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9. OWNERSHIP. Title to the Work will remain in the possession of Artist until the Work has been installed and formally accepted by City "Final Acceptance and Artist has been paid in full. Artist will then transfer title to the Work in writing to City. In the event of termination of this Agreement pursuant to subparagraph 10(A) (subject to Artist's and Agent's compliance with the provisions of said paragraph regarding return of funds paid pursuant to Section 2 herein) or subparagraph 10(B), all rights of ownership in the Work as well as all rights granted to City pursuant to Section 7A herein will revert to the Artist, who will have the right to complete, exhibit and sell the Work and any preliminary designs for the Work. Notwithstanding anything to the contrary herein, Artist will retain all right of ownership of the design of the Work, all incidental works made in the creation of the Work, and all copies and reproductions thereof. 10. TERMINATION. This Agreement may be terminated under the following circumstances: A. If Artist fails to complete services, and such delay or failure to complete is not due to causes excusable by the terms of this Agreement, City may send written notice of default to Artist setting forth a stated time in which to cure, and if Artist fails to cure and such failure is not excusable by the terms of this Agreement, then City may declare this Agreement terminated and shall have the right to recover back all monies paid to Agent pursuant to Section 2 herein. B. Agent has the right to terminate this Agreement if, pursuant to Section 2, above, City is more than sixty (60) days late in making any payment. 11. APPLICABLE LAW. This Agreement constitutes the entire understanding between the parties with respect to the subject matter herein and no modification or amendment of any of its provisions shall be valid unless in writing and signed by all parties. This Agreement is may not be assigned by Agent without the written consent of City. This contract shall be governed by the laws of the State of California, and any action to enforce its terms shall be filed in the Superior Court of Alameda County. 12. NOTICE. All notices herein required shall be in writing, by certified mail, return receipt requested, and shall be served on the parties as follows: To City at: City Manager's Office 123 Main Street Pleasanton, CA 94566 Attn: Civic Arts To Agent at: Frank Dobronte Dobronte Publishing Page 6 of 7