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City's Right to Terminate for Default. If the Artist fails to satisfactorily perform any

obligation required by this Agreement, the Artist's failure constitutes a default. A default includes the Artist's failure to adhere to the Schedule of Work given in Exhibit D. If the Artist fails to satisfactorily cure a default within ten calendar days of receiving written notice from the City specifying the nature of the default, the City may immediately cancel and/or terminate this Agreement, and terminate each and every right of the Artist, and any person claiming any rights by or through the Artist under this Agreement. The rights and remedies of the City enumerated in this section are cumulative and shall not limit, waive, or deny any of the City's rights under any other provision of this Agreement. Nor does this section otherwise waive or deny any right or remedy, at law or in equity, existing as of the date of

this Agreement or hereinafter enacted or established, that may be available to the City against the Artist.



Amount of Compensation. The City shall pay the Artist for performance of the Scope

of Services rendered in accordance with Exhibit A, including reasonably related expenses for a total not to exceed $( TOTAL AMOUNT ALLOCATED FOR PERFORMANCE OF SCOPE OF SERVICES).


Additional Services. The City may require that the Artist perform additional services

beyond those described in the Scope of Services [Additional Services]. Prior to the Artist's performance of Additional Services, the City and the Artist must agree in writing upon a fee for the Additional Services, including reasonably related expenses.

3.3 in Exhibit C.

Manner of Payment. The City shall pay the Artist according to the schedule outlined For the duration of this Agreement, the Artist shall not be entitled to fees, including fees

for expenses, that exceed the amounts specified in 3.1. The Artist shall submit invoices in accordance with Exhibit C which shall include a description of completed services. The City will pay undisputed

portions of the invoice within 30 calendar days of receipt.



Industry Standards. The Artist agrees that the services rendered under this Agreement

shall be performed in accordance with any standards, if such standards exist, customarily adhered to by an experienced and competent professional Artist using the degree of care and skill ordinarily exercised by reputable professionals practicing in the same field of service in the State of California. Where approval by the City Council, Mayor, or other representatives of the City is required, it is understood to be general approval only and does not relieve the Artist of responsibility for complying

with all applicable laws, codes, and good consulting practices.


Maintenance of Records. The Artist shall maintain books, records, logs, documents

and other evidence sufficient to record all actions taken with respect to the rendering of the Scope of Services, throughout the performance of the Scope of Services and for a period of 10 years following completion of the Professional Services for the Project. The Artist further agrees to allow the City to

reasonably inspect, copy, and audit such books, records, documents and other evidence.

CCDC/City of San Diego Asian Pacific Historic District Gateway Public Art March 2010 Page 13 of 38

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