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� 4 <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 <br /> may have pursuant to 17 U.S.C. §106A(a)(1) (right to claim authorship of the Work and to prevent <br /> the use of his or her name as the author of any work of visual art not created by the Artist). <br /> B. Works Not Incorporated or Made Part of a Building. The provisions of this subparagraph apply <br /> if the Work is not incorporated or made part of a building. In the event the City determines the <br /> Work must be repaired or modified, the City shall use reasonable efforts to contact the Artist, and <br /> the Artist shall have the right to consult with the City regarding such repair or modification. If the <br /> City, in its discretion, determines to modify or repair the Work, the Artist shall have the right to <br /> require the City to remove any attribution of the Work to the Artist. Artist hereby irrevocably <br /> waives any and all rights in the Work it may have pursuant to 17 U.S.C. §106A(a)(2) and (3). <br /> Artist does not waive, and hereby reserves, any rights it may have pursuant to 17 U.S.C. <br /> §106A(a)(1) (right to claim authorship of the Work and to prevent the use of his or her name as the <br /> author of any work of visual art not created by the Artist). <br /> 8. Complete Agreement. This Agreement contains the complete and integrated understanding and <br /> Agreement between the parties and supersedes any understanding, Agreement or negotiation <br /> whether oral or written not set forth herein. <br /> 9. Modification of Agreement. This Agreement may be modified as provided in¶9, or by a writing explicitly <br /> identified as a modification of this Agreement that is signed by authorized representatives of the City and the <br /> Artist. <br /> 10. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be <br /> inoperative,null and void, insofar as it is in conflict with said laws,the remainder of the Agreement shall <br /> remain in full force and effect. <br /> 11. Venue. It is agreed that venue for any lawsuit arising out of this Agreement shall be Snohomish County. <br /> IN WITNESS WHEREOF,the City and Artist have executed this Agreement as of the date first above written. <br /> CITY OF EVERETT,WASHINGTON ARTIST <br /> By: �V , ; . . /.,/' 1 Mk—AuA <br /> Ray Stephanson 'ayor Ma'a Nieman <br /> Date: 1l jM fo7Date: /2.-i <br /> A T: APPROVED AS TO FORM: <br /> ii A <br /> haron Fuller,City Clerk mesD.D. I ity Attorney <br /> Date: U �// Date: 1/211S1 <br />