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5. RISK OF LOSS. The risk of loss or damage to the Work shall be bome by Artist until the Work has been formally accepted by the City, and Artist shall take such measures as are necessary to insure the work for the benefit of the City against loss or damage until formal acceptance of the work by City, which shall not exceed 30 days after final completion. Artist's responsibility for risk of loss or damage to the Work does not arise when the Work is stored by the City as described in Section 1.b., above. 6. INSURANCE. Artist agrees to procure at her 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 the Artist, its agents, employees, representatives or subcontractors: a. General Liability and Bodily Injury Insurance. A comprehensive, general liability insurance for at least $1,000,000 combined limit for bodily injury and property damage and provide that the City, its officers, employees and agents are named additional insureds under the policy. The policy shall state in writing either on the Certificate of Insurance or attached rider thereof that this insurance will operate as primary insurance for work performed by Artist and that no other insurance effected by City or other named insured will be called on to cover a loss covered there under. b. Automobile Liability Insurance. Automobile liability insurance in an amount not less than $500,000 per person/per occurrence. c. Workers' Compensation Insurance. Workers' Compensation Insurance for all of Artist's employees, if any, all in strict compliance with State laws, and to protect the City from any and all claims there under. If Artist has no employees, Artist will provide the City a written statement to that effect, and this requirement for workers' compensation insurance shall be waived. d. Certificate of Insurance. Artist shall complete and file with City a Certificate of Insurance prior to City's execution of this Agreement, and prior to engaging in any operation or activity set forth in this Agreement. The Certificate of Insurance shall provide in writing that the insurance afforded by this Certificate shall not be suspended, voided, cancelled, reduced in coverage or in limits without providing thirty (30) days prior written notice by certified mail, return receipt requested, to the City. In addition, Artist shall provide thirty (30) days prior written notice to the City of any suspension, cancellation, reduction of coverage or in limits, or voiding of the insurance coverage required by this Agreement. 7. RIGHTS OF THE PARTIES a. The Artist retains all rights under the Copyright Act and all other rights in and to the Work, except ownership and possession and except as such rights are limited by this paragraph. Artist grants to City and its assigns an irrevocable right and license to make two - dimensional reproductions of the Work for non - commercial purposes including, but not limited to: (i) use in advertising, brochures, media publicity and catalogs or other similar publications; (ii) use in promotional materials; (iii) reproductions for use in non - profit, City fundraising activities. Page 4 of 7