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Exhibitor desires to use a two- dimensional image of the Sculptures, the Exhibitor <br /> must submit a written request for approval to The Foundation, the Foundation <br /> being fully authorized to act on the Artist's behalf. Non commercial two <br /> dimensional images of the Sculptures for media and promotional purposes will be <br /> generally permitted. All approved images and use of the Sculptures must show <br /> the following credit line: <br /> "Title" by J. Seward Johnson <br /> [Date to be provided] The Sculpture Foundation. <br /> Non commercial editorial and journalistic photos of the Sculptures require the <br /> attribution copyright line, but do not require written approval. <br /> In the event that a Work from Exhibitor's roster is needed for a sale that occurs <br /> during the exhibition period, The Sculpture Foundation, Inc. reserves the right to <br /> pick up the Work(s) from the exhibition. Any Work(s) removed will be replaced <br /> with other work(s) from the collection at The Sculpture Foundation's expense. <br /> This Agreement contains the entire understanding of the parties and shall be binding <br /> upon the heirs, successors and assigns of the parties. Any amendment <br /> to or notification of this Agreement shall be in writing and signed by both parties. <br /> The failure of either party to insist upon strict performance of this agreement <br /> shall not be construed as a waiver of any subsequent breach of non performance. <br /> Any dispute or difference arising out of this Agreement or in connection with <br /> the sculptures described above, shall be submitted to binding arbitration under <br /> the Commercial Arbitration Rules or the American Arbitration Association. <br /> The arbitration shall take place in Santa Monica, CA, and judgment based upon the <br /> arbitration award may be entered in any court of competent jurisdiction. <br /> 2 <br />