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~ _J..,-~ BPa11d011 COIe marine photography
<br /> ' 4917 N. Boeing Rd., Spokane Valley, WA 99206 USA
<br /> ' web: www.brandoncole.com a-mail: brandoncole@msn.com
<br /> tel: 509.535.3489
<br /> r~®AI
<br /> _~A
<br /> ~,TE.__-- Invoice Memo- # 2142
<br /> a rr~A~s
<br /> TO: Jeffrey Jane Flowers, Graphic Designer DATE: 8.16.08
<br /> CITY OF EUGENE PUBLIC WORKS P.O # b~ 7~ ~ o
<br /> 858 Pearl Street Ordered by: J. Flowers 5"~ S . ~9L1 ' 6,.L
<br /> ~ Eugene, OR 97401
<br /> tel: 541-682-8482 ~~~riw~ti,.,--.,
<br /> Description of photographs and usage 2 salmon for use on educational poster r g~u/~8
<br /> Photo code: Description: Use/Size: Fee:
<br /> mb20 salmon over-under one educational printed poster for classroom education /approx 9" x 15" $
<br /> kf1801 salmon eggs one educational printed poster for classroom education /approx 4" x 2.5" $
<br /> Note: Cole authorizes special discounts down to $250 package price $ 250
<br /> TERMS OF LICENSE- Upon receipt of payment in full of $ 250 USD, Cole licenses CITY OF EUGENE PUBLIC WORKS one-
<br /> . time, non-exclusive editorial reproduction rights to publish photos mb20 and kf1801 once each in one printed (on paper)
<br /> version/edition only of an educational poster to be given out to schools as part of an educational program discussing stormwater.
<br /> I Poster's overall size: approx. 13" x 39". Photos to be reproduced at approx. 9" x 15" and 4" x 2.5" respectively. Print run: 500
<br /> copies. Distribution: North American only. Languages: English only. Photo credit "Photo ©www.brandoncole.com" to be included.
<br /> Electronic use rights are NOT automatically conferred by this print use licensing. No usage is herein granted for advertising,
<br /> promotion, Internet, web, PDF, CD-Rom, a-book, archiving, or other electronic or digital use. Additional use of any kind
<br /> whatsoever, in any media or by any means of distribution, requires an additional licensing fee- Please call us.
<br /> SUBTOTAL:$ 250
<br /> Credit line must read: 'Copyright ©Brandon Cole' OR'www.brandoncole.com' Research Fee: $ _
<br /> -Usage anal~ig ts: Rights to reproduction of photographs are granted only upon Other ( $
<br /> Cole's receipt of payment of invoice in full. Any use prior to such payment may be considered an infringement
<br /> o copyrlg ny use not speci Ically granted in this license constitutes copyright infringement. TOTAL DUE: 250
<br /> Please make check payable to: Brandon Cole Thank you-
<br /> Federal Tax ID#: 83-0383262
<br /> I Terms and Conditions:
<br /> i 8oth parties agree that the following terms and conditions embody all of the understandings and obligations between [he parties hereto:
<br /> 1) "Pflutographer" refers to Brantlon U. Cole. "I'hotographa" means all photographic material furnished by Photographer, whether transparencies, digital files, scans, or otherwise.
<br />"Client" refers to the commis
<br /> stoning party, recipient of Photographs, or company named above and including, but not limited to, its representatives, employees, agents, affiliates, assigns, heirs, successors,
<br />and freelance researchers.
<br /> 2) Except as otherwise specifically provided herein, all Photographs and rights therein, including copyright, remain the sole and exclusive property of Photographer. Any additional
<br />uses require the prior
<br /> written aggrement of Photographer on terms to be negotiated. Unless otherwise expressly provided herein, any grant of rights is limited to one (1) year from the date hereof for the
<br />territory of the United
<br /> States and such rights are one-time, non-exclusive, English language only, USA editorial print (on paper) reproduction rights only.
<br /> 3) Time is of the essence for receipt of payment and return of photographs. No rights are granted until Cole's receipt of payment of this invoice in full. Payment is required within
<br />thirty (30) days of invoice.
<br /> Five (5) % per month service charge on unpaid balance is applied thereafter. Adjustment of the amount of terms must be requested within ten (10) days of invoice receipt.
<br /> 4) Reimbursement by Client for loss or damage shall be in the amount of One Thousand Five Hundred Dollars ($1500.00) for each original transparency, One Hundred Dollars ($100.00)
<br />for each 70mm repro
<br /> I dupe, Twenty Five Dollars{$25.00)for each 35mm dupe,.a0d.$19.for.each.CD-.Rnm.. Clientand Photographer ogre®.thatsaidJiquidated damageamountroprosontelho fair-androaeonablo-valuoof
<br />oachitom. -
<br /> 5) Permission to scan or digi8ze Photographs is granted for pre-press purposes only, provided the digitized versions are stored only as long as work on the project is in progress.
