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<br /> assume exclusive liability therefore, and meet all requirements thereunder pursuant to any rules or
<br /> regulations that are now or may be promulgated in connection therewith.
<br /> 11. Employment. Pettelle and ArtsUnited warrant they have not employed or retained any company or
<br /> person, other than a bona fide employee working solely for them, to solicit or secure this Agreement and
<br /> that they have not paid or agreed to pay any company or person, other than a bona fide employee working
<br /> solely for them, any fee, commission, percentage, brokerage fee, gifts, or any other consideration,
<br /> contingent upon or resulting from the award or making of this Agreement. For breach or violation of this
<br /> warranty, the City shall have the right to annul this Agreement without liability or, in its discretion, to
<br /> deduct from the Agreement price or consideration or otherwise recover, the full amount of such fee,
<br /> commission, percentage, brokerage fee, gift, or contingent fee.
<br /> 12. Compliance with Federal, State and Local Laws. Pettelle and ArtsUnited shall comply with and
<br /> obey all federal, state and local laws, regulations, and ordinances applicable to the operation of their
<br /> businesses and to their performance of this Agreement.
<br /> 13. Audits and Inspections. At any time during normal business hours and as often as the City may
<br /> deem necessary, Pettelle and ArtsUnited shall make available to the City for the City's examination all of
<br /> their records and documents with respect to all matters covered by this Agreement and, furthermore,
<br /> Pettelle and ArtsUnited will permit the City to audit, examine and make copies, excerpts or transcripts from
<br /> such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel,
<br /> conditions of employment and other data relating to all matters covered by this Agreement.
<br /> 14. State of Washington Requirements. Pettelle and ArtsUnited agree to register and obtain any State
<br /> of Washington business licenses, Department of Revenue account and/or unified business identifier number
<br /> as required by RCW 50.04.140 and 51.08.195 prior to performing any work pursuant to this Agreement.
<br /> 15. Waiver. Any waiver by a party or the breach of any provision of this Agreement by the any party
<br /> will not operate, or be construed, as a waiver of any subsequent breach by any party or prevent a party
<br /> from thereafter enforcing any such provisions.
<br /> 16. Waiver of Certain Rights.
<br /> A. Works Incorporated or Made Part of a Building. The provisions of this subparagraph apply if
<br /> the Statue is incorporated or made part of a building. In the event the City determines the Statue must be
<br /> moved, relocated, repaired or modified, the City shall use reasonable efforts to contact Pettelle, and Pettelle
<br /> shall have the right to consult with the City regarding such movement, repair, relocation or modification. If
<br /> the City, in its discretion, determines to move,modify,repair, or relocate the Statue, Pettelle shall have the
<br /> right to require the City to remove any attribution of the Statue to Pettelle. Pettelle hereby irrevocably
<br /> waives any and all rights in the Statue it may have pursuant to 17 U.S.C. §106A(a)(2)and(3) Pettelle
<br /> does not waive, and hereby reserves, any rights it may have pursuant to 17 U.S.C. §106A(a)(1)(right to
<br /> claim authorship of the Statue and to prevent the use of his or her name as the author of any work of visual
<br /> art not created by Pettelle).
<br /> B. Works Not Incorporated or Made Part of a Building. The provisions of this subparagraph
<br /> apply if the Statue is not incorporated or made part of a building. In the event the City determines the
<br /> Statue must be repaired or modified,the City shall use reasonable efforts to contact Pettelle, and Pettelle
<br /> shall have the right to consult with the City regarding such repair or modification. If the City, in its
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