Acknowledging the City. The Artist shall use the Artist’s best efforts in any public
showing or on a résumé to give acknowledgment to the City in substantially the following credit line:
“An artwork commissioned by the City of San Diego for the Civic Art Collection.”
City Approval for Publicity. The Artist shall not, during the performance of the
Agreement, disseminate publicity or news releases regarding the Project, the Scope of Services or the
artwork without prior written approval of the City.
Intellectual Property Warranty and Indemnification. The Artist represents and
warrants that any materials or deliverables, including the artwork proposal and artwork, provided
under this contract are either original, not encumbered and do not infringe upon the copyright,
trademark, patent or other intellectual property rights of any third party, or are in the public domain. If the artwork proposal and artwork provided hereunder become the subject of a claim, suit or allegation of copyright, trademark or patent infringement, the City shall have the right, in its sole discretion, to require Artist to produce, at Artist’s own expense, new artwork proposal and artwork as a means of remedying any claim of infringement in addition to any other remedy available to the City under law or equity. Artist further agrees to indemnify and hold harmless the City, its officers, employees and agents from and against any and all claims, actions, costs, judgments or damages of any type alleging or threatening that any artwork proposals, materials, deliverables, supplies, equipment, services or artworks provided under this contract infringe the copyright, trademark, patent or other intellectual property or proprietary rights of any third party [Third Party Claims of Infringement]. If a Third Party Claim of Infringement is threatened or made before the Artist receives payment under this contract, the
City shall be entitled, upon written notice to the Artist, to withhold some or all of such payment.
B.8.1 Enforcement Costs. The Artist agrees to pay any and all costs the City incurs enforcing the indemnity and defense provisions set forth in this Agreement, including but not limited to, attorney’s fees.
City’s Right to Repair and Conserve. The City shall have the right to determine when
and if repairs and restorative conservation to the Artwork will be made. Subject to Sections B.11- B.14 of this Exhibit, it is the policy of the City to consult with the Artist regarding repairs and restorative conservation which are undertaken up to five years after final payment has been made on this Agreement when practicable. In the event that the City makes repairs or restorative conservation not approved by the Artist, the Artist shall have the right to disown the artwork as the Artist’s creation and
request that all credits be removed from the artwork and reproductions thereof.
B.9.1 Standards of Repair and Conservation. All repairs and restorative conservation, whether performed by the Artist, the City, or by third parties responsible to the Artist or the City, shall be made in accordance with professional conservation standards and in accordance with the maintenance manual provided to the City by the Artist pursuant to Exhibit A.
Sale or Donation of the Artwork by the City.
The City shall have the right to donate,
sell, transfer or exchange the artwork or elements of the artwork at any time. Before exercising this right, the City, by written notice to the Artist at the Artist’s last known address, agrees to give the Artist the opportunity to purchase the artwork for the greater of the fair market value as determined by a qualified appraiser or the amount of any offer that the City has received for the purchase of the artwork, plus all costs associated with the removal of the artwork from the site, clean-up of the site and
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