Art Work Commission Agreement - Harold Langland

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City must be approved by the Artist or the Artist's Representative, which approval the Artist, or the Artist's Representative, will not unreasonably withhold. 5.2 Alterations to the Work (a) If at any time the Work requires repair or restoration, the City agrees to consult with the Artist concerning the need for and the appropriate handling of any repair or restoration, but the City reserves the right to carry out such repair or restoration in the City's sole and absolute discretion. If the Artist is deceased or incapacitated, the City may proceed with any repairs or restoration without consultation, so long as such repairs or restoration do not affect the artistic integrity of the Work. (b) The Work may not be significantly altered or destroyed without prior written consent from the Artist or the Artist's Representative. Notwithstanding the rights reserved by the Artist under Section 5.4, the City will be entitled to relocate the Work at any time and to any new location, as determined in the City's sole discretion, without the consent of the Artist or the Artist's Representative. Provided the Work will be otherwise unchanged, such relocation of the Work will not be deemed to be an alteration of the Work requiring the consent of the Artist or the Artist's Representative. 5.3 Attribution (a) All reproductions of the Work produced by the City shall attribute the Work to "Tuck Langland" wherever reasonable to do so. (b) The City shall place a sign on the Installation Site stating the name of the Artist ("Tuck Langland"), the material of the Work ("bronze"), the date of dedication, and, the title of the Work, as such title may be determined in the City's sole discretion before or after installation. The Artist shall be given reasonable opportunity to review the final text and layout of the sign before its installation in order to determine that it is correct and complies with this provision. Variances from this provision may be approved by the Artist or his representative. 5.4 Intellectual Property Rights (a) All studies or models created by the Artist in the course of performing under this Agreement are not part of the Work, and shall remain the property of the Artist. (b) The Copyright for the Work shall remain with the Artist, and the Artist retains all rights afforded to the Artist under Title 17 of the U.S. Code, including the Visual Artists Rights Act of 1990 (Title 17 U.S. Code § 101 et seq.), unless otherwise provided in this Agreement. ARTICLE 6 — THE ARTIST AS INDEPENDENT CONTRACTOR 6.1 The Artist shall perform all work under this Agreement as an independent contractor and not as an agent or employee of the City. The Artist shall not be supervised in his work by any employee of the City. 5