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<br />necessary to protect the Artwork from loss or damage. CITY shall bear the risk of loss or <br />damage to the Artwork prior to final acceptance only if, during such time, the partially or <br />wholly completed Artwork is in the custody, control or supervision of CITY or its <br />agent(s). <br /> <br />9. Artist's Representations and Warranties. <br /> <br />(A) Warranties of Title. ARTIST represents and warrants that: <br />a) the Artwork is solely the result of the artistic effort of ARTIST; <br />b) except as otherwise disclosed in writing to CITY, the Artwork is unique and <br />original and does not infringe upon any copyright or the rights of any person; <br />c) the Artwork (or duplicate thereof) has not been accepted for sale elsewhere; <br />d) ARTIST has not sold, assigned, transferred, licensed, granted, encumbered <br />or utilized the Artwork or any element thereof or any copyright related <br />thereto which may affect or impair the rights granted pursuant to this <br />Agreement; <br />e) the Artwork is free and clear of any liens from any source whatsoever; <br />f) all Artwork created or performed by ARTIST under this Agreement, <br />whether created by ARTIST alone or in collaboration with others, shall be <br />wholly original with ARTIST and shall not infringe upon or violate the <br />rights of any third party; <br />g) ARTIST has the full power to enter into and perform this Agreement and to <br />make the grant of rights contained in this Agreement; <br />h) all services performed hereunder shall be performed in accordance with all <br />applicable laws, regulations, ordinances, etc. and with all necessary care, <br />skill and diligence; <br />i) These representations and warranties shall survive the termination or other <br />extinction of this Agreement. <br /> <br />(8) Warranties of Quality and Condition. <br /> <br />a) ARTIST represents and warrants that all work will be performed in <br />accordance with professional "workmanlike" standards and free from <br />defective or inferior materials and workmanship (including any defects <br />consisting of "inherent vice," or qualities that cause or accelerate <br />deterioration of the Artwork) for one year after the date of final acceptance <br />by the CITY. <br />b) ARTIST represents and warrants that the Artwork and the materials used are <br />not currently known to be harmful to public health and safety. <br />c) ARTIST represents and warrants that reasonable maintenance of the <br />Artwork will not require procedures substantially in excess of those <br />described in the Maintenance & Preservation Plan submitted by ARTIST. If <br />within one year CITY observes any breach of warranty that is curable by <br />ARTIST, ARTIST shall, at the request of CITY, cure the breach promptly, <br /> <br />4 <br />