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other similar publications; (ii) use in promotional materials; (iii) reproductions for use in non- profit, City fundraising activities, including use by the Pleasanton Cultural Arts Foundation. B. The City shall use its best efforts to give a credit to the Artist in any publication focusing on the Work. Artist shall use Artist's best efforts to give a credit reading substantially "an original work by Martin Donlin, commissioned by the City of Pleasanton for the Firehouse Arts Center, Pleasanton, California, as a gift from Gary Nancy Harrington" in any publication or public showing under Artist's control of any reproductions of the Work. C. The City shall not damage, alter, modify, change or substantially relocate the Work without first conferring with the Artist and obtaining the Artist's approval to the proposed modification, change, or relocation. If the Artist refuses to provide (or the City fails for any reason to otherwise obtain) approval, then the City, in its sole discretion, shall have the right to remove the Work in accordance with standard Civic Art Program Guidelines. If the City initiates any change provided above, Artist has the right to have the Artist's name removed from the Work as well as any identification installed on the Site. D. Should City decide to sell the Work, Artist will have the first right of refusal to repurchase the Work upon the same terms as offered to others. E. If, for any reason, City ever intends to destroy the Work, it shall give written notice to the Artist or his heirs of its intention and shall give Artist or his heirs ninety (90) days, or such additional time as the parties may agree upon in writing, to recover the Work, at Artist's or his heir's sole cost. Within thirty (30) days after receipt of notice, Artist or his heirs shall notify City whether or not, Artist or his heirs intends to recover the Work. If no notice is received from Artist or his heirs within said thirty (30) day period, Artist or his heirs shall be deemed to have waived the right to recover the Work and City may proceed to destroy it. Upon recovery of the Work by Artist or his heirs, title shall revert to Artist or his heirs. F. The Artist shall retain the right to claim authorship of the Work. In the event that any part of the Work is materially damaged or altered in any manner, Artist shall have the right to remove Artist's claim of authorship. 9. MAINTENANCE. A. Glass Studio Peters will provide the City with complete information on appropriate care and maintenance of the Work, including specifications on any surface finishes and expected frequency of application and any other information pertinent to the proper care and maintenance of the Work. B. Following delivery of the Work to the site and unpacking under the supervision of Glass Studio Peters' local representative and assessment by the parties to determine if any pieces are damaged or have been lost, the City will be responsible for the maintenance of the Work, and shall take all reasonable precautions to protect against damage or destruction. Page 6 of 8