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project completion on a date to be mutually determined by the Artist and City staff. In no event shall Artist begin work on any Milestone or Phase without first receiving a written Notice to Proceed from City. Artist Warranties. Restoration of Work Site. Artist agrees and warrants that, within 30 days after the Work is accepted by the City, Artist shall restore the Work site (including the entire area affected by the fabrication and installation of the Work) to a state and condition that is substantially similar to that which existed when the Work was begun. Artist further agrees and warrants that, within the period specified herein, Artist shall repair or replace, as is determined necessary by the City, and to the reasonable satisfaction of the City, all property (real, personal or otherwise), which has been damaged, injured or otherwise adversely affected by the acts or omissions of Artist, Artist's agents, contractors, or employees. Artist shall be solely responsible for all expenses and costs which may be necessary to comply with the requirements of this paragraph, and the City shall have no responsibility or liability therefore. Originality of Work. Artist warrants that the Work is original and is solely the product of Artist's own creative efforts and does not infringe the rights, including copyrights, of any person or entity. Artist also warrants that, unless otherwise stipulated in writing, the Work is original, that it is an edition of one (1 ), and that Artist shall not sell, license, perform or reproduce a substantially similar copy of the Work without the prior written consent of City. However, nothing contained herein shall prevent the Artist from creating future works in his style and manner of working. Copyright. Artist owns the copyright. Artist expressly reserves every right available to Artist at common law or under the Federal Copyright Act to control the making and dissemination of copies or reproductions of the Work. Artist authorizes the City and its assigns to make photographs, drawings, and other two- dimensional reproductions of the Work without prior consent of Artist if used solely for non-commercial purposes, advertising, descriptive brochures, and similar purposes. Work Free from Defects. Artist shall warrant and maintain the Work free from all faults or defects related to material or workmanship for a period of one year after the Work is accepted by the City. Transfer of Title to Work. Title to the Work shall remain with the Artist until the City has accepted the Work as completed and it is installed to the satisfaction of the City. When the City has so certified, title shall transfer to the City. Artist shall bear all risk of loss of the Work until title has been transferred to the City, and the City agrees to inspect Work and accept Work within thirty (30) days of Artist's notification of completion, unless the provisions of identified in Acceptance of Work below apply. Artist shall not be liable for any damage not caused by the artist or subcontractors in between time of completed installation and acceptance of the art work by the City. Performance Made Impossible. In the event it shall become impossible for Artist to complete the Work because of illness or injury, this Agreement may be terminated at the sole discretion of the City, and, in such event, all completed work, materials, and supplies related to the Work shall be delivered to the City and shall, along with the Proposal, become the City's sole property. The Artist will be compensated for all Work completed prior to becoming ill or injured. The City shall thereafter have no obligation to make any Non-Professional Services Agreement between City of San Leandro and Artist Mildred Howard Exhibit A 07/16/2019 Page 4 of 6