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3. Artist's Representation and Warrant. Artist expressly represents and warrants that the <br /> Work shall be original and shall not infringe on another's copyright, or rights in trade or service <br /> marks. Artist agrees to defend and indemnify City from any and all claims and damages arising <br /> out of this Agreement or the Work created hereunder. <br /> 4. Time of Beginning and Completion of Performance. This Agreement shall commence as <br /> of the date of execution of this Agreement and shall be completed by December 31, 2021. <br /> 5. Compensation. <br /> A. The Artist shall be paid such amounts and in such manner as described in Exhibit B. <br /> Such payment shall be full compensation for Work performed or services rendered, including, <br /> but not limited to, all labor, materials, supplies, equipment and incidentals necessary to complete <br /> the Work. <br /> B.Artist may receive payment as reimbursement for Eligible Expenses actually incurred. <br /> "Eligible Expenses" means those types and amounts of expenses either listed in Exhibit C or <br /> such expenses as are approved for reimbursement by the City in writing prior to the expense <br /> being incurred. If Exhibit C is either blank or not attached, expenses may not be reimbursed <br /> unless prior written approval was obtained from the City. An expense shall not be reimbursed if: <br /> (1) the expense is not identified in Exhibit C; (2) the expense exceeds the per item or cumulative <br /> limits for such expense if it is identified in Exhibit C; or (3) the expense was not approved in <br /> writing by an authorized City representative prior to the Artist incurring the expense. <br /> C. Total compensation, including all services and expenses, shall not exceed a maximum of <br /> $110,000 <br /> D. If Artist fails or refuses to correct its work when so directed by the City, the City may <br /> withhold from any payment otherwise due an amount that the City in good faith believes is equal <br /> to the cost to the City of correcting, re-procuring, or remedying any damage caused by Artist's <br /> conduct. <br /> 6. Method of Payment. <br /> A. To obtain payment, the Artist shall (a) file its request for payment, accompanied by <br /> evidence satisfactory to the City justifying the request for payment (b) to the extent <br /> reimbursement of Eligible Expenses is sought, submit itemization of such expenses and, if <br /> requested by the City, copies of receipts and invoices; and (c) comply with all applicable <br /> provisions of this Agreement. <br /> B. All requests for payment should be sent to: <br /> Kimberly Shelton <br /> City of Everett <br /> 802 E Mukilteo Blvd <br /> Everett,WA 98203 <br />