10 - Laserfiche WebLink

3) RESPONSIBILITIES OF THE PARTIES A) The Work shall be fabricated by the Artist in conformity with Exhibit A, subject to minor changes as are made necessary by the materials or the production process or as are deemed necessary or appropriate by Artist to carry out the overall design. City understands that it may not be possible to create the Work precisely as depicted in Exhibit A; however, if during the fabrication process, the Artist makes significant changes in size, imagery, finish, or other approved elements of the Work, the Artist will notify the City immediately in writing and will receive the City's written approval prior to proceeding with changes. A significant change is any change in the scope, design, color, size, material, or texture of the Work which affects installation, scheduling, site preparation or maintenance for the Work or the concept of the Work as represented in Exhibit A. The City's approval may be given by its City Manager or the City Manager's designee. B) Artist represents and warrants that the Work, as fabricated, will be free from any defects in materials and workmanship, and that the Work is free and clear of any liens or encumbrances from any source and of any kind or nature whatsoever. Artist hereby represents and warrants that the Work as fabricated, including the design and materials, is suitable to withstand without cracking, chipping, fading, separating from support system, or otherwise deteriorating, the climactic and environmental conditions commonly experienced within and in the general vicinity of the City of Pleasanton. Such periodic conditions include but are not limited to temperatures in excess of 100 degrees Fahrenheit and below 32 degrees Fahrenheit, high velocity winds, heavy rainfall and periods of very low humidity. C) Artist guarantees the Work to the City against all defects in its design, workmanship and materials unrelated to installation for a period of three (3) years following the completion and acceptance by City; and if any such defects occur in this period, Artist shall promptly and satisfactorily repair, correct, or replace the defective portion at her own expense. Upon delivery of the Work to the site and inspection by the parties, Artist shall not be responsible for any damage inflicted on the Work by any third parties, including the Contractor or its subcontractor during installation. D) The Artist hereby represents and warrants to the City that the Work is solely the result of her artistic and creative effort, is original, one of a kind, and does not, to Artist's knowledge, infringe upon any copyright. The Artist shall not duplicate this Work for any other project without written consent by City. Notwithstanding the foregoing representation and warranty, City hereby acknowledges that Artist has used in the past and may use in the future some of the same elements comprising the Work. 1) The Artist does agree that portions of the Work may be duplicated for the City if the Work is damaged by third parties. 2) To assist the City in the event the Work is so damaged, Artist agrees to maintain information about the materials and techniques used for the fabrication of the Page 3 of 8