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Brian Borrello Inc 5/18/2018
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Brian Borrello Inc 5/18/2018
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Last modified
5/22/2018 9:34:57 AM
Creation date
5/22/2018 9:34:48 AM
Metadata
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Contracts
Contractor's Name
Brian Borrello Inc
Approval Date
5/18/2018
Council Approval Date
5/9/2018
End Date
12/31/2018
Department
Parks
Department Project Manager
Carol Thomas
Subject / Project Title
Broadway Transit Corridor Art Integration
Tracking Number
0001232
Total Compensation
$50,000.00
Contract Type
Agreement
Contract Subtype
Professional Services
Retention Period
6 Years Then Destroy
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Artist hereby irrevocably waives any and all rights in the Work it may have pursuant to 17 <br /> U.S.C. §106A(a)(3). Artist does not waive, and hereby reserves, any rights it may have pursuant <br /> to 17 U.S.C. §106A(a)(1) and (2). With respect to 17 U.S.C. §106A(a) (2), the Artist agrees that, <br /> in the event of distortion, mutilation, or other modification of Work, Artist's sole remedy with <br /> respect to the City will be that the City shall, upon written request from the Artist, remove any <br /> City use of Artist's name as author of such Work. <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 19, 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 /> 2130 Colby Avenue <br /> Everett, WA 98201 <br /> B. Notices to the Artist shall be sent to the following address: <br /> Brian Borrello I N . <br /> PO Box 17040 <br /> Portland, OR. 97217 <br /> 25. Venue. It is agreed that venue for any lawsuit arising out of this Agreement shall be <br /> Snohomish County. <br /> 26. Amendment of Agreement to Include Second Phase. By the end of the First Phase, the <br /> City may designate as an "Approved Design" some or all of the Artist's designs for the Work. <br /> Such designation is at the City's sole discretion. The City and Artist may then agree to amend <br /> this Agreement to also include the Second Phase for the fabrication and installation of the <br /> Approved Design. Such an amendment will be in the form of Exhibit D to this Agreement. <br />
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