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City of Pleasanton
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2010
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040610
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4/1/2010 12:16:18 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
4/6/2010
DESTRUCT DATE
15 Y
DOCUMENT NO
12
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C. The City shall not damage, alter, modify, change or substantially relocate the <br /> Work without first conferring with the Artist and obtaining the Artist's reasonable approval to the <br /> proposed modification, change, or relocation. If the Artist refuses to provide (or the City fails for <br /> any reason to otherwise obtain) approval, then the City, in its sole discretion, shall have the right <br /> to remove the Work in accordance with standard Civic Art Program Guidelines. If the City <br /> initiates any change provided above without Artist's approval, Artist has the right, at City's <br /> expenses, to have Artist's name removed from the Work as well as any identification of or <br /> reference to Artist installed on the Site or any other site where the Work is located. <br /> D. Should the City decide to sell the Work, Artist will have the first right of <br /> refusal to repurchase the Work upon the same terms as offered to others. <br /> E. If, for any reason, City intends to destroy the Work, City shall give written <br /> notice to Artist or Artist's heirs of said intention and shall give Artist or Artist's heirs ninety (90) <br /> days, or such additional time as the parties may agree upon in writing, to recover the Work, at <br /> Artist's or Artist's heir's sole cost. Within thirty (30) days after receipt of said notice, Artist or <br /> Artist's heirs shall notify City whether or not, Artist or Artist's heirs intends to recover the Work <br /> If no notice is received from Artist or Artist's heirs within said thirty (30) day period, Artist or <br /> Artist's heirs shall be deemed to have waived the right to recover the Work and City may proceed <br /> to destroy it. Upon recovery of the Work by Artist or Artist's heirs, title shall revert to Artist or <br /> Artist's heirs. <br /> F. Artist shall retain the right to claim authorship of the Work and to object to any <br /> distortion, mutilation, or other modification of, or other derogatory action in relation to, the Work, <br /> which would be prejudicial to Artist's honor or reputation. In the event that the Work or any part <br /> of the Work is materially damaged or altered in any manner without Artist's written permission <br /> beforehand, and City is unable or unwilling to correct such damage or alteration, City agrees to <br /> destroy the Work pursuant to Section 7E herein <br /> 8. MAINTENANCE. <br /> A. Artist agrees, upon delivering the Work to the Site, to provide City with <br /> commercially reasonable information on appropriate care and maintenance of the Work and to <br /> provide City with specifications and replacement information about the Motor. <br /> B. During the lifetime of Artist and to an extent reasonable and practicable, City <br /> shall notify Artist promptly in the event of the need for any major maintenance or restoration <br /> services relative to the Work, and shall give Artist a reasonable opportunity either to perform such <br /> maintenance or restoration work or to supervise or consult in its performance for reasonable <br /> compensation to be agreed upon in writing beforehand. If Artist and City are not able to agree <br /> upon terms for such maintenance or restoration, City may, in its sole discretion, proceed with said <br /> maintenance or restoration work using a contractor of City's choosing or destroy the Work <br /> pursuant to Section 7E herein; provided, however, in the event that City proceeds with said <br /> maintenance or restoration with a contractor of its own choosing, City agrees, at City's expense, <br /> to have Artist's name removed from the Work and all printed matter related to the Work and <br /> under City's control. <br /> Page 5 of 7 <br /> e <br />
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