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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 11 of 18 Agreement, as provided in the Visual Artists Rights Act (17 U.S.C. §§106A and 113(d)), the California Art Preservation Act (Cal. Civil Code §§987 et seq), and any other applicable state, federal or local laws that exist now or in the future (“Artist’s Rights Laws”). The City does not assume the legal obligations and potential liabilities arising under the Artist’s Rights Laws, and as a condition of its payment for the Artworks, the City requires that by the execution of this Agreement, Artists and any subsequent contractors and subcontractors waive their rights under the Artist’s Rights Laws. The waivers provided herein shall survive termination of this Agreement. 7.9 Ownership of Artworks. Upon delivery of Artworks, City shall own the Artworks and shall grant to Artists the royalty-free right and license to publicly display any reproductions or depictions of the Artworks, or use the Artworks and any reproductions or depictions thereof in any legally permissible way. 7.9.1 Reproductions of Artworks. Contractor, City and Property Owners shall each have the non-exclusive, perpetual, and royalty-free right to make reproductions of the Artworks in whole or in part, and to distribute and publicly display such reproductions in print, via the Internet, or through any other means now existing or hereinafter invented, solely for the purpose of promoting their respective organizations, and to use the Artist’s name and biographical information in connection with all such uses. 7.9.2 Commercial Use. Neither party shall reproduce or distribute copies of the Artworks for sale without the prior written consent of the other parties, which shall not be unreasonably withheld. 7.9.3 Recording of Easement. It is understood by the Parties that neither the City, Artist, nor Contractor shall record or require the recording of any instrument granting any ownership interest or easement right whatsoever upon the Property Owner or his/her real property. 7.9.4 Credits. City agrees that unless Artists request to the contrary in writing, all references to the Artworks and all reproductions of the Artworks will credit the Artworks to Artists. Artists agree that all formal references to the Artworks made or authorized to be made by Artists shall include the following credit: “Collection of the City o f San Leandro” or other language agreed upon by all Parties. 7.10 Approval of Artwork. Contractor shall obtain the approval of Property Owners and the City for each Artwork prior to its installation. Property Owner and the 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, Contractor represents and warrants that it is either the owner of the Artwork or 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 a ny defamatory, libelous, or other unlawful matter. DocuSign Envelope ID: C4FB7214-592D-47C6-BD95-50E16B475E93