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commonly experienced within and in the general vicinity of the City of Pleasanton. Such periodic conditions include but are not limited to temperatures in excess of 100 degrees Fahrenheit and below 32 degrees Fahrenheit, high velocity winds, heavy rainfall and periods of very low humidity. C. The Artist guarantees the Work to the City against all defects in its design, workmanship and materials unrelated to installation for a period of three (3) years following the completion and acceptance by City; and if any such defects occur in this period, the Artist shall promptly and satisfactorily repair, correct, or replace the defective portion at the Artist's own expense. Upon delivery of the Work to the site and inspection by the parties, the Artist shall not be responsible for any damage inflicted on the Work by any third parties during Artist's installation. D. The Artist hereby represents and warrants to the City that the Work is solely the result of the artistic and creative effort of the Artist, is original, one of a kind, and does not, to Artist's knowledge, infringe upon any copyright. The Artist shall not duplicate this Work for any other project without written consent by City. Notwithstanding the foregoing representation and warranty, City hereby acknowledges that Artist has used in the past and may use in the future some of the same elements comprising the Work and the Artist reserves the right to use elements and portions of the Work in other works of art in different configurations. 1) The Artist agrees that portions of the Work may be duplicated for the City if the Work is damaged by third parties. To assist the City in the event the Work is so damaged, the Artist agrees to maintain information about the materials and techniques used for the fabrication of the Work, and design details, and will cooperate with the City to provide a replacement, if possible, at a price then agreed upon by the parties. 4. FORCE MAJEURE. Any delay in the performance by Artist shall be excused if such delay is caused by act of the City, its agents, contractors, employees or by act of God, accident, war, war -like operations, civil commotion, riots, labor disputes, sabotage, governmental acts, regulations or controls, fire or other casualty. Failure to fulfill contract obligations due to conditions beyond either party's reasonable control will not be considered a breach of contract, provided those obligations affected shall be suspended only for the duration of such conditions. 5. RISK OF LOSS. The risk of loss or damage to the Work shall be borne by the Artist until the Work has been delivered to the site and installed by the Artist. 6. INSURANCE. Artist agrees to procure at Artist's 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 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 Page 3 of 6