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11
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2010
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090710
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11
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9/2/2010 2:15:56 PM
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9/2/2010 12:04:45 PM
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CITY CLERK
CITY CLERK - TYPE
MINUTES
DOCUMENT DATE
9/7/2010
DESTRUCT DATE
15Y
DOCUMENT NO
11
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that no other insurance effected by City or other named insured will be called on to cover a loss <br /> covered thereunder. <br /> B. Automobile Liability Insurance. Automobile liability insurance in an amount <br /> not less than $500,000 per person/per occurrence. <br /> C. Workers' Compensation Insurance. Workers' Compensation Insurance for all <br /> of the Artist's local employees, if any, all in strict compliance with State laws, and to protect the <br /> City from any and all claims thereunder. <br /> The Artist shall complete and file with City a Certificate of Insurance prior to City's execution of <br /> this Agreement, and prior to engaging in any operation or activity set forth in this Agreement. <br /> The Certificate of Insurance shall provide in writing that the insurance afforded by this Certificate <br /> shall not be suspended, voided, cancelled, reduced in coverage or in limits without providing <br /> thirty (30) days prior written notice by certified mail, return receipt requested, to the City. In <br /> addition, the Artist shall provide thirty (30) days prior written notice to the City of any suspension, <br /> cancellation, reduction of coverage or in limits, or voiding of the insurance coverage required by <br /> this Agreement. <br /> 7. RIGHTS OF THE PARTIES. <br /> A. The Artist retains all rights under the Copyright Act and all other rights in and <br /> to the Work, except ownership and possession and except as such rights are limited by this <br /> paragraph. The Artist grants to City and its assigns an irrevocable right and license to make two - <br /> dimensional reproductions of the Work for non - commercial purposes including, but not limited to: <br /> (i) use in advertising, brochures, media publicity and catalogs or other similar publications; (ii) <br /> use in promotional materials; (iii) reproductions for use in non - profit, City fundraising activities, <br /> including use by the Pleasanton Cultural Arts Foundation. <br /> B. The City shall use its best efforts to give a credit to the Artist in any publication <br /> focusing on the Work. Artist shall use Artist's best efforts to give a credit reading substantially <br /> "an original work by Artist Blacksmith Jill Turman, commissioned by the City of Pleasanton for <br /> the Firehouse Arts Center, Pleasanton, California ", in any publication or public showing under <br /> Artist's control of any reproductions of the Work. <br /> 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 approval to the proposed <br /> modification, change, or relocation; except that the Artist agrees that the City may unilaterally <br /> remove name plaques if a donor fails to honor his or her pledge of financial support. If the Artist <br /> refuses to provide (or the City fails for any reason to otherwise obtain) approval, then the City, in <br /> its sole discretion, shall have the right to remove the Work in accordance with standard Civic Art <br /> Program Guidelines. If the City initiates any change provided above, Artist has the right to have <br /> the Artist's name removed from the Work as well as any identification installed on the Site. <br /> D. Should City decide to sell the Work, Artist will have the first right of refusal to <br /> repurchase the Work upon the same terms as offered to others. <br /> E. If, for any reason, City ever intends to destroy the Work, it shall give written <br /> notice to the Artist or her heirs of its intention and shall give Artist or her heirs ninety (90) days, <br /> Page 4 of 6 <br />
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