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CITY
<br /> CITY OF EVERETT
<br /> PURCHASE AGREEMENT
<br /> THIS AGREEMENT made and entered into on this 3rd of May,2017, by and between the CITY OF EVERETT,
<br /> a municipal corporation under the laws of the State of Washington, hereinafter referred to as the "City," and Denah
<br /> Johnston, whose address is 1004 Cedar Avenue, Suite B,Marysville,WA 98270,hereinafter referred to as the "Artist."
<br /> NOW,THEREFORE,the parties herein do mutually agree as follows:
<br /> 1. Purchase of Art. The City hereby agrees to purchase from the Artist the painting and embellishing of piano
<br /> supplied by the City. The artwork is hereafter referred to as"Work".
<br /> 2. Description of Art. artist paints and embellishes a piano supplied by the City to be used in the Street Tunes program.
<br /> 3. Ownership. The Work shall be and remain for all purposes the property of the City. The Artist shall own
<br /> any and all copyrights in the Work. For non-commercial or nonprofit purposes, including,but not limited to,
<br /> education, public relations,arts promotion, and publicity,the Artist hereby grants the City an irrevocable,
<br /> non-transferable,non-assignable license in perpetuity to reproduce the Work, electronically,graphically or
<br /> otherwise. Each such reproduction,whether by the City or by a third party authorized by the City, shall
<br /> clearly and legibly identify the Artist as the creator of the Work. The Artist also agrees that reproductions of
<br /> the Work the Artist makes or causes to be made for purposes of publicizing the Artist shall identify the Work
<br /> as part of the City of Everett, Washington Public Art Collection.The Artist also grants the City an
<br /> irrevocable, non-transferable,non-assignable license to reproduce the Work in whole or in part for the
<br /> purposes of repairing the Work or replacing part of the Work if the Work is damaged.
<br /> 4. Artist's Representations and Warranties. Artist expressly represents and warrants that the Work is
<br /> original and has not infringed on another's copyright,or rights in trade or service marks. Artist agrees to
<br /> defend and indemnify City from any and all claims and damages arising out of this Agreement or the Work
<br /> created hereunder.
<br /> 5. Compensation.
<br /> Total compensation including all services, expenses and applicable taxes, shall not exceed 250.00.
<br /> 6. Method of Payment.
<br /> To obtain payment,the Artist shall file its request for payment.All requests for payment should be sent to:
<br /> City of Everett
<br /> Attn: Carol Thomas
<br /> 2930 Wetmore Ave, Suite 10-A
<br /> Everett, WA 98201
<br /> 7. Waiver of Certain Rights.
<br /> A.Works Incorporated or Made Part of a Building. The provisions of this subparagraph apply if the
<br /> Work is incorporated or made part of a building. In the event the City determines the Work must be
<br /> moved, relocated, repaired or modified,the City shall use reasonable efforts to contact the Artist,
<br /> and the Artist shall have the right to consult with the City regarding such movement, repair,
<br /> relocation or modification. If the City, in its discretion, determines to move, modify, repair, or
<br /> relocate the Work, the Artist shall have the right to require the City to remove any attribution of the
<br /> Work to the Artist. Artist hereby irrevocably waives any and all rights in the Work it may have
<br /> pursuant to 17 U.S.C. §106A(a)(2) and (3) Artist does not waive, and hereby reserves, any rights it
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