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~ ~ ..~ <br />however, the nature of the services.and the results to be achieved shall be <br />specified by City: Artist is not to be deemed an employee or agent~of City <br />and has na authority to make any binding°commitments or obligations on behalf <br />of City except to the extent expressly provided herein. <br />OWNERSHIP. The Artist retains all rights under the Copyright Act of. <br />1976, 17 U.S.C. 101_et seq., and all other rights in-and to the sculptures <br />except ownership and possession, except as such rights are.limited by this <br />Section. In view of:the intention that the sculptures.in their final dimen- <br />sions shall be unique, the Artist shall not maKe any~additional exact dupli- <br />cate, three-dimensional reproduction of the final works, nor shall the Artist <br />grant permission to others to do so except with the`wri.tten permission of the <br />City. The Artist grants to the Ci-ty and its assigns•an irrevocable license <br />to make two-dimensional reproductions of the sculptures for noncommercial <br />purpose, including but.not limited to reproductions used in advertising, <br />brochures, media publicity, and catalogues or other.similar publications, <br />provided that these rights are~exercised in a tasteful and~professional <br />manner. ~ <br />All reproductions by the City shall contain a credit to the Artist and a <br />copyright notice substantially in the following form: Artist name, date of <br />publication. <br />The Artist shall use his best efforts to give`a credit reading substan- <br />tially, "an original work owned and commissioned by the City of Eugene," in <br />any public showing under the Artist's control of reproduction of the sculp- <br />tures. ~ <br />STANDARD CONTRACT PROVISIONS. Artist shall comply with City's Standard <br />Contract Provisions, a copy of which is attached hereto on Exhibit A. <br />COMPLIANCE WITH LAWS. Artist shall comply with all applicable federal, <br />state and local laws, rules, ordinances and regulations at all times and in <br />the performance of the work. ~- - <br />OWNERSHIP OF WORK PRODUCT. All work products of the Artist which result <br />from this contract shal.l be the exclusive property of Ci:ty and,shall be <br />delivered to City upon completion of the work or the termination of this <br />contract. Artist may retain copies of any work product: <br />NOTICES. Any notices permitted or requ.ired by this contract shall be <br />deemed given when personally delivered.or,upon deposit in the United States <br />mail, postage fully prepaid,:certified, return receipt requested, addressed <br />to the parties at the address designated at:the close of"this agreement, or <br />such other address as either party may provide to the other by notice given <br />in accordance with this provision. <br />ATTORNEY FEES. In the event of any action to enforce or interpret this <br />contract, the:prevailing party shall be entitled to recover from the losing <br />party reasonable attorney fees incurred in the proceeding, as set by the <br />court, at trial, on appeal or upon review. <br />INTEGRATION. This contract embodies the entire agreement of ~he par- <br />ties. There are no promises, terms, conditions or obligations other than <br />Personal Services Contract - 4 <br />