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<br />A Copyright Notice ~2007 Monument Arts shall be affixed by Consultant to any art, sculpture, <br />monument, or business concept. Ownership of copyrights for all preliminary concept, <br />intermediate and final art work including drawings from Consultant and it's affiliate artists, as <br />well as design of the final monument are retained by Consultant and has been registered with the <br />Library of Congress under Monument Arts Inc/San Leandro Civic Center Plaza Monument. <br />Reproduction in any form produced for profit (3-dimentional, print or electronic), require written <br />consent from Consultant. Call 801-562-0123. Unless previously copyrighted or not granted by <br />the artist or sculptor, such copyright resides in Monument Arts Inc. <br /> <br />Section 8. <br /> <br />RIGHT TO USE OF REPRODUCTIONS OF MONUMENT FOR CITY <br />BUSINESS <br /> <br />City shall have an irrevocable license to graphically depict (including photography) or reproduce <br />images of the Monument in any non-commercial manner whatsoever. For the purposes of this <br />section, the graphic depiction or image reproduction of the Monument in or on materials <br />designed to promote City, its services or products, or to attract customers to any of its services or <br />products, shall be deemed to be a non-commercial use. <br /> <br />Section 9. <br /> <br />EXCLUSIVITY OF DESIGN <br /> <br />The unique desi2:n concepts and the specific desi2:n elements of the San Leandro Civic <br />Center Public Safety Monument as desi2:ned with the input of the City of San Leandro <br />shall be used exclusively for the San Leandro Civic Center Public Safety Monument and <br />shall not be replicated in its final representation for any other projects, sculptures or <br />monuments created by Consultant. The 2:eneral use of li2:htin2:, layerin2:, shape, and <br />material constitute Consultant's style, and as such remain their tools of the trade. <br /> <br />Section 1 O. WARRANTY <br /> <br />10.1 Consultant shall guarantee the entire work constructed under the contract to be <br />free of defects in material and workmanship for a period of one year following the <br />date of recordation of the Notice of Completion by the City. Consultant shall <br />agree to make, at his own expense, any repairs or replacements made necessary <br />by defects in materials or workmanship which become evident within said <br />guarantee period. Consultant shall further agree to indemnify and hold harmless <br />City and Engineer, their officers, agents and employees against and from all <br />claims and liability arising from damage and injury due to said defects. <br /> <br />10.2 Consultant shall make all repairs and replacements within the time indicated on <br />the Maintenance Bond required below upon receipt of written order from the <br />Engineer. If Consultant fails to make the repairs and replacements within said <br />period of time, the City may do the work and the Consultant and his Surety shall <br />be liable to the City for the cost of the work. <br /> <br />10.3 The guarantee and conditions specified above shall be secured by a Guarantee <br />Surety Bond (or Maintenance Bond) (Exhibit D) which shall be delivered by the <br /> <br />Consulting Services Agreement between <br />City of San Leandro and Monument Arts, Inc. <br /> <br />1/9/06 <br />Page 9 of 24 <br />