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delivery to the Artist. The Artist shall have 30 days from the date of the City’s notice to exercise the option to purchase the artwork.

B.11

Alterations, Modification or Removal of Artwork.

The City has the right to move,

remove or otherwise alter or modify the artwork or elements of the artwork at any time, except that the City will not move, remove, or otherwise alter or modify the artwork solely for aesthetic reasons or solely in response to changes in public taste. The Artist and the City acknowledge that the Artist may have certain rights under the federal Visual Artists Rights Act of 1990 [VARA]. The Artist acknowledges and understands that the installation of the artwork may subject the artwork to destruction, distortion, mutilation, or other modification due to the acts of third parties or to its removal, repair, conservation, maintenance, storage, or transfer of ownership by the City, or its elected

officials, officers, employees, agents, or representatives. If the artwork can be removed without causing the artwork destruction, distortion, mutilation, or other modification, then the City agrees to give the Artist 90 days’ notice of its intended action affecting the artwork except in cases where a threat to public safety requires immediate removal.

B.11.1 Limited VARA Waiver. In consideration of the mutual covenants and conditions in this Agreement, and except as otherwise provided for in this Agreement, the Artist agrees to waive any right that the Artist may have under VARA to prevent the removal of the artwork, or the destruction, distortion, mutilation, or other modification of the artwork which arises from, is connected with, or is caused or claimed to be caused by the removal, repair, conservation, maintenance, storage, or transfer of ownership of the artwork by the City or its elected officials, officers, employees, agents, or representatives, or by the presence of the artwork at the site.

B.12

California Civil Code Section 987 Waiver.

The Artist and the City acknowledge that

the Artist may have certain rights under California Civil Code Section 987 which are not preempted by VARA. In consideration of the mutual covenants and conditions in this Agreement, the Artist waives any rights which the Artist or the Artist’s heirs, beneficiaries, devisees, or personal representatives may

have under California Civil Code Section 987 to prevent the removal, defacement, mutilation, alteration, or destruction of the artwork.

B.13

Rights of Artist’s Heirs, Successors and Assigns. The Artist’s VARA rights under

this Agreement shall cease with the Artist’s death and do not extend to the Artist’s heirs, successors or

assigns.

B.14

Conflict. This clause is intended to replace and substitute for the rights of the Artist

under VARA and the California Civil Code Section 987 to the extent that any portion of this Agreement is in direct conflict with those rights. The parties acknowledge that this Agreement supersedes those laws to the extent that this Agreement is in direct conflict therewith.

B.15

Sub-consultants: Ownership of Documents.

The Artist shall require each sub-

consultant to agree that all original designs, plans, specifications, reports, documentation, and other

informational materials, whether written or readable by machine, originated or prepared exclusively for

the City pursuant to this Agreement shall become the joint property of the City, the Artist and the sub-

consultant.

The Artist or sub-consultant shall deliver such documents to the City whenever reasonably

requested to do so by the City. This language shall be in contracts between the Artist and any sub- consultants.

CCDC/City of San Diego Asian Pacific Historic District Gateway Public Art March 2010 Page 32 of 38

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