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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 12 of 18 7.11 Destruction, Distortion, Mutilation or other Modification of the Artwork. The Artwork is installed with an anticipated lifespan of 5 years. 7.11.1 Removal for Non-Emergency Purposes. If the Property Owner or the Contractor require that the Artwork must be removed for any non-emergency purposes whatsoever, purposes that may include but shall not be limited to planned building maintenance, repair or improvement, legally necessary alterations or improvements and the work to remove the Artwork cannot commence without the destruction, distortion, mutilation, or other modification of the Artwork, Contractor agrees to a 60 day notice period in which the Contractor shall inform Artist and City of its intended action affecting the Artwork. If such action is scheduled to occur prior to the expected 5 year lifespan of the Artwork, Contractor will be charged an amortized amount based upon the cost of the Artwork as outlined in the Scope of Services, and the time remaining in said lifespan. 7.11.2 Removal for Emergency Purposes. If the Property Owner must take immediate action that will affect the Artwork because of an emergency situation, which is specifically limited to preventing imminent bodily harm or to protect property from damage, the Contractor shall provide notice to the City and the Artist reasonable under the emergency circumstances. Upon notice from the Artist that either or both parties wish to preserve the Artwork, Contractor is hereby required to obtain for the Artist from the Property Owner a reasonable period of time under the emergency circumstances to take whatever action is necessary to preserve the Artwork. 7.12 Repair and Maintenance of the Artwork. In accordance with applicable law and this Agreement, Contractor shall retain all rights and responsibility to repair and maintain the Artwork. Contractor shall pay for and maintain the Artwork throughout its useful life of 5 years. To the extent that Contractor contracts with Artist to repa ir and maintain the Artwork, Contractor shall be solely responsible and liable for the actions or omissions of its associate artists, contractors and subcontractors when performing the repair or maintenance work and Contractor shall be solely responsible for any compensation, payments, or invoices payable to any contractors, subcontractors, or associate artists that repair or maintain the Artwork. City shall notify the Contractor at least 10 days in advance of any work to repair or maintain the Artwork when the Artwork has been defaced, severely damaged or is damaged to the extent that an immediate repair is necessary, otherwise notice shall be given to Contractor 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. DocuSign Envelope ID: C4FB7214-592D-47C6-BD95-50E16B475E93