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6.3 RESERVATION OF RIGHTS. Artist expressly reserves all rights in and to the Artwork not expressly granted herein or required to be waived pursuant to Section 6.4 herein, including (a) all copyright in and to the Artwork, and all original artwork related thereto, including all preliminary materials including but not limited to sketches and comps (“Preliminary Works”); and (b) all rights to display, reproduce, adapt, distribute and offer for sale three-dimensional and two- dimensional copies of the Artwork and Preliminary Works for any purpose, subject to City of Pleasanton’s limited Promotional Use rights set forth above. Notwithstanding the foregoing and Section 6.4, Artist shall have the right to require City of Pleasanton to remove Artist’s name from the Artwork pursuant to Section 6.2. 6.4 WAIVER OF CERTAIN RIGHTS. Artist, as the author of the Artwork, will acknowledge the existence of Artist’s federal and state statutory moral rights under VARA and the California Art Preservation Act (CAPA) and to execute a written waiver of certain rights on the following terms, which waiver shall be provided to the City of Pleasanton not later than concurrently with City of Pleasanton’s ﬁnal payment for the Artwork: (a) Scope: The waiver shall apply to the following visual work: the original installed Artwork, as described in this Agreement and attached as EXHIBIT A. (b) Uses Covered: The waiver shall apply to all applicable uses reserved to an owner of a lawfully copyrighted work under VARA or CAPA, including but not limited to, the right to prevent removal of the Artwork from the place at which it is installed and to any and all applications in which either the integrity right, or personal moral rights may be implicated. (c) Waiver: With respect to the Artwork enumerated in subparagraph (a) above and for uses enumerated in subparagraph (b) above, and except for the right of attribution, the Artist, as the artist and author of the Artwork, shall expressly and forever waive any and all rights arising under VARA and CAPA, and any other rights arising under U.S. federal or state law or under the laws of any other country that conveys rights of the same nature as those conveyed under VARA and CAPA, or any other type of moral rights or droit moral, subject to Artist’s continuing rights to cause the removal of Artist’s name from the Artwork pursuant to Section 6.3. 7. REPAIR AND RESTORATION OF ARTWORK. 7.1 Regular maintenance is not required for the Artwork. Artist conﬁrms exposure to elements and natural aging are desirable characteristics of the Artwork. Repairs and/or restoration may be performed at the discretion of the Client. Client will make every effort to contact the Artist if maintenance is required. To the extent practical, Artist shall be given the opportunity to perform or provide consultation of such repairs and restoration at a reasonable fee to be negotiated between the parties; provided, however, that if the parties are unable to agree on such fee, Client shall be free to engage a third party to perform the repairs and restoration, under the supervision of the Artist. 8. TERM, TERMINATION AND SURVIVAL.  8.1 This Agreement will commence as of the Effective Date and, unless sooner terminated pursuant to this Article, will remain in effect until completion of the Project. ARTWORK COMMISSIONING AGREEMENT page 4 Docusign Envelope ID: 1E0CB645-5270-47AA-87EB-8D8E57759177Docusign Envelope ID: 04C40C7C-1D5C-40F8-AB54-E2C7D9B79ACC