CSA Local Artists Berkeley (LAB) 12012021

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Consulting Services Agreement between August 1, 2020 City of San Leandro and Local Artists Berkeley Page 14 of 19 necessary, otherwise notice shall be given to Consultant 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. Consultant 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 Consultant. Consultant 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 by Consultant, Consultant shall be entitled to compensation for Services performed to the effective date of termination. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.6. Any such extension shall require a written amendment to this Agreement, as provided for herein. 8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for enterin g into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the sub contractors noted in the applicable SOW, without prior written approval of the Contract Administrator. DocuSign Envelope ID: 46F09088-E5FE-4708-B0AF-F6D3FD9BAA2FDocuSign Envelope ID: FAB9A06B-1D2A-4FEB-8806-68F6F2273B2F