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<br />satisfactorily and consistent with profcssional conservation standards, at no <br />expense to CITY. The CITY shall give notice to ARTIST of such breach <br />with reasonable promptness. <br />d) If aftcr onc year CITY observes any breach of warranty that is curable by <br />ARTIST, the CITY shall contact ARTIST to make or supervise rcpairs or <br />restorations at a reasonable fee during ARTIST's lifetime. ARTIST shall <br />have the right of first refusal to make or supervise repairs or rcstorations. <br />Should ARTIST be unavailable or unwilling to accept reasonable <br />compensation under the industry standard, CITY may seek the services of a <br />qualified restorative conservator and maintenance expert. <br />e) If within one year CITY observes a breach of warranty that is not curable by <br />ARTIST, ARTIST is responsible for reimbursing CITY for damages, <br />expenses and loss incurred by the CITY as a result of the breach. However, <br />if ARTIST disclosed the risk of this breach in the Design Proposal and <br />CITY accepted that it may occur, it shall not be deemed a breach. <br />f) Acceptable Standard afDisplay. ARTIST represents and warrants that: <br />I. General routine cleaning and repair of the Artwork and any associated <br />working parts and/or equipment will maintain the Artwork within an <br />acceptable standard of public display. <br />II. Foreseeable exposure to the elements and general wear and tear will <br />cause the Artwork to experience only minor repairable damages and <br />will not cause the Artwork to fall below an acceptable standard of <br />public display. <br />III. With general routine cleaning and repair, and within the context of <br />foreseeable exposure to the elements and general wear and tear, the <br />Artwork will not experience irreparable conditions that do not fall <br />within an acceptable standard of public display, including mold, rust, <br />fracturing, staining, chipping, tearing, abrading and peeling. <br />IV. Manufacturer's Warranties. To the extent the Artwork incorporates <br />products covered by a manufacturer's warranty, ARTIST shall provide <br />copies of such warranties to CITY. <br /> <br />The foregoing warranties are conditional, and shall be voided by the failure of <br />CITY to rnaintain the Artwork in accordance with ART1ST's specifications and <br />the applicable conservation standards. If CITY fails to maintain the Artwork in <br />good condition, ARTIST, in addition to other rights or remedies ARTIST may <br />have in equity or at law, shall have the right to disown the Artwork as ARTIST's <br />creation and request that all credits be removed from the Artwork and <br />reproductions thereof until the Artwork's condition is satisfactorily repaired. <br /> <br />ARTIST acknowledges that until final acceptance of the Artwork by CITY, any injury to <br />property or persons caused by the ARTIST's Artwork or any damage to, theft of, <br />vandalism to, or acts of God affecting the ARTIST's Artwork are the sole responsibility <br /> <br />5 <br />