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2009/04/01 Council Agenda Packet
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2009/04/01 Council Agenda Packet
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Council Agenda Packet
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4/1/2009
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0 <br /> modify, repair, or relocate the Artwork, the Artist shall have the right to require the City to <br /> remove any attribution of the Artwork to the Artist. Artist hereby irrevocably waives any and all <br /> rights in the Artwork it may have pursuant to 17 U.S.C. §106A(a)(2) and (3) Artist does not <br /> 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 Artwork and to prevent the use of his or her name as the author of any <br /> work of visual art not created by the Artist). <br /> B. Works Not Incorporated or Made Part of a Building. The provisions of this <br /> subparagraph apply if the Artwork is not incorporated or made part of a building. In the event <br /> the City determines the Artwork must be repaired or modified, the City shall use reasonable <br /> efforts to contact the Artist, and the Artist shall have the right to consult with the City regarding <br /> such repair or modification. If the City, in its discretion, determines to modify or repair the <br /> Artwork, the Artist shall have the right to require the City to remove any attribution of the <br /> Artwork to the Artist. Artist hereby irrevocably waives any and all rights in the Artwork it may <br /> have pursuant to 17 U.S.C. §106A(a)(2) and (3). Artist does not waive, and hereby reserves, any <br /> rights it may have pursuant to 17 U.S.C. §106A(a)(1) (right to claim authorship of the Artwork <br /> and to prevent the use of his or her name as the author of any work of visual art not created by <br /> the Artist). <br /> 21. Complete Agreement. This Agreement contains the complete and integrated <br /> understanding and Agreement between the parties and supersedes any understanding, Agreement <br /> or negotiation whether oral or written not set forth herein. <br /> 22. Modification of Agreement. This Agreement may be modified as provided in ¶9, or by a <br /> writing explicitly identified as a modification of this Agreement that is signed by authorized <br /> representatives of the City and the Artist. <br /> 23. Severability. If any part of this Agreement is found to be in conflict with applicable laws, <br /> such part shall be inoperative, null and void, insofar as it is in conflict with said laws, the <br /> remainder of the Agreement shall remain in full force and effect. <br /> 24. Notices. <br /> A.Notices to the City of Everett shall be sent to the following address: <br /> City of Everett <br /> Attn: Carol Thomas <br /> 2930 Wetmore Ave., 10-A <br /> Everett, WA 98201 <br /> B.Notices to the Artist shall be sent to the following address: <br /> Cheri O'Brien <br /> 5509 South Second Avenue <br /> Everett, WA. 985203 <br />
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