MOUNTAIN FORGE - Laserfiche WebLink

5. PAYMENT SCHEDULE AND TERMS. 5.1 Payment of the Design, Fabrication & Installation Fee shall be due and payable to Artist as follows: (a)A deposit of $8,500.00 (b)A design and material/labor fee in the amount of : $40,000.00 (c) A progress invoice for fabrication: $30,000.00 (d) A ﬁnal payment, due within 30 days of completion and acceptance of the Artwork by Client: $6,500.00. Artist agrees to accept the foregoing amounts as payment in full for completion of the Project speciﬁed in the Proposal. Artist will either include in its pricing any sales, use or other taxes to be collected by Artist from Client. Each party will remain responsible for taxes on its income and personal property. 6. ARTWORK COPYRIGHT AND ARTIST’S RIGHTS. 6.1 COPYRIGHT. Artist expressly reserves every right available to Artist at common law or under the Federal Copyright Act to control the making and dissemination of copies or reproduction of the Work except as those rights are limited by this Agreement. Artist authorizes Client and its assigns to make photographs, drawings, and other two‑dimensional reproductions of the Work without prior consent of Artist if used solely for non‑commercial purposes, advertising, descriptive brochures, and similar purposes. All reproductions by the Client shall contain a copyright notice substantially in the following form: "©, Mountain Forge, date", in such a manner and location as shall comply with the U.S. Copyright laws. 6.2 LICENSE. Display and Promotional Use: In addition to ownership of the physical Artwork, Artist hereby grant to the Client the limited rights to (a) publicly display the Artwork on the City of Pleasanton Site and/or any location to which the City of Pleasanton wishes to relocate the Artwork at any time, and (b) conditioned upon full payment of all Compensation, the nonexclusive, non-transferable license to create, display, reproduce and distribute two- dimensional images of the Artwork, solely in promotional and editorial materials, in any media, (“Promotional Use”), provided that all such Promotional Use includes a credit and copyright notice substantially as follows: “By ©, Mountain Forge, date.” For clarity, Promotional Use excludes consumer merchandise and any materials or items offered for sale unless such items are nominal in value such that the cumulative sales of which shall not exceed $1,000 per calendar year, and from whose sales only the City of Pleasanton beneﬁts. Artist will execute and provide to the City of Pleasanton a written grant of the rights set forth herein. For avoidance of doubt, City of Pleasanton’s rights shall include, and Artist’s reserved rights under Section 6.3 herein shall not prohibit, the right for City of Pleasanton to change the position or placement or the Artwork, sell the Artwork, or modify, dismantle, or destroy the Artwork, provided that City of Pleasanton provides notice to Artist in advance of any such modiﬁcation, dismantling, or destruction, and that Artist shall thereafter have the right to require City of Pleasanton to remove Artist’s name from the Artwork. ARTWORK COMMISSIONING AGREEMENT page 3 Docusign Envelope ID: 1E0CB645-5270-47AA-87EB-8D8E57759177Docusign Envelope ID: 04C40C7C-1D5C-40F8-AB54-E2C7D9B79ACC