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7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the
<br />basis of a person's race, religion, color, national origin, age, physical or mental handicap or
<br />disability, medical condition, marital status, sex, or sexual orientation, against any
<br />employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
<br />in, recipient of, or applicant for any services or programs provided by Contractor under this
<br />Agreement. Contractor shall comply with all applicable federal, state, and local laws,
<br />policies„rules, and requirements related to equal opportunity and nondiscrimination in
<br />employment, contracting, and the provision of any services that are the subject of this
<br />Agreement, including but not limited to the satisfaction of any positive obligations required
<br />of Contractor thereby.
<br />7.6 Copyright. Except as provided in this Agreement, Artists retain all copyrights and other
<br />intellectual property interests in respective Artworks and in the design, drawings, sketches,
<br />prototypes and other materials for the Artworks. Artists' copyright shall not extend to
<br />predominantly functional aspects of the building or site that may be incorporated into
<br />—Artworks, ich are mthe areas of the Artworks, such as flooring, walls and other
<br />fixtures and features of the sites, furnishings, or other similar objects located at the site.
<br />7.6.1 Notice. Artists may, at Artists' option, place a copyright notice on respective Artworks
<br />in the form and manner required to protect copyrights in the Artwork under United States
<br />copyright law. If the copyright is registered with the U.S. Copyright Office, Artists shall
<br />provide City with a copy of the application for registration, the registration number, and the
<br />effective date of registration.
<br />7.6.2 Public Records Requests. Any documents provided by Artists or Contractor to City
<br />are public records and City may authorize third parties to review and reproduce such
<br />documents pursuant to applicable law. All drawings, designs, specifications, manuals,
<br />reports, studies, surveys, models, software (including source code), and any other
<br />documents, materials, data and products ("Work Products") prepared or assembled by
<br />Artists or obtained from others by Artists in connection with the Services shall be the
<br />property of City; and copies shall be delivered to City promptly upon the completion of the
<br />Services or upon an earlier termination of this Agreement. Artists shall be responsible for
<br />the preservation of any and all Work Products prior to transmittal to City; and Artists shall
<br />replace any such Work Products lost, destroyed or damaged while in Artists' possession
<br />without additional cost to City.
<br />7.6.3 Third Party Infringement. City is not responsible for any third party infringement of
<br />the Artists' copyrights and is not responsible for protecting the intellectual property rights of
<br />Artists. In the event of infringement of the Artworks by third parties, City and Artists shall
<br />consult with one another to determine a course of action, whether by City or by City and
<br />Artists jointly, to address such infringement.
<br />7.6.4 Third Party Mutilations. Artists reserve all rights to prosecute third parties for
<br />violations by such third parties of Artists' moral rights including without limitation CAPA and
<br />VADA, provided that Artists consult with City prior to pursuing such claims.
<br />Consulting Services Agreement between September 12, 2016
<br />City of San Leandro and Athen B Gallery Page 10 of 18
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