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scope, design, color, size, material, or texture of the Work which affects installation, scheduling,
<br /> site preparation or maintenance for the Work or the concept of the Work as represented in Exhibit
<br /> A. The City's approval may be given by its City Manager or the City Manager's designee.
<br /> b. Artist represents and warrants that the Work, as fabricated, will be free from any
<br /> defects in materials and workmanship, and that the Work is free and clear of any liens or
<br /> encumbrances from any source and of any kind or nature whatsoever. Artist hereby represents and
<br /> warrants that the Work as fabricated, including the design and materials, will not contain adversely
<br /> rough surfaces or sharp points and will be suitable to withstand without cracking, chipping, fading,
<br /> separating from support system, or otherwise deteriorating, the climactic and environmental
<br /> conditions commonly experienced within and in the general vicinity of the City of Pleasanton.
<br /> Such periodic conditions include but are not limited to temperatures in excess of 100 degrees
<br /> Fahrenheit and below 32 degrees Fahrenheit, high velocity winds, heavy rainfall and periods of
<br /> very low humidity.
<br /> c. Artist guarantees the Work to the City against all defects in its design, workmanship
<br /> and materials unrelated to installation for a period of three (3) years following the completion and
<br /> acceptance by City; and if any such defects occur in this period, Artist shall promptly and
<br /> satisfactorily repair, correct, or replace the defective portion at her own expense. Upon delivery of
<br /> the Work to the Site and inspection by the parties, Artist shall not be responsible for any damage
<br /> inflicted on the Work by any third parties.
<br /> d. The Artist hereby represents and warrants to the City that the Work is solely the
<br /> result of her artistic and creative effort, is original, one of a kind, and does not, to Artist's
<br /> knowledge, infringe upon any copyright. The Artist shall not duplicate this Work for any other
<br /> project without written consent by City. Notwithstanding the foregoing representation and
<br /> warranty, City hereby acknowledges that Artist has used in the past and may use in the future some
<br /> of the same elements comprising the Work.
<br /> 1) The Artist does agree that portions of the Work may be duplicated for the City
<br /> if the Work is damaged by third parties.
<br /> 2) To assist the City in the event the Work is so damaged, Artist agrees to maintain
<br /> information about the materials and techniques used for the fabrication of the Work, and design
<br /> details of each bike rack, and will cooperate with the City to provide a replacement bike rack, if
<br /> possible, at a price then agreed upon by the parties.
<br /> 4. FORCE MAJEURE. Any delay in the performance by Artist shall be excused if such
<br /> delay is caused by act of the City, its agents, contractors, employees or by act of God, accident,
<br /> war, war -like operations, civil commotion, riots, labor disputes, sabotage, governmental acts,
<br /> regulations or controls, fire or other casualty. Failure to fulfill contract obligations due to
<br /> conditions beyond either party's reasonable control will not be considered a breach of contract
<br /> provided those obligations affected shall be suspended only for the duration of such conditions.
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