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Consulting Services Agreement between City of San Leandro and Last revised 02/23/2024 ABG Art Group for Mural Installation Services Page 10 of 18 7.6.1 Notice. Artists may, at Artists’ option, place a copyright notice on respective Artworks in the form and manner required to protect copyrights in the Artwork under United States copyright law. If the copyright is registered with the U.S. Copyright Office, Artists shall provide City with a copy of the application for registration, the registration number, and the effective date of registration. 7.6.2 Public Records Requests. Any documents provided by Artists or Contractor to City are public records and City may authorize third parties to review and reproduce such documents pursuant to applicable law. All drawings, designs, specifications, manuals, reports, studies, surveys, models, software (including source code), and any other documents, materials, data and products (“Work Products”) prepared or assembled by Artists or obtained from others by Artists in connection with the Services shall be the property of City; and copies shall be delivered to City promptly upon the completion of the Services or upon an earlier termination of this Agreement. Artists shall be responsible for the preservation of any and all Work Products prior to transmittal to City; and Artists shall replace any such Work Products lost, destroyed or damaged while in Artists’ possession without additional cost to City. 7.6.3 Third Party Infringement. City is not responsible for any third party infringement of the Artists’ copyrights and is not responsible for protecting the intellectual property rights of Artists. In the event of infringement of the Artworks by third parties, City and Artists shall consult with one another to determine a course of action, whether by City or by City and Artists jointly, to address such infringement. 7.6.4 Third Party Mutilations. Artists reserve all rights to prosecute third parties for violations by such third parties of Artists’ moral rights including without limitation CAPA and VARA, provided that Artists consult with City prior to pursuing such claims. 7.7 Edition of One and Artists’ Rights to Create Similar Works. Unless otherwise agreed to in writing by City, Artists warrant that the Artworks are editions of one, and that neither Artists nor Artists’ agents will execute or authorize another to execute another work of the exact same image(s) or design(s) comprising the Artworks. This warranty shall continue in effect for a period coextensive with the term of copyright protection for the Artworks under U.S. law, and shall be binding on Artists and Artists’ heirs and assigns. City recognizes and acknowledges that the Artworks may be one of several artworks created by Artist embodying unique artistic characteristics and expression comprising Artists’ personal and distinctive styles and agrees that, notwithstanding anything herein to the contrary and subject to the warranty provided herein, Artists shall have the nontransferable, perpetual right and license to create new artworks that may be considered “substantially similar” to or “derivative works” of the Artworks, as those terms are defined under the Copyright Act (17 U.S.C. §101 et seq.). 7.8 Waiver of Artist’s Rights under Applicable Artist’s Rights Laws. Notwithstanding the above, the City understands Artists, and Artists’ associate artists, contractors and subcontractors, may possess certain rights with respect to the Artworks created under this DocuSign Envelope ID: C4FB7214-592D-47C6-BD95-50E16B475E93