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C. During the lifetime of the Artist and to the extent practicable, and subject to Subsection 4.D.1., above, the City shall notify Artist promptly in the event of the need for any major maintenance or restoration services, and shall give Artist a reasonable opportunity either to perform such work or to supervise or consult in its performance for reasonable compensation. If Artist chooses not to do this and refuses to approve repair and restoration by anyone other than Artist or Artist's designated representative, City may proceed with the work and Artist will have the right to have Artist's name removed from the Work. 10. OWNERSHIP. Title of the Work will remain in the possession of the Glass Studio Peters until the Work has been installed and formally accepted by City "final acceptance and Glass Studio Peters has been paid in full. Artist and Glass Studio Peters will then transfer the right of ownership (in writing) to City. In the event of termination of this Agreement pursuant to subparagraph 11(A) (subject to Artist's and Glass Studio Peters' compliance with the provisions of said paragraph regarding return of funds) or subparagraph 11(B), all rights of ownership in the Work will revert to the Artist and Glass Studio Peters, who and which will have the right to complete, exhibit and sell the Work and any preliminary designs for it. Notwithstanding anything to the contrary herein, Artist will retain all right of ownership of the preliminary design, all incidental works made in the creation of the Work, and all copies and reproductions thereof. 11. TERMINATION. This Agreement may be terminated under the following circumstances: A. If Glass Studio Peters fails to complete services within the time limits set forth in Section 2, above, and such delay or failure to complete is not due to causes excusable by the terms of this Agreement, City may send written notice of default to Glass Studio Peters setting forth a stated time in which to cure, and if Glass Studio Peters fails to cure and such failure is not excusable by the terms of this Agreement, then City may declare this Agreement terminated and shall have the right to recover back all monies paid to Glass Studio Peters hereunder. B. Glass Studio Peters has the right to terminate this Agreement if, pursuant to Section 3, above, City is more than sixty (60) days late in making any payment. 12. APPLICABLE LAW. This Agreement constitutes the entire understanding between the parties with respect to the subject matter herein and no modification or amendment of any of its provisions shall be valid unless in writing and signed by all parties. This Agreement is may not be assigned by Glass Studio Peters without the written consent of City. This contract shall be governed by the laws of the State of California, and any action to enforce its terms shall be filed in the Superior Court of Alameda County. 13. NOTICE. All notices herein required shall be in writing, by certified mail, return receipt requested, and shall be served on the parties as follows: To City at: City Manager's Office 123 Main Street Pleasanton, CA 94566 Attn: Civic Arts Page 7 of 8