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H.The Artist shall be required to inspect and document the installation site at the Delucchi Park site prior to the transportation and delivery of the Artwork and shall notify the Parties in writing of any adverse site conditions (or lack thereof) that will impact the installation of the Artwork and which are in need of correction. Upon inspection and upon receiving the City of Pleasanton’s written Final Approval of the fabricated Artwork as being in conformity with the Design, the Artist shall deliver the completed Artwork to the installation site at the Delucchi Park Site in accordance with the Performance Schedule. The Artist will coordinate closely with the City of Pleasanton to ensure that the Delucchi Park Site is prepared to receive the Artwork prior to transporting the Artwork to the Delucchi Park Site for installation. Upon completion of the installation of the Artwork, the Artist shall provide the City of Pleasanton with written instructions for the future maintenance and conservation of the Artwork that are included in the Maintenance & Conservation Plan. The City of Pleasanton is solely responsible for the proper care and maintenance of the Artwork after Final Acceptance. I.The Artist shall bear the risk of loss or damage to the Artwork until Delivery of the Artwork to the Delucchi Park Site at which time the City of Pleasanton shall take custody, control and/or supervision of the Artwork. The Artist shall take such measures as are reasonably necessary to protect the Artwork from loss or damage up to the point of Delivery. The City of Pleasanton shall bear the risk of loss or damage to the Artwork prior to Final Acceptance only if, during such time, the partially or wholly completed Artwork is in the custody, control or supervision of the City of Pleasanton or its agent(s). J.Artist shall provide, for City of Pleasanton’s review and approval, pertinent information in accordance with the City of Pleasanton’s guidelines for the plaque to be installed in close proximity to the Artwork. Following approval of the plaque by City of Pleasanton, Client shall furnish and install the plaque in close proximity to the installed Artwork. The plaque shall be no larger than fourteen inches wide by twelve inches tall (14” wide x 12” tall). Artist shall provide the pertinent information for the plaque such as the Title, Date, Artist Name, Materials and incidental descriptive text. K.The making of all payments, in full, then due from City of Pleasanton to Artist is a condition precedent to each and every one of Artist’s obligations pursuant to this Agreement, including but not limited to Artist’s obligations to, create, fabricate, deliver and permanently install the Artwork with the exception of the ﬁnal payment Phase 3, which will be made following the formal acceptance of the artwork by City of Pleasanton. ARTWORK COMMISSIONING AGREEMENT page 9 Docusign Envelope ID: 1E0CB645-5270-47AA-87EB-8D8E57759177Docusign Envelope ID: 04C40C7C-1D5C-40F8-AB54-E2C7D9B79ACC