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GJN3825 Woof Works Contract
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GJN3825 Woof Works Contract
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Last modified
7/14/2008 2:52:48 PM
Creation date
7/8/2008 3:49:14 PM
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PW_Capital
PW_Document_Type_Capital
Contracts
PW_Active
Yes
External_View
No
GJN
003825
GL_Project_Number
905173
Identification_Number
2006100313
COE_Contract_Number
2006-03854
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19. Saecial Covenants. <br />For so long as City owns the Work, City and Artist team shall have the following <br />special obligations and limitations on their respective rights: <br />19.1 Disposal Rights. Except as otherwise restricted in this Agreement, City <br />shall have sole and exclusive rights to sell, assign, convey, or otherwise dispose of its <br />ownership, title, and rights in the Work. <br />19.2 Copying Restriction. Artist team may reproduce a limited edition of up to <br />5 copies of the Work for resale. The Work may not appear in or on any public building <br />in Eugene, Oregon, either as a set or as individual pieces. Artist team may sell the <br />allowable copies to private buyers for residential installation with no restriction on <br />location. Artist team shall not license any other person to produce any Copy (as such <br />term is defined herein) of the Work without the express written consent of the City. City <br />may not condition its consent on any type of payment by the Artist team or any third <br />party. <br />19.3 Artist team's Right to Participate in Additional Services. City will give <br />Artist team at least thirty days' notice and opportunity to submit a proposal to perform <br />any of the following services: <br />19.3 a Removal of the Work from any installation, or installation of the <br />Work in any new location; <br />', 19.3 b Repair of damage to the Work, excluding routine maintenance or <br />restoration of deterioration or minor damage that can be performed by a <br />~` competent art conservator; <br />19.3 c A commission or contract for the creation of any derivative work <br />other than photographs of the Work. <br />19.4 Artist team's right to perform services for the removal, relocation or repair <br />of the Work, or under a commission for a derivative work, shall be subject to City's <br />approval of Artist team's qualifications for the particular type of work and the term and <br />conditions under which Artist team is willing to perform the work. To the extent <br />permitted by applicable law, however, Artist team shall have the right to match the <br />terms and conditions, including price, offered by the best proposals received by City <br />during any competitive procurement process and, all things being equal, shall be <br />preferred for the award of a contract for any of the work described in this subsection <br />19.4. Artist team's rights under this subsection 19.4 are personal to Artist team as an <br />individual. <br />19.5 Droit Morale. City acknowledges and agrees to Artist team's rights to <br />attribution and integrity as author of the Work under Section 106A of the Copyright Act <br />("Section 106A°). Artist team hereby covenants and warrants that neither Artist team <br />nor any of Artist team's successors, heirs or assigns will assert any claim to attribution <br />or control of the possession, use and management of the Work through any doctrine of <br />authorship, attribution, integrity or "droit morale" other than as provided in this <br />Page 9 <br />
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