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notify the City immediately in writing and will receive City's written approval prior to proceeding
<br /> with changes. A significant change is any change in the scope, design, color, size, material, or
<br /> texture of the Work which affects installation, scheduling, site preparation or maintenance for the
<br /> Work or the concept of the Work as represented in Exhibit A. The City's approval may be given
<br /> by its City Manager or the City Manager's designee.
<br /> B. Glass Studio Peters represents and warrants that the Work, as fabricated, will be
<br /> free from any defects in materials and workmanship, and that the Work is free and clear of any
<br /> liens or encumbrances from any source and of any kind or nature whatsoever. Glass Studio Peters
<br /> hereby represents and warrants that the Work as fabricated, including the design and materials, is
<br /> suitable to withstand without cracking, chipping, fading, or otherwise deteriorating, the climactic
<br /> and environmental conditions commonly experienced within and in the general vicinity of the
<br /> City of Pleasanton. Such periodic conditions include but are not limited to temperatures in excess
<br /> of 100 degrees Fahrenheit and below 32 degrees Fahrenheit, high velocity winds, heavy rainfall
<br /> and periods of very low humidity.
<br /> C. Glass Studio Peters guarantees the Work to the City against all defects in its
<br /> design, workmanship and materials unrelated to installation for a period of three (3) years
<br /> following the completion and acceptance by City; and if any such defects occur in this period,
<br /> Glass Studio Peters shall promptly and satisfactorily repair, correct, or replace the defective
<br /> portion at Glass Studio Peters' own expense. Upon delivery of the Work to the site and inspection
<br /> by the parties, Glass Studio Peters shall not be responsible for any damage inflicted on the Work
<br /> by any third parties, including the General Contractor or its subcontractor during installation.
<br /> D. The Artist and Glass Studio Peters hereby represent and warrant to the City that
<br /> the Work is solely the result of the artistic and creative effort of the Artist and Glass Studio Peters,
<br /> is original, one of a kind, and does not, to Artist's or Glass Studio Peters' knowledge, infringe
<br /> upon any copyright. The Artist and Glass Studio Peters shall not duplicate this Work for any
<br /> other project without written consent by City. Notwithstanding the foregoing representation and
<br /> warranty, City hereby acknowledges that Artist has used in the past and may use in the future
<br /> some of the same elements comprising the Work and the Artist reserves the right to use elements
<br /> and portions of the Work in other works of art in different configurations.
<br /> 1) The Artist and Glass Studio Peters do agree that portions of the Work
<br /> may be duplicated for the City if the Work is damaged by third parties.
<br /> To assist the City in the event the Work is so damaged, Glass Studio
<br /> Peters agrees to maintain information about the materials and
<br /> techniques used for the fabrication of the Work, and design details of
<br /> each separate panel, and will cooperate with the City to provide a
<br /> replacement panel, if possible, at a price then agreed upon by the
<br /> parties.
<br /> 5. FORCE MAJEURE. Any delay in the performance by Artist or Glass Studio Peters
<br /> shall be excused if such delay is caused by act of the City, its agents, contractors, employees or by
<br /> act of God, accident, war, war -like operations, civil commotion, riots, labor disputes, sabotage,
<br /> governmental acts, regulations or controls, fire or other casualty. Failure to fulfill contract
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