Agmt 2016 Athen B Gallery CSA - Laserfiche WebLink

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Artwork, Contractor shall be solely responsible and liable for the actions or omissions of its associate artists, contractors and subcontractors when performing the repair or maintenance work and Contractor shall be solely responsible for any compensation, payments, or invoices payable to any contractors, subcontractors, or associate artists that repair or maintain the Artwork. City shall notify the Contractor at least 10 days in advance of any work to repair or maintain the Artwork when the Artwork has been defaced, severely damaged or is damaged to the extent that an immediate repair is necessary, otherwise notice shall be given to Contractor at least 30 days in advance of the work. 7.13 Survival of Certain Rights. If Property Owners sell the Artworks as a fixture to real property, and if the resale value of the Artwork is not itemized separately from the value of the real property, the parties agree that the resale price of the Artwork shall be presumed to be less than the purchase price paid by City under this Agreement. Thus, Property Owner has no obligation to pay resale royalties pursuant to California Civil Code §986 or any other law requiring the payment of resale royalties. If Property Owner sells the Artwork as an individual piece, separate from or itemized as part of a real property transaction, Property Owner shall pay to Artists a resale royalty to the extent required by law, based upon the sale price of the Artwork. Contractor shall include the provisions of this Section in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Contractor. Contractor may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation_ upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period. Consulting Services Agreement between September 12, 2016 City of San Leandro and Athen B Gallery Page 13 of 18