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representative of each element of the artwork in its context. The parties agree that the digital images will be placed on file with the Commission.

A.17

Transfer of Title.

As soon as possible following the completion of the artwork

installation, the Artist shall provide the City with a transfer of title document in substantially the form

attached hereto as Exhibit F.

A.18

Notice of Artwork Acceptance. Upon the City’s receipt and approval of the notice of

installation completion, the maintenance manual, the documentation and the transfer of title, the City

will issue the Artist a notice of artwork acceptance. Following acceptance of the artwork, the City will

provide and install signage on or near the artwork with a credit to the Artist.

A.19

Risk of Loss. Until the Artist receives an artwork acceptance notice from the City, any

theft of, damage or vandalism to, or acts of God or nature affecting the artwork are the Artist’s responsibility, including, but not limited to, any loss occurring during the fabrication, storage,

transportation, delivery or installation of the artwork.

Notwithstanding the foregoing, the Artist is not

responsible for any damage to the artwork arising from the sole negligence or willful misconduct of the

City, its agents, employees, representatives, and contractors.

A.20 Errors and Omissions. The City's acceptance of the artwork shall not release the Artist of the responsibility for the correction of errors or omissions the Approved Artwork Proposal, the Construction Documents or the artwork may contain, including any errors or omissions which arise from the Artist’s errors or omissions, or the errors and omissions of the Artist’s employees, agents, representatives or sub-consultants regardless of whether these errors or omissions were the result of circumstances unforeseen at the time these deliverables were developed or approved.

CCDC/City of San Diego Asian Pacific Historic District Gateway Public Art March 2010 Page 27 of 38

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