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7). RIGHTS OF THE PARTIES. A) The Artist retains all rights under the Copyright Act and all other rights in and to the Work, except ownership and possession and except as such rights are limited by this paragraph. Artist grants to City and its assigns an irrevocable right and license to make two dimensional reproductions of the Work for non commercial purposes including, but not limited to: (i) use in advertising, brochures, media publicity and catalogs or 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 Jill Turman, commissioned by the City of Pleasanton for the Fire House Arts Center, Pleasanton, California" 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 and State law, if applicable. 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 her heirs of its intention and shall give Artist or her heirs ninety (90) days, or such additional time as the parties may agree upon in writing, to recover the Work, at Artist's or her heir's sole cost. Within thirty (30) days after receipt of notice, Artist or her heirs shall notify City whether or not, Artist or her heirs intends to recover the Work. If no notice is received from Artist or her heirs within said thirty (30) day period, Artist or her 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 her heirs, title shall revert to Artist or her 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. 8.) MAINTENANCE. A) The Artist will provide the City with complete information on appropriate care and maintenance of the Work, including specifications on any surface finishes and Page 5 of 8