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• • of Artist,: is original, one of a kind, and does not, to Artist's knowledge, infringe upon any copyright. Artist and City agree that the Artist has produced ten (10) prints of this photographic Work and that Artist shall produce no more. Artist and City agree that Artist shall have the right to reproduce the Work for the sole purpose of creating small-sized greeting cards. Artist shall not duplicate this Work for any other project without written consent by City. Notwithstanding the foregoing representation and warranty, City hereby acknowledges that Artist has used in the past and may use in the future some of the same elements comprising the Work and the Artist reserves the right to use elements and portions of the Work in other works of art in different configurations. 4. Risk of Loss. During the lease period, City shall indemnify Artist up to the option to purchase price for any damage or loss to the Work. 5. Display of the Work. If City purchases the Work, the City may display the Work in any public location it chooses and the City may remove the Work from public display for any length of time and for any reason. If, however, City, in its sole discretion, determines that it wishes to remove permanently the Work from its collection, it shall make reasonable efforts to locate the Artist and offer to sell the Work to the Artist for no less than the purchase price. If the City is unable to locate the Artist, or if the Artist does not wish to repurchase the Work, City may dispose of the Work as it deems appropriate. 6. Maintenance. Artist shall provide City with complete information on appropriate care and maintenance of the Work, including specifications on any surface finishes and expected frequency of application and any other information pertinent to the proper care and maintenance of the Work. If City purchases the Work, City shall be responsible for the maintenance of the Work, and shall take all reasonable precautions to protect against damage or destruction. 7. Notice. All notices herein required shall be in writing, and shall be served on the parties as follows: To City at: City Manager's Office 123 Main Street Pleasanton, CA 94566 To Artist at: P.O. Box 2156 Alameda, CA 94501 Any of the above addresses may be changed by notice sent to the other party as herein provided. 2