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Donation Agreement FOR ART WORK THIS Donation Agreement is made between the CITY OF PLEASANTON, a municipal corporation ("City") and Billy Eads ("Artist"). WITNESSETH: August 1, 2005 WHEREAS, City desires to review and consider acceptance of a certain work of art, entitled Whooping Sfick, which has been conceived and designed by Artist; and WHEREAS, Artist is willing to transfer ownership of the Work to City if City is willing to accept. NOW, THEREFORE, the parties hereto agree as follows: Review. City shall review the Work from Artist for three months, beginning August 1, 2005, and ending November 30,2005, for the purpose of public display and to receive public comment thereon regarding the Work 2. Option to Accept Dedication. City shall have an option to accept dedication of the Work, at the end of the 3-month review period. If at the end of the review period City elects not to exercise its option to accept the dedication, City shall return the Work to Artist. 3. Representations and Warranties. Artist presents and warrants that the Work will be free from any defects in materials and workmanship, and that the Work is free and clear of any liens or encumbrances from any source and of any kind or nature whatsoever. Artist further represents and warrants that the Work is solely the result of the artistic and creative effort of Artist, is original, one of a kind, and does not, to Artist's knowledge, infringe upon any copyright. Artist and City agree that Artist shall have the right to reproduce the Work for the sole purpose of creating small-sized greeting cards. Artist shall not duplicate this Work for any other project without written consent by City. Notwithstanding the foregoing representation and warranty, City hereby acknowledges that Artist has used in the past and may use in the future some of the same elements comprising the Work and the Artist reserves the right to use elements and portions of the Work in other works of art indifferent configurations. 4. Risk of Loss. During the review period, City shall indemnify Artist up to $1,000 for any damage or loss to the Work.