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~y recorder's Office~1 <br />PERSONAL SERVICES CONTRACT <br />Contract No. 2006-03854 <br />Architect ^ <br />Contractor ^ <br />Project Manager ^ <br />Copy/File ^ <br />BETWEEN: The City of Eugene, an Oregon Municipal Corporation (City) <br />AND: Betsy Wolfston dba Woof Works Studio <br />1170 W. 2"~ Ave. <br />Eugene, OR 97402 (Artist team member) and <br />David Thompson <br />4440 Theona Dr. <br />Eugene, OR 97402 (Artist team member) <br />RECITALS <br />WHEREAS, Artist team of Betsy Wolfston and David Thompson is engaged in the <br />business of artistic creation. <br />WHEREAS, City desires to engage Artist team to provide the services described <br />in this agreement and Artist team is willing to provide such services on the terms and <br />conditions set forth herein. <br />NOW THEREFORE, City and Artist team Agree as follows: <br />AGREEMENT <br />1. Incorporation of Exhibits. Definitions. Tenn. <br />1.1 The following exhibits are hereby incorporated into this Agreement and shall <br />form a part of the contract between the parties: <br />1.1 a. Exhibit A -Approved design concepts <br />1.1 b. Exhibit B -City of Eugene Standard Contract Provisions <br />1.1 c. Exhibit C -Document of Title and Acceptance <br />1.1 d. Exhibit D -City of Eugene Registration Form <br />1.2 When capitalized in this Agreement, the following words and phrases shall <br />have the special meanings set forth below: <br />"Work" means the artistic creation described in Section 2 and Exhibit A. <br />"Copy" means, with respect to the Work, any installation that is identical to <br />the Work in shape, image, finish and materials, whether of the same size as <br />the Work or in a reduced or enlarged scale. <br />"Copyright Act" means, as the context may require, either or both of the <br />Federal Copyright Act of 1976, as amendment (US Code Title 17, Sections <br />101 -122) and ORS 369.350-359.365. <br />"Derivative Work" means, with respect to the Work, any work based upon <br />the Work, including a photograph, sketch, diagram, description, other <br />pictorial depiction of the Work, and any physical object, which represents <br />an original work of authorship but adapts, transforms, or incorporates <br />significant elements of the Work. <br /> <br />Page 1 <br />