Timothy Flood 12/5/2023 - Laserfiche WebLink

General Provisions - 1 ATTACHMENT PROFESSIONAL SERVICES AGREEMENT (GENERAL PROVISIONS --- ART PURCHASE AGREEMENT) 1. Purchase of the Work. The City hereby agrees to purchase from the Artist the artwork described in the Basic Provision. The artwork is hereafter referred to as the “Work”. The City shall pay the Artist the Purchase Price stated in the Basic Provisions. 2. Ownership. The Work shall be and remain for all purposes the property of the City. The Artist shall own any and all copyrights in the Work. For non-commercial or nonprofit purposes, including, but not limited, education, public relations, arts promotion, and publicity, the Artist hereby grants the City an irrevocable, non-transferable, non-assignable license in perpetuity to reproduce the Work, electronically, graphically or otherwise. Each such reproduction, whether by the City or by a third party authorized by the City, shall clearly and legibly identify the Artist as the creator of the Work. The Artist also agrees that reproductions of the Work the Artist makes or causes to be made for purposes of publicizing the Artist shall identify the installation of the Work as part of the City of Everett, Washington Public Art Collection. The Artist also grants the City an irrevocable, non-transferable, non-assignable license to reproduce the Work in whole or in part for the purposes of repairing the Work or replacing part of the Work if the Work is damaged. 3. Artist’s Representations and Warranties. Artist expressly represents and warrants that the Work is original and does not infringe on another’s copyright, or rights in trade or service marks. Artist expressly represents and warrants that Artist has authority to sell the Work to the City, Artist is the sole owner of the Work, and the Work is not subject to lien or encumbrance of any kind. Artist agrees to defend and indemnify City from any and all claims and damages arising out of this Agreement or the Work purchased hereunder. 4. Waiver of Certain Rights. A. Works Incorporated or Made Part of a Building. The provisions of this subsection 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 that Artist may have pursuant to 17 U.S.C. §106A(a)(2) and (3). Artist does not waive, and hereby reserves, any rights Artist may have pursuant to 17 U.S.C. §106A(a)(1) (right to claim authorship of the Work and to prevent the use of Artist’s 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 subsection 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 Artist may have pursuant to 17 U.S.C. §106A(a)(2) and (3). Artist does not waive, and hereby reserves, any rights Artist may have pursuant to 17 U.S.C. §106A(a)(1) (right to claim authorship of the Work and to