Art Work Commission Agreement - Harold Langland

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9.7 If any aspect of this Agreement shall be declared unenforceable, the remainder of the Agreement shall remain in force. 9.8 All notices required or allowed by this Agreement shall be delivered by email, which notice will be effective upon the date the recipient confirms receipt by a response email to the sender, or by U.S. mail, addressed to the City at its address stated above (with a copy to South Bend Legal Department, 1200 S. County -City Building, 227 W. Jefferson Blvd., South Bend, IN 46601, Attn: Corporation Counsel), or to the Artist at his address stated above. Either Party may, by written notice, modify its address for future notices. 9.9 In the event of the Artist's incapacitation or death, this Agreement may be enforced by the Artist's Representative, subject to the limitation stated in Section 10.1. 9.10 Both Parties having participated fully and equally in the negotiation and preparation of this Agreement, this Agreement shall not be more strictly construed, nor shall any ambiguities in this Agreement be presumptively resolved, against either Party. 9.11 The Artist agrees and acknowledges that he has read and understands this Agreement, is entering into it freely and voluntarily, and has had ample opportunity to seek counsel prior to entering into this Agreement. 9.12 This Agreement may be separately executed in counterparts by the City and the Artist and the same, when taken together, will be regarded as one original Agreement. 9.13 Time is of the essence of this Agreement. ARTICLE 10 — PARTIES' REPRESENTATIVES 10.1 As used in this Agreement, the term "Artist's Representative" means the one person legally authorized to act on behalf of the Artist with respect to the Work in the event of his incapacitation or death, as such person is determined in accordance with the Artist's testamentary document(s) and/or by a court of law of competent jurisdiction under applicable laws. In no event will the City be responsible for determining or identifying the Artist's Representative. Notwithstanding anything in this Agreement to the contrary, upon the fiftieth anniversary of the Effective Date of this Agreement, no person will continue to act as the Artist's Representative under this Agreement or otherwise have authority to make any determination or exercise any right committed to the Artist's Representative under this Agreement. 10.2 The City's point of contact for this Agreement and for all matters related to the Work is Jitin Kain, Deputy Director of the South Bend Department of Public Works. [Signature page follows.] 7 OC