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EXHIBIT B ADDITIONAL PROVISIONS

B.1

Incapacity or Death. If the Artist becomes unable to complete this Agreement due to

incapacitation or death, such incapacity or death will not be deemed a breach of this Agreement or a default on the part of the Artist. However, nothing in this section shall obligate the City to accept the

artwork proposal or resulting artwork.

B.1.1 Incapacity. In the event of the Artist’s incapacity, the City may elect to terminate this Agreement or the City shall assign the Artist’s obligations and the Scope of Services under this Agreement to another Artist or consultant for completion, which shall be in accord with the designs and/or specifications previously approved by the City, if any, provided that the original Artist or the Artist’s designee approves of the new Artist or consultant within a reasonable amount of time and the new Artist or consultant agrees in writing to comply with this Agreement. However, the artwork shall not be represented to be the completed artwork of the original Artist unless the City is otherwise directed by the original Artist or the Artist’s designee. The original Artist shall retain all the Artist’s rights under Exhibit B.

B.1.2 Death. In the event of the Artist’s death, this Agreement shall terminate effective the date of death. At the City’s request, the Artist’s executor shall deliver to the City the artwork proposal and/or the artwork in whatever form or degree of completion either may be at the time. If the artwork proposal and/or fabrication and installation of the artwork are incomplete at the date of the Artist’s death, the City shall assign the Artist’s obligations and the Scope of Services under this Agreement to another Artist or consultant for completion, which shall be in accord with the designs and/or specifications previously approved by the City, if any, provided that the original Artist’s executor approves of the new Artist or consultant within a reasonable amount of time and the new Artist or consultant agrees in writing to comply with this Agreement. However, the artwork shall not be represented to be the completed artwork of the original Artist unless the City is otherwise directed by the original Artist’s estate. The original Artist’s heirs shall retain all the Artist’s rights under Exhibit B. If the artwork is in unfinished stages of fabrication or installation at the time of the Artist’s death, the title to the artwork shall transfer to the City.

B.1.3

Waiver of Claims. The Artist agrees, for the Artist, the Artist’s heirs, executors,

administrators, successors, and assigns, and for all those claiming under or through the Artist, that the completion of the work by a new Artist as provided for herein shall not constitute a violation by the City of any rights held by the Artist under any California or Federal law. The Artist hereby waives any claims, known or unknown, against the City arising out of or related to the completion of the artwork.

B.1.4 Credit for Completed Artwork. However, the artwork shall not be represented to be the artwork of the original Artist unless the City is otherwise directed by the authorized representative of the Artist’s estate.

B.2

Artist’s Representations and Warranties. The Artist represents and warrants that:

The artwork is solely the result of the artistic effort of the Artist; except as otherwise disclosed in

writing to the City, the artwork is unique, original, shall be and shall remain an edition of one and does not infringe upon any copyright or the rights of any person; the artwork has not been accepted for sale elsewhere; the Artist has not sold, assigned, transferred, licensed, granted, encumbered or utilized the

artwork or any element thereof or any copyright related thereto which may affect or impair the rights

CCDC/City of San Diego Asian Pacific Historic District Gateway Public Art March 2010 Page 28 of 38

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