement. This Agreement contains the complete and integrated understanding and Agreement <br /> between the parties and supersedes any understanding,Agreement or negotiation whether oral or written not <br /> set forth herein. <br /> 10. Modification of Agreement. This Agreement may be modified as provided in¶9,or by a writing explicitly identified <br /> as a modification of this Agreement that is signed by authorized representatives of the City and the Artist. <br /> 11. Severability. If any part of this Agreement is found to be in conflict with applicable laws,such part shall be <br /> inoperative,null and void,insofar as it is in conflict with said laws,the remainder of the Agreement shall remain in full <br /> force and effect. <br /> 12. Venue. It is agreed that venue for any lawsuit arising out of this Agreement shall be Snohomish County. <br /> IN WITNESS WHEREOF,the City and Artist have executed this Agreement as of the date first above written. <br /> CITY OF EVERETT ARTIST <br /> WASHINGTON <br /> By: <br /> Ray Stephanson,Mayor <br /> Mary Kuebelbeck <br /> Date: <br /> Date: <br /> ATTEST: <br /> Sharon Marks,City Clerk <br /> Date: <br /> APPROVED AS TO FORM: <br /> Elmer E."Ned"Johnston,Jr. <br /> City Attorney <br /> Date: <br /> 46 <br />