Art Work Commission Agreement - Harold Langland

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3.2 Upon delivery of the Work to the City in accordance with Section 1.3, the City shall assume all risks of loss, damage, or injury to the Work, including liability arising from the City's installation and keeping of the Work on the Installation Site. Notwithstanding the foregoing sentence, the Artist will indemnify the City for any liability arising out of any breach of the Artist's warranty of materials and workmanship under Section 4.3 during .the term of said warranty. 3.3 Notwithstanding Sections 3.1 and 3.2, in the event the Artist re -takes possession of the Work at any time after delivery, then the Artist will again bear all risks of loss, damage, or injury to the Work while it remains in the Artist's possession. ARTICLE 4 — WARRANTIES 4.1 The Artist warrants that the full-size sculpture shall be a unique and only casting of the Work, unless further casts are agreed upon in writing by both the City and the Artist (or the Artist's Representative) in accordance with Section 5.1. 4.2 The Artist warrants that the Work will be his own artistic product. 4.3 The Artist warrants that, for a period of one year after the City's unqualified acceptance of the Work in accordance with Section 1.3(b), the Work shall be free of defects in materials and workmanship. The Artist will correct, at the Artist's expense, any defect that arises during such period regardless of when the defect is discovered or reported to the Artist. 4.4 Because bronze works placed outdoors undergo natural changes in color, the artist shall not be responsible for such changes in color to the Work, nor for changes consequent to the City's failure to follow the written instructions for maintenance of the Work provided by the Artist. Should color changes which occur within the warranty period be the result of a faulty patina and/or final protective coating, the Artist shall remedy such defects. ARTICLE 5 — REPRODUCTION. ALTERATION: ATTRIBUTION• INTELLECTUAL PROPERTY RIGHTS 5.1 Reproductions of the Work (a) The Artist reserves to right the have one cast of the maquette made for the Artist's personal collection. If any further casts at the maquette size are desired by anyone, they may be cast only upon written agreement of the City and the Artist or the Artist's Representative. (b) Any other reproductions of the Work at any size may be made only upon written agreement of the City and the Artist or the Artist's Representative. (c) Notwithstanding the rights reserved by the Artist under Section 5.4, the City may publish photographs of the Work without further approval from the Artist. Any non - photographic visual representation of the Work intended for publication or distribution by the 4