Stuart Nakamura 2/22/2022 - Laserfiche WebLink

marks. Artist agrees to defend and indemnify City from any and all claims and damages arising out of this Agreement or the Work created hereunder. 4. Waiver of Certain Rights. A. Works Incorporated or Made Part of a Building. The provisions of this subparagraph apply if the Work is incorporated or made part of a building. In the event the City determines the Work must be moved, relocated, repaired or modified, the City shall use reasonable efforts to contact the Artist, and the Artist shall have the right to consult with the City regarding such movement, repair, relocation or modification. If the City, in its discretion, determines to move, modify, repair, or relocate the Work, the Artist shall have the right to require the City to remove any attribution of the Work to the Artist. Artist hereby irrevocably waives any and all rights in the Work it may have pursuant to 17 U.S.C. §106A(a)(2) and (3) Artist does not waive, and hereby reserves, any rights it may have 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 name as the author of any work of visual art not created by the Artist). B. Works Not Incorporated or Made Part of a Building. The provisions of this subparagraph apply if the Work is not incorporated or made part of a building. In the event the City determines the Work must be repaired or modified, the City shall use reasonable efforts to contact the Artist, and the Artist shall have the right to consult with the City regarding such repair or modification. If the City, in its discretion, determines to modify or repair the Work, the Artist shall have the right to require the City to remove any attribution of the Work to the Artist. Artist hereby irrevocably waives any and all rights in the Work it may have pursuant to 17 U.S.C. § 106A(a)(2) and (3). Artist does not waive, and hereby reserves, any rights it may have 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 name as the author of any work of visual art not created by the Artist). 5. Time of Beginning and Completion of Performance. This Agreement shall commence as of the date of mutual execution of this Agreement and shall be completed by 12/31/2022. A contract extension may be provided if the project is delayed due to circumstances caused by the COVID-19 pandemic. Any contract extensions must be mutually agreed upon and in writing. 6. Compensation. A. The Artist shall be paid such amounts and in such manner as described in Exhibit B. Such payment shall be full compensation for Work performed or services rendered, including, but not limited to, all labor, materials, supplies, equipment and incidentals necessary to complete the Work. B. Artist may receive payment as reimbursement for Eligible Expenses actually incurred. "Eligible Expenses" means those types and amounts of expenses either listed in Exhibit C or such expenses as are approved for reimbursement by the City in writing prior to the expense being incurred. If Exhibit C is either blank or not attached, expenses may not be reimbursed unless prior written approval was obtained from the City. An expense shall not be reimbursed if: (1) the expense is not identified in Exhibit C; (2) the expense exceeds the per item or cumulative limits for such expense if it is identified in Exhibit C; or (3) the expense was not approved in writing by an authorized City representative prior to the Artist incurring the expense. If, and to the extent, Public Art Professional Services Agreement (2021) 2