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2.3. Appropriate performance of the Artwork by Artist will be determined by City in its sole <br />discretion. City reserves the right to cease funding after the first disbursement detailed <br />above, and to be reimbursed the initial payment, if Artist's performance is determined to <br />be insufficient or unacceptable in the City's sole discretion. <br />2.4. City represents that there is no correlation or connection between its selection of <br />individuals for funding and an individual's business relationship or potential business <br />relationship with City. <br />3. Activities. Artist agrees: <br />3.1. Artist is hereby retained to furnish all labor, materials, tools, equipment, services, and <br />incidental and customary work necessary to design, fabricate, transport and install the <br />Artwork ("Services") on the Site in accordance with the schedule of completion as <br />described in Exhibit A attached hereto and incorporated herein by reference. <br />3.2. Artist shall be responsible for complying with all Federal, State and local laws, <br />ordinances, statutes and regulations, including, but not limited to zoning and <br />environmental requirements, and for obtaining all required licenses, permits, or other <br />authorizations applicable to the performance of Artist's Services under the Agreement. <br />3.3. Artist shall execute and deliver to City any instruments that City may reasonably <br />require to confirm ownership of the Artwork. <br />3.4. Artist shall maintain all pertinent financial and accounting records pertaining to this <br />Agreement in accordance with generally accepted accounting principles and other <br />procedures reasonably specified by City. Upon termination or expiration of this <br />Agreement or request by City, Artist shall provide, at its expense, copies of all financial <br />and accounting records produced by it arising out of this Agreement. <br />3.5. Artist shall allow audits, compliance or special reviews and inspections, including on - <br />site inspection, with or without prior notice, of Artist's facilities by City or by third parties <br />designated by City, or their authorized representatives. Artist shall provide its full <br />cooperation for any such audit, review or inspection, including providing timely access, <br />for examination and copying of records (including computerized records) pertinent books, <br />documents, papers, computer programs and records and reasonable access to its <br />personnel. <br />3.6. Artist shall ensure that the Site is maintained and restored to a well -maintained, safe, <br />sanitary, and clean condition, and kept free of any hazardous waste at all times. All <br />equipment associated with the Services and installation of the Artwork, trash and debris <br />shall be removed and cleaned up on a daily basis. Artist shall place a drop cloth or similar <br />barrier on the ground below the Artwork while installation is underway, which barrier shall <br />be removed each day upon completion of an installation session. <br />3.7. The Artwork may not contain advertising, religious art, sexual content, negative or <br />violent imagery, convey political partisanship or include any hidden, subliminal or <br />