2003/02/12 Council Agenda Packet

• 1y 8. Waiver of Certain Rights. 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. §106(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). 9. Complete Agreement. This Agreement contains the complete and integrated understanding and Agreement between the parties and supersedes any understanding, Agreement or negotiation whether oral or written not set forth herein. 10. Modification of Agreement. This Agreement may be modified as provided in¶9, or by a writing explicitly identified as a modification of this Agreement that is signed by authorized representatives of the City and the Artist. 11. Severability. If any part of this Agreement is found to be in conflict with applicable laws,such part shall be inoperative, null and void, insofar as it is in conflict with said laws,the remainder of the Agreement shall remain in full force and effect. 12. Venue. It is agreed that venue for any lawsuit arising out of this Agreement shall be Snohomish County. IN WITNESS WHEREOF,the City and Artist have executed this Agreement as of the date first above written. CITY OF EVERETT ARTIST WASHINGTON tzt.By: p14/Z/ 7 �,�,� Frank Anderson, Mayor Date: C / • / Date: ATTEST: Sharon Marks, City Clerk Date: APPROVED AS TO FORM: Mark T. Soine, City Attorney Date: 43