Christine Clark 1/18/2018 - Laserfiche WebLink

19. Waiver. Any waiver by the Artist or the City or the breach of any provision of this Agreement by the other party will not operate, or be construed, as a waiver of any subsequent breach by either party or prevent either party from thereafter enforcing any such provisions. 20. Waiver of Certain Rights. A.Works Incorporated or Made Part of a Building. The provisions of this subparagraph apply if the Work is incorporated or made part of a building. In the event the City determines the Work must be moved, relocated, repaired or modified,the City shall use reasonable efforts to contact the Artist, and the Artist shall have the right to consult with the City regarding such movement, repair, relocation or modification. If the City, in its discretion, determines to move, modify, repair, or relocate the Work,the Artist shall have the right to require the City to remove any attribution of the Work to the Artist. Artist hereby irrevocably waives any and all rights in the Work it may have pursuant to 17 U.S.C. §106A(a)(2) and(3) Artist does not waive, and hereby reserves, any rights it may have pursuant to 17 U.S.C. §106A(a)(1) (right to claim authorship of the Work and to prevent the use of his or her name as the author of any work of visual art not created by the Artist). B. Works Not Incorporated or Made Part of a Building. The provisions of this subparagraph apply if the Work is not incorporated or made part of a building. In the event the City determines the Work must be repaired or modified, the City shall use reasonable efforts to contact the Artist, and the Artist shall have the right to consult with the City regarding such repair or modification. If the City, in its discretion, determines to modify or repair the Work, the Artist shall have the right to require the City to remove any attribution of the Work to the Artist. Artist hereby irrevocably waives any and all rights in the Work it may have pursuant to 17 U.S.C. §106A(a)(2) and(3). Artist does not waive, and hereby reserves, any rights it may have pursuant to 17 U.S.C. §106A(a)(1) (right to claim authorship of the Work and to prevent the use of his or her name as the author of any work of visual art not created by the Artist). 21. 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. 22. 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 City and the Artist. 23. 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.