CSA Local Artists Berkeley 080120

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DocuSign Envelope ID: 46F09088-E5FE-4708-BOAF-F6D3FD9BAA2F does not assume the legal obligations and potential liabilities arising under the Artist's Rights Laws, and as a condition of its payment for loan of the Artworks, the City requires that Artists waive their rights under the Artist's Rights Laws. The waivers provided herein shall survive termination of this Agreement. LAB shall procure waivers from each Artist of Artists Rights Laws with respect to display of the Artwork pursuant to this Agreement as to City and Property Owner. Artists retain all rights under Artists Rights Laws with respect to violations thereof by third parties. 7.9 Ownership of Artworks. This Agreement does not affect ownership of the Artwork or copyright in the Artwork. Other than the license provided herein, City and Property Owner obtain no title or intellectual property rights, including copyright, in or to the Artwork except by separate purchase thereof. 7.9.1 Reproductions of Artworks. LAB shall undertake appropriate efforts at LAB's discretion to publicize display of the Artwork on City's or Property Owner's location during the Loan Term. LAB shall provide to City high resolution photo documentation of the Artwork as installed on City's property, and a photograph and biographical information of the Artist (collectively, "Marketing Materials"). Consultant City and Property Owners shall each have the non-exclusive, perpetual, and royalty -free right to make reproductions of the Marketing Materials and the Artworks in whole or in part, and to distribute and publicly display such reproductions in print, via the Internet, or through any other means now existing or hereinafter invented, solely for the purpose of promoting their respective organizations, and to use the Artist's name and biographical information in connection with all such uses. 7.9.2 Commercial Use. Neither City nor Property Owner shall reproduce or distribute copies of the Artworks for sale. 7.9.3. Purchase Option. City or Property Owner shall have the option to purchase the Artwork for the Purchase Price set forth in the SOW prior to Removal of the Artwork. LAB shall broker the sale. City or Property Owner shall pay the full Purchase Price to LAB, and LAB shall compensate the Artwork Owner out of such funds. City acknowledges that the Purchase Price is a preferred customer discounted price in consideration of the loan of the Artwork, and the Purchase Price is based on the assumption that the Artwork will be purchased during or at completion of the Loan Term and thus will eliminate the need for removal of the Artwork at LAB's expense. If City or Property Owner wishes to purchase the Artwork after its removal, City and Property Owner acknowledge that the purchase price may be greater, and additional fees may be charged to deliver the Artwork to City or Property Owner. 7.9.4 Recording of Easement. It is understood by the Parties that neither the City, Artist, nor Consultant shall record or require the recording of any instrument granting any ownership interest or easement right whatsoever upon the Property Owner or his/her real property. Consulting Services Agreement between August 1, 2020 City of San Leandro and Local Artists Berkeley Page 12 of 19