11 - Laserfiche WebLink

or such additional time as the parties may agree upon in writing, to recover the Work, at Artist's or her heir's sole cost. Within thirty (30) days after receipt of notice, Artist or her heirs shall notify City whether or not, Artist or her heirs intend to recover the Work. If no notice is received from Artist or her heirs within said thirty (30) day period, Artist or her heirs shall be deemed to have waived the right to recover the Work and City may proceed to destroy it. Upon recovery of the Work by Artist or her heirs, title shall revert to Artist or her heirs. F. The Artist shall retain the right to claim authorship of the Work. In the event that any part of the Work is materially damaged or altered in any manner, except as provided in C, above, Artist shall have the right to remove Artist's claim of authorship. 8. MAINTENANCE. A. Artist will provide the City with complete information on appropriate care and maintenance of the Work, including specifications on any surface finishes and expected frequency of application and any other information pertinent to the proper care and maintenance of the Work. B. During the lifetime of the Artist and to the extent practicable, and subject to Subsection 3.D.1., above, the City shall notify Artist promptly in the event of the need for any major maintenance or restoration services, and shall give Artist a reasonable opportunity either to perform such work or to supervise or consult in its performance for reasonable compensation. If Artist chooses not to do this and refuses to approve repair and restoration by anyone other than Artist or Artist's designated representative, City may proceed with the work and Artist will have the right to have Artist's name removed from the Work. 9. OWNERSHIP. Title of the Work will remain in the possession of the Artist until the Work has been installed and formally accepted by City and Artist has been paid in full. Artist will then transfer the right of ownership (in writing) to City. In the event of termination of this Agreement pursuant to subparagraph 10(A) (subject to Artist's compliance with the provisions of said paragraph regarding return of funds) or subparagraph 10(B), all rights of ownership in the Work will revert to the Artist, who will have the right to complete, exhibit and sell the Work and any preliminary designs for it. Notwithstanding anything to the contrary herein, Artist will retain all right of ownership of the preliminary design, 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 within the time limits set forth in Section 1, above, 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. B. Artist 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. Page 5 of 6