MORRISON, DEEDEE DBA SEEDS PODS - Laserfiche WebLink

r'O, ,v` Artist shall complete and file with City a Certificate of Insurance and endorsement prior to City's execution of this Agreement, and prior to engaging in any operation or activity set forth in this Agreement. The Certificate of Insurance shall provide in writing that the insurance afforded by this Certificate shall not be suspended,voided, cancelled,reduced in coverage or in limits without providing thirty (30) days prior written notice by certified mail, return receipt requested,to the City. In addition,Artist shall provide thirty (30)days prior written notice to the City of any suspension, cancellation,reduction of coverage or in limits, or voiding of the insurance coverage required by this Agreement. 7. RIGHTS OF THE PARTIES. A. Artist retains all statutory and common law authorship rights pursuant to the United States Copyright Act(17 U.S.C.A.),relevant California intellectual property and civil laws, and all other rights in and to the Work, except ownership and possession which shall be transferred to City upon City's written acceptance of the Work and except as such rights are limited by this paragraph. Upon acceptance of the Work by City,Artist grants to City and its assignees an irrevocable right and license to make two-dimensional reproductions of the Work for non-commercial purposes including,but not limited to: (i)use in advertising, brochures, media publicity and catalogs or other similar publications; (ii)use in promotional materials; and(iii) reproductions for use in non-profit, City fundraising activities. B. The City shall use its best efforts to give a credit to the Artist in any publication focusing on the Work. Artist shall use Artist's best efforts to give a credit reading substantially "an original work by Dee Dee Morrison, commissioned by the City of Pleasanton,"in any publication or public showing under Artist's control of any reproductions of the Work. C. The City shall not damage, alter,modify, change or substantially relocate the Work without first conferring with the Artist and obtaining the Artist's reasonable approval to the proposed modification, change, or relocation. If the Artist refuses to provide (or the City fails for any reason to otherwise obtain) approval,then the City, in its sole discretion, shall have the right to remove the Work in accordance with standard Civic Art Program Guidelines. If the City initiates any change provided above without Artist's approval,Artist has the right, at City's expenses,to have Artist's name removed from the Work as well as any identification of or reference to Artist installed on the Site or any other site where the Work is located. D. Should the City decide to sell the Work,Artist will have the first right of refusal to repurchase the Work upon the same terms as offered to others. E. If, for any reason, City intends to destroy the Work, City shall give written notice to Artist of said intention and shall give Artist ninety (90) days, or such additional time as the parties may agree upon in writing,to recover the Work, at Artist's sole cost. Within thirty (30) Page 4 of 7