6C(9) Oliver Plow Memorial Sculpture Agreement

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b. Forty Five Thousand Dollars ($45,000.00) at the time when the figure and the plow sculptures have been completed in clay and approved by the City; and c. Forty Five Thousand Dollars (545,000.00) at the time of delivery to the Delivery Site of the finished Oliver Plow Memorial. 3. The City shall pay each request to the Sculptor within thirty (30) days after receipt thereof. B. Benefits. As Sculptor will be working as an independent contractor, as provided hereinafter, the Sculptor shall not be entitled to any benefits or privileges, including without limitation social security, unemployment, medical or pension payments, made available to employees of the City. C. Ownership of Artistic Product. Upon completion of the Oliver Plow Memorial, delivery of same to the display site and final payment therefore, the Oliver Plow Memorial shall become the property of the City. Section 3. Warranties and Representations. A. The City warrants and represents to Sculptor that it has the right and authority to enter into this Agreement and that this Agreement does not conflict with any other agreement or obligation of the City. B. The Sculptor warrants and represents to the City that he has the right and authority to enter into this Agreement and to provide the City with the services described in Section 1, and that this Agreement does not conflict with any other agreement or obligation of the Sculptor. Section 4. Reserved. Section 5. Term; Termination. A. The term of this Agreement shall commence upon execution by the parties and shall terminate upon delivery and final payment, unless otherwise terminated as provided in Section 5B. B. This Agreement is in effect for the period provided for herein unless terminated by either party, giving 60 days termination notice in writing in compliance with Section 9 of this agreement. C. If either party commits any material breach of any covenant contained herein and fails to remedy any such default or material breach within sixty (60) days after written notice thereof by the other party, the other party may, at its option, terminate this Agreement upon giving written notice of termination to the breaching party. - 2 - W.