Laserfiche WebLink
19. Waiver. Any waiver by the Artist or the City or the breach of any provision of this Agreement <br /> by the other party will not operate,or be construed,as a waiver of any subsequent breach by either <br /> party or prevent either party from thereafter enforcing any such provisions. <br /> 20. Waiver of Certain Rights. <br /> A.Works Incorporated or Made Part of a Building. The provisions of this subparagraph <br /> apply if the Work is incorporated or made part of a building. In the event the City determines the <br /> Work must be moved,relocated,repaired or modified,the City shall use reasonable efforts to <br /> contact the Artist, and the Artist shall have the right to consult with the City regarding such <br /> movement,repair,relocation or modification. If the City,in its discretion,determines to move, <br /> modify,repair, or relocate the Work,the Artist shall have the right to require the City to remove <br /> any attribution of the Work to the Artist. Artist hereby irrevocably waives any and all rights in <br /> the Work it may have pursuant to 17 U.S.C. §106A(a)(2)and(3) Artist does not waive,and <br /> hereby reserves,any rights it may have pursuant to 17 U.S.C. §106A(a)(1)(right to claim <br /> authorship of the Work and to prevent the use of his or her name as the author of any work of <br /> visual art not created by the Artist). <br /> B. Works Not Incorporated or Made Part of a Building. The provisions of this subparagraph <br /> apply if the Work is not incorporated or made part of a building. In the event the City <br /> determines the Work must be repaired or modified,the City shall use reasonable efforts to <br /> contact the Artist, and the Artist shall have the right to consult with the City regarding such <br /> repair or modification. If the City, in its discretion, determines to modify or repair the Work,the <br /> Artist shall have the right to require the City to remove any attribution of the Work to the Artist. <br /> Artist hereby irrevocably waives any and all rights in the Work it may have pursuant to 17 <br /> 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 <br /> of his or her name as the author of any work of visual art not created by the Artist). <br /> 21. Complete Agreement. This Agreement contains the complete and integrated understanding <br /> and Agreement between the parties and supersedes any understanding, Agreement or negotiation <br /> whether oral or written not set forth herein. <br /> 22. Modification of Agreement. This Agreement may be modified as provided in¶9, or by a <br /> writing explicitly identified as a modification of this Agreement that is signed by authorized <br /> representatives of the City and the Artist. <br /> 23. Severability. If any part of this Agreement is found to be in conflict with applicable laws, <br /> such part shall be inoperative,null and void,insofar as it is in conflict with said laws,the remainder <br /> of the Agreement shall remain in full force and effect. <br />