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<br />Art License Agreement between Casey Rickey and City of San Leandro Last Edited <br /> 06/28/2023 <br /> <br /> <br />4. WAIVER OF ARTIST’S RIGHTS UNDER APPLICABLE ARTIST’S <br />RIGHTS LAWS. <br /> Notwithstanding the above, Licensee understands that Licensor and <br />Licensor’s associate artists, contractors and subcontractors may possess certain rights <br />with respect to the Images licensed under this Agreement, as provided in the Visual <br />Artists Rights Act (17 U.S.C. §§106A and 113(d)), the California Art Preservation Act <br />(Cal. Civil Code §§987 et seq), and any other applicable state, federal or local laws that <br />exist now or in the future (“Artist’s Rights Laws”). Licensor hereby waives all common <br />law and statutory rights of publicity, moral rights, and any other rights that Licensor may <br />have with respect to the Images, including right to any royalties, right to control future <br />use of said Images, and copyright as it relates to Licensee’s use of the Images under this <br />Agreement. Licensor further acknowledges and agrees that Licensor shall receive no <br />compensation for Licensee’s use of the Images under this Agreement other than the fees <br />stated in Section 7. Licensee does not assume the legal obligations and potential liabilities <br />arising under the Artist’s Rights Laws, and as a condition of its payment for the Images, <br />Licensee requires that by the execution of this Agreement, Licensor and any subsequent <br />contractors and subcontractors waive their rights under the Artist’s Rights Laws. The <br />waivers provided herein shall survive termination of this Agreement. <br /> <br />5. RELATIONSHIP OF THE PARTIES <br /> The parties agree that Licensor is an independent contractor and that neither <br />Licensor nor Licensor’s employees or contract personnel are, or shall be deemed to be, <br />employees of Licensee. No agency, partnership, joint venture, or employee-employer <br />relationship is intended or created by this Agreement. Neither party is authorized to act as agent <br />or bind the other party except as expressly stated in this Agreement. Licensor and the Images or <br />any other deliverables prepared by Licensor shall not be deemed a work for hire as defined under <br />Copyright Law. All rights granted to Licensee are contractual in nature and are expressly defined <br />by this Agreement. <br /> <br />DocuSign Envelope ID: 8B50F6A2-2138-4044-8F71-63C390AEA426