<br />When the project is
<br /> complete all digitized versions of the Photographs must either be destroyed or returned to the Photographer. Any scans or digital files made of the Photographs become and remain the
<br />property of the
<br /> .Photographer. Photographer retains full and legal ownership and copyright of all Photographs at all times. At no time is ownership or copyright in Photographs transferred to
<br />Client.
<br /> 6) This submission is conditioned on the return of all delivered items safely, undamaged, and in the condition delivered. Client assumes all risk for all photographic materialsupplied
<br />by Photographer from -
<br /> time of receipt by to time of actual receipt by Client of Photographs by Photpgrapher. Clientassumes..insurer's liability, o4i_bailee's:for such retum prepaid and fully
<br /> insured by bonded messenger, air freight, or registered mail. Federal Express is the recommended delivery agent in all cases. Client assumes insurePs Iiabillry-toindemnifyPhotographerfor'all
<br />loss,
<br /> damages, or misuse of any photographs. Client assumes full liability for its employees, agents, assigns, messengers, and freelance researchers for any loss, damage, or misuse of these
<br />images
<br /> 7) Photographer's copyright notice-'Copyright ©.Brandon Cole'. or'www.brandoncole.cam'.must accompany each use as an adjacent credit Iine.Jnvoiceamount shallbe tripled if saidcredit
<br />line is not provided.
<br />
<br /> - Client acknowledges that such-a tnple feeds fair and reasonable forphotographer's loss of~Yecognition and lack of copyright protection resulting from lackof or improper copyright
<br />notice/credit line.
<br /> 8) Client may not assign or transfer this agreement, or any rights granted hereunder, to any third party. This agreement binds and inures to the benefit of Photographer, Client, Client's
<br /> -
<br /> pnncipals, employees, agents, and affiliates and their respectiveheirs;-legal representatives, successors, and assigns. Client anditsprincipals, employees, agents, and affiliates
<br />arejointlyand severally
<br /> liable for the performance of all payment and other obligations hereunder:--Noamendmenforwaiverofanytermsisbindingunlesssetforth-in writing:and-signed by the:parties;--This agreement
<br /> incorporates by reference Articles 2 and 3 of the Uniform Commercial Code and the Copyright Act of 1976, as amended. Client may not reprint Photographs, or sell or license Photographs
<br />to. any third party.
<br /> 9).Any dispute inconnection with this stock picture invoice including its validity;ihterpi'efation, performance, or breach shalFbe arbitrated in Spokane,-Washington-pursuant-tothe
<br />rules ofthe-American
<br /> Arbitration Association and the laws of Washington. Judgement on the Arbitration awardmay be entered on thehighest Federal nr StateCnurt havinn ~ui risdictinn. Any dispute involving_51500:_00
<br />nr less
<br /> maybe submitted,.withoutarbittation, toany Court having jurisdiction thereof. Client shall pay all arbitration and Court costs, reasonable Attorney's fees,. lus gal interest on
<br />any award or judgement
<br /> 10) Client agrees that the above terms are made pursuant to Artcles 2 and 3 of the Uniform-Gommercial-Code and a rees to be bound-b the same, ipcludin s ecificall the above clause
<br />9 to arbi
<br /> 9 -_Y 9 P Y tl3te_dlSpUtest--
<br /> 11.) Client will mdemmfy and defend Photographer against all clarm5, liability, damages, costs, and expenses, Including reasonable Ieyal fees and r;xpcnses, arisiny out of amuse.
<br />yf any
<br /> photographs for which no release was furnished by Photographer,or any photographswhich are alteredby Client.: Unless sofumished norelease exists __-_-,,,-Y-
<br /> '17) nhj~rtion to the above terms must be made in writing within tgn.(10) days of this memo's.receipt.:Holdiny.Photuyrapbsfor..rnorettran.48 heurs, oause-of Photographs In ao.:.:
<br />~ lubllCatlon,-
<br /> or payr ~ n ~ ~f this invoice, constitutes arreptance of the above terms which incorporates heroby Article, 2 and 3 of theLniform Commercial Code andthe_Copyright Act of 19 ~
<br /> 13). Cli ~r.~.~.altprovido aLleasftv;n freernp'sr- ~e.:. pn~a.inn 5. :print-and-a-semi-annualst~tornontofsalesend-subsrdiery-uses far ptiotographs~ppaarirrg-in books. -
<br /> a Pd I : n•ents musttie mods , F I -a i snk, 2) u,i ~ - ~ r i I S -$-:Forpayments made bycheckdrawn on abank-outside the°IJSA;~dd - -
<br /> ro4u tie. surcharge to_cover_bank currency_conversion-charges. For wire transfers, add g"5-U.S. to cover bank service chargesr - - ~ - -
<br /> page 1 of 1 Version 3.15.Or~
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