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<br />(A) ARTIST waives all rights undcr state and fcdcrallaws including S 106A of the <br />Copyright Act of 1976. <br />(8) CITY agrecs that it will not intcntionally alter, modify, change, destroy or damage <br />the Artwork without first obtaining permission from ARTIST. <br />(C) Ifany alteration or damage to the Artwork occurs, ARTIST shall have the right to <br />disclaim authorship of the Artwork in addition to any remedies ARTIST may have <br />in law or equity under this contract. Upon written request, CITY shall remove the <br />identification plaque and all attributive references to ARTIST at its own expense <br />within 60 days of receipt of the notice. No provision of this Agreement shall <br />obligate CITY to alter or remove any such attributive reference printed or <br />published prior to CITY's receipt of such notice. ARTIST may take such other <br />action as ARTIST may choose in order to disavow the Artwork. <br /> <br />12. Alterations of Site or RemOl'al of Artwork. <br /> <br />(A) CITY shall notify ARTIST of any proposed significant alteration of the Site that <br />would affect the intended character and appearance of the Artwork. CITY <br />reserves the right to make repairs to the Artwork if the ARTIST will not or cannot <br />make repairs. CITY shall make a good faith effort to consult with ARTIST in the <br />planning and execution of any such alteration. CITY reserves the right to make <br />repairs with notice, to make emergency repairs without advance notice, and right <br />the to destroy the work if need be. CITY shall make a reasonable effort to <br />maintain the integrity of the Artwork. <br /> <br />(B) CITY agrees not to arbitrarily remove or relocate the Artwork without first <br />making a good faith effort to contact ARTIST. ARTIST shall not unreasonably <br />withhold approval or removal or relocation of the Artwork. Should ARTIST <br />agree to such removal or relocation, ARTIST shall provide CITY with written <br />handling instructions. In the event that ARTIST is deceased or unable to <br />otherwise give the ARTIST's consent, the current owner of the copyright of the <br />Artwork shall not unreasonably withhold permission, keeping in mind the <br />intentions of ARTIST at the time of commission and fabrication. <br /> <br />(C) This section is intended to replace and substitute for the rights of the ARTIST <br />under the Visual Artists Rights Act to the extent of a conflict. <br /> <br />13. Indemnification. If there are any claims for damages attributable to the negligence, <br />errors or omissions of ARTIST, its agents or employees while providing the services <br />called for herein, it is understood and agreed that ARTIST shall indemnify and hold <br />harmless CITY from any and all copyright, patent, trade secret infringement or <br />infringement of any proprietary right caused by ARTIST, losses, costs, liability, damages <br />and expenses arising out of such claims or litigation asserted as a result hereof. However, <br />ARTIST shall not be responsible for negligent acts or omissions of CITY, its agents or <br /> <br />7 <br />