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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 such <br /> expenses as are approved for reimbursement by the City in writing prior to the expense being <br /> incurred.If Exhibit C is either blank or not attached,expenses may not be reimbursed unless prior <br /> written approval was obtained from the City. An expense shall not be reimbursed if: (1) the <br /> expense is not identified in Exhibit C; (2) the expense exceeds the per item or cumulative limits <br /> for such expense if it is identified in Exhibit C;or(3)the expense was not approved in writing by <br /> 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 /> $60,000 <br /> D. If Artist fails or refuses to correct its wort when so directed by the City, the City may <br /> withhold from any payment otherwise due an amouint 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 reimbursement <br /> of Eligible Expenses is sought,submit itemization of such expenses and,if requested by the City, <br /> copies of receipts and invoices; and(c)comply with all applicable 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 /> 7. Submission of Reports and Other Documents. The Artist shall submit all reports and other <br /> documents specified in Exhibit A. Artist is specifically required to submit all information required <br />