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A. General Liability and Bodily Injury Insurance. A comprehensive, general <br /> liability insurance for at least $,500,000 combined limit for bodily injury and property damage and <br /> provide that the City, its officers, employees and agents are named additional insureds under the <br /> policy. The policy shall state in writing either on the Certificate of Insurance or attached rider <br /> thereof that this insurance will operate as primary insurance for work performed by Artist and that <br /> no other insurance effected by City or other named insured will be called on to cover a loss <br /> covered thereunder. <br /> B. Automobile Liability Insurance. Automobile liability insurance in an amount <br /> not less than $300,000 per person/per occurrence. <br /> C. Workers' Compensation Insurance. Artist and Agent attest that they have no <br /> employees subject to State requirements for workers compensation insurance. If there are persons <br /> who are determined to be employees of Artist or Agent, then Artist and Agent shall indemnify the <br /> City for any claims by such persons for any claims related to injuries arising from their work for <br /> Artists or Agent. <br /> Artist shall complete and file with City a Certificate of Insurance prior to City's execution of this <br /> Agreement, and prior to engaging in any operation or activity set forth in this Agreement. The <br /> Certificate of Insurance shall provide in writing that the insurance afforded by this Certificate <br /> shall not be suspended, voided, cancelled, reduced in coverage or in limits without providing <br /> thirty (30) days prior written notice by certified mail, return receipt requested, to the City. In <br /> addition, Artist shall provide thirty (30) days prior written notice to the City of any suspension, <br /> cancellation, reduction of coverage or in limits, or voiding of the insurance coverage required by <br /> this Agreement. <br /> 7. RIGHTS OF THE PARTIES. <br /> A. Artist retains all statutory and common law authorship rights pursuant to the <br /> United States Copyright Act (17 U.S.C.A.), relevant California intellectual property and civil <br /> laws, and all other rights in and to the Work, except ownership and possession which shall be <br /> transferred to City upon City's written acceptance of the Work and except as such rights are <br /> limited by this paragraph. Upon acceptance of the Work by City, Artist and Agent grant to City <br /> and its assigns an irrevocable right and license to make two-dimensional reproductions of the <br /> Work for non commercial purposes including, but not limited to: (i) use in advertising, brochures, <br /> media publicity and catalogs or other similar publications; (ii) use in promotional materials; (iii) <br /> reproductions for use in non -profit, City fundraising activities, including use by the Pleasanton <br /> Cultural Arts Foundation. <br /> B. The City shall use its best efforts to give a credit to the Artist in any publication <br /> focusing on the Work. Artist shall use Artist's best efforts to give a credit reading substantially <br /> "an original work by Jack Storms, commissioned by the City of Pleasanton for the Firehouse Arts <br /> Center, Pleasanton, California, as a gift from Gary Nancy Harrington" in any publication or <br /> public showing under Artist's control of any reproductions of the Work. <br /> Page 4 of 7 <br />