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approved elements of the Work, Artist or Agent shall notify the City immediately in writing and shall receive City's written approval prior to proceeding with said changes. The parties agree that significant change is any change in the scope, design, color, size, material, or texture of the Work or any change which affects installation, scheduling, Site preparation or maintenance for the Work or any change in the concept of the Work as represented in Exhibit A. City's approval of such changes may be given by its City Manager or the City Manager's designee. B. Artist and Agent represent and warrant that to the best of their individual and collective knowledge, the Work, as delivered to the Site, will be free from any defects in materials and workmanship, and that to the best of their individual and collective knowledge, the Work is free and clear of any liens or encumbrances from any source and of any kind or nature whatsoever. C. Artist guarantees the Work to City against all defects in the Work's fabrication, composite materials, workmanship, and the operation of the Motor for a period of three (3) years following the final written acceptance of the Work by City; and if any such defects occur in this three -year guarantee period, Artist shall promptly and to the satisfaction of City repair, correct, or replace the defective portion of the Work at Artist's own expense. D. Artist and Agent hereby represent and warrant to the City that the Work is solely the result of the artistic and creative effort of Artist, that the Work is original, that to their individual and collective knowledge, the Work is one of a kind, and that the Work does not, to their individual and collective knowledge, infringe upon any copyright. The Artist agrees not to reproduce the Work for any other project without prior written consent by City. 4. FORCE MAJEURE. Any delay in the performance by Artist shall be excused if such delay is caused by act of the City, its agents, contractors, employees or by act of God, accident, war, war -like operations, civil commotion, riots, labor disputes, sabotage, governmental acts, regulations or controls, fire or other casualty. Failure to fulfill contract obligations due to conditions beyond any party's reasonable control will not be considered a breach of this Agreement, provided those obligations affected shall be suspended only for the duration of such conditions. 5. RISK OF LOSS. The risk of loss or damage to the Work shall be borne by Artist until the Work has been installed at the Site and electrically tested to ensure the Motor is operating properly. Upon completion of said installation and testing, Artist or Agent shall notify City in writing of such completion and risk of loss or damage to the Work shall pass to City upon City's receipt of such notice.. 6. INSURANCE. Artist agrees to procure at Artist's expense and to maintain through fabrication, transportation, and transfer of ownership title of the Work, insurance as follows against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by Artist, its agents, employees, representatives or subcontractors: Page 3 of 7 j 3-c: