CSA Local Artists Berkeley 080120

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DocuSign Envelope ID: 46F09088-E5FE-4708-BOAF-F6D3FD9BAA2F 7.9.5 Credits. City agrees that unless Artwork Owners or Artists request to the contrary in writing, all references to the Artworks and all reproductions of the Artworks by City or Property Owner will credit the Artworks to Artists, LAB, and Artwork Owner in substantially the same form as set forth in the SOW, in connection with City's use of Marketing Materials and photographs of the Artwork. 7.10 Approval of Artwork. Consultant shall obtain the written approval of Property Owners and the City for each Artwork prior to its installation. 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, Consultant represents and warrants that Consultant 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. 7.11.1 Removal for Non -Emergency Purposes. If the Property Owner or the City requires 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, Consultant agrees to a 60 day notice period in which the Consultant shall inform Artwork Owner, Artist and City of its intended action affecting the Artwork. 7.11.2 Removal for Emergency Purposes. If the Property Owner or City 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 City shall provide notice to LAB as is reasonable under the emergency circumstances, and LAB shall notify Artwork Owner and Artist. Upon notice from LAB that Artwork Owner or Artist wishes to preserve the Artwork, City is hereby required to provide or 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, Consultant shall retain all rights and responsibilities to repair and maintain the Artwork. Consultant shall pay for and maintain the Artwork throughout the Loan Term. To the extent that Consultant contracts with subcontractors to repair and maintain the Artwork, Consultant shall be solely responsible and liable for the actions or omissions of its subcontractors when performing the repair or maintenance work and Consultant shall be solely responsible for any compensation, payments, or invoices payable to any subcontractors that repair or maintain the Artwork. City shall notify the Consultant 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 Consulting Services Agreement between August 1, 2020 City of San Leandro and Local Artists Berkeley Page 13 of 19