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3.1 This Agreement shall become effective on the date that it is approved by both parties, set forth on the ﬁrst page of the Agreement, and shall continue in effect until both parties have fully performed their respective obligations under this Agreement, unless sooner terminated as provided herein. 3.2 The Artwork shall be fully completed by Artist and ready for installation according to the Schedule of Performance outlined in Exhibit D, unless delays are caused by Client, or by events reasonably beyond the control of both parties, at which time completion may be amended. Any such amendment must be agreed to in writing by both parties. Should any delay occur between the time the Artwork is delivered to the Client and installation, Client shall be responsible for storing the Artwork in a secure location at the Delucchi Park. 3.3 The Artist will be responsible for the cost of permanent installation of the Artwork at the Delucchi Park. 3.4 Artist will perform permanent installation of the Artwork at Delucchi Park. 3.5 Client has engaged and paid for services within this agreement to complete the structural footings required for the Project; those costs have been deducted from the Artist’s “ﬁrm ﬁxed price” as illustrated in EXHIBIT C. Artist has provided stamped structural engineering documents showing the attachment of the Artwork to the footings required for permanent installation, City of Pleasanton approvals and site installation of the Artwork footings. Client will be responsible for and pay for additional services related to these items, if any, that may be required for the installation of the Artwork. 3.6 Contingency of Installation on City owned property and Donation of Artwork to City of Pleasanton, who will be responsible for and pay for approvals from the City of Pleasanton for the installation of the Project. Notice of City approval shall be provided to the Artist 30 days prior to the scheduled installation date. If City of Pleasanton initiates a donation and transfer of title agreement to the Artwork, City of Pleasanton agrees to provide to Artist written evidence of its intent to transfer the title of the Artwork from City of Pleasanton within thirty (30) days of the execution of such agreement between City of Pleasanton. In the event that such an agreement is made between City of Pleasanton and the transferee, City of Pleasanton must fulﬁll and complete its obligations under this agreement with the Artist. Each Party to this Agreement shall cooperate fully in the execution of any and all other documents and in any additional acts that may be necessary or appropriate to give full force and effect to the terms and intent of this Agreement. In the event that City of Pleasanton approvals are withheld and/or, City of Pleasanton and the transferee enter into and are unable to fulﬁll a donation (Gifting) agreement within the completion date in this agreement, the Artist and City of Pleasanton may amend, or sever the Artists scope of services relating to the Artwork Installation as outlined in EXHIBIT A and EXHIBIT B. Such amendment to this Agreement will be mutually agreed upon and executed in writing and signed by both Parties. 4. DESIGN AND CONSTRUCTION FEE. 4.1 Client will compensate Artist for the Project in accordance with this Agreement in the amount of Eighty-Five Thousand and 00/100 U.S. Dollars ($85,000.00 USD), as further described in Artist’s Estimate, and attached hereto as Exhibit C (“Design, Fabrication & Installation Fee”). Except as otherwise set forth herein, the Design, Fabrication & Installation Fee includes all design, materials, fabrication, delivery and management of permanent installation of the Artwork. 4.2 If a signiﬁcant increase in the cost of installation and raw materials transpires prior to the purchase and fabrication of the Project, and a revised budget becomes necessary, it will be submitted by the Artist for review by the Client as soon as that determination is made. ARTWORK COMMISSIONING AGREEMENT page 2 Docusign Envelope ID: 1E0CB645-5270-47AA-87EB-8D8E57759177Docusign Envelope ID: 04C40C7C-1D5C-40F8-AB54-E2C7D9B79ACC