Agmt 2016 Athen B Gallery CSA - Laserfiche WebLink

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ownership interest or easement right whatsoever upon the Property Owner or his/her real property. 7.9.4 Credits. City agrees that unless Artists request to the contrary in writing, all references to the Artworks and all reproductions of the Artworks will credit the Artworks to Artists. Artists agree that all formal references to the Artworks made or authorized to be made by Artists shall include the following credit: "Collection of the City of San Leandro" or other language agreed upon by all Parties. 7.10 Approval of Artwork. Contractor shall obtain the approval of Property Owners and the City for each Artwork prior to its installation. Property Owner and the City will not unreasonably withhold approval of Artwork and will use reasonable efforts to respond to requests in a timely manner. With respect to Artwork that is requested to be installed, Contractor represents and warrants that it is either the owner of the Artwork or possesses the rights to install and display the Artwork and the Artwork (and the public display thereof) will not infringe upon or misappropriate any copyright, trademark, right of publicity or privacy, or any other right of a third party, and does and will not contain any defamatory, libelous, or other unlawful matter. 7.11 Destruction, Distortion, Mutilation or other Modification of the Artwork. The Artwork is installed with an anticipated lifespan of 5 years. 7.11.1 Removal for Non -Emergency Purposes. If the Property Owner or the Contractor require that the Artwork must be removed for any non -emergency purposes whatsoever, purposes that may include but shall not be limited to planned building maintenance, repair or improvement, legally necessary alterations or improvements and the work to remove the Artwork cannot commence without the destruction, distortion, mutilation, or other modification of the Artwork, Contractor agrees to a 60 day notice period in which the Contractor shall inform Artist and City of its intended action affecting the Artwork. If such action is scheduled to occur prior to the expected 5 year lifespan of the Artwork, Contractor will be charged an amortized amount based upon the cost of the Artwork as outlined in the Scope of Services, and the time remaining in said lifespan. 7.11.2 Removal for Emergency Purposes. If the Property Owner must take immediate action that will affect the Artwork because of an emergency situation, which is specifically limited to preventing imminent bodily harm or to protect property from damage, the Contractor shall provide notice to the City and the Artist reasonable under the emergency circumstances. Upon notice from the Artist that either or both parties wish to preserve the Artwork, Contractor is hereby required to obtain for the Artist from the Property Owner a reasonable period of time under the emergency circumstances to take whatever action is necessary to preserve the Artwork. 7.12 Repair and Maintenance of the Artwork. In accordance with applicable law and this Agreement, Contractor shall retain all rights and responsibility to repair and maintain the Artwork. Contractor shall pay for and maintain the Artwork throughout its useful life of 5 years. To the extent that Contractor contracts with Artist to repair and maintain the Consulting Services Agreement between September 12, 2016 City of San Leandro and Athen B Gallery Page 12 of 18