2005/06/20 Council Agenda Packet

discretion, determines to modify or repair the Statue, Pettelle shall have the right to require the City to remove any attribution of the Statue to Pettelle. Pettelle hereby irrevocably waives any and all rights in the Statue it may have pursuant to 17 U.S.C. §106A(ax2)and(3). Pettelle does not waive, and hereby reserves, any rights it may have pursuant to 17 U.S.C. §106A(ax1)(right to claim authorship of the Statue and to prevent the use of his or her name as the author of any work of visual art not created by Pettelle). 17. Effective Date. This Agreement is effective as of April 1, 2005. 18. 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. 19. 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 parties. 20. 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. 21. Notices. A.Notices to the City of Everett shall be sent to the following address: City of Everett Attn: Wendy Becker 2130 Colby Avenue. Everett, WA 98201 B. Notices to Pettelle shall be sent to the following address: Kevin Pettelle Soul in Bronze Studio PO Box 777 Sultan, WA 98294 C. Notices to ArtsUnited shall be sent to the following address: Everett Performing Arts 1604 Hewitt Ave., Ste. 601 Everett, Washington,98201 22. Venue. It is agreed that venue for any lawsuit arising out of this Agreement shall be Snohomish County. IN WITNESS WHEREOF, the City and Pettelle have executed this Agreement as of the date first above written. CITY OF EVERETT