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with the negligence or willful misconduct of its officers, officials, employees, or <br />agents in connection with the creation, painting or installation of the artwork. <br />3. To protect the City, Artist shall execute a Release of Liability before participating <br />in the Utility Box Art Program. A true and correct copy of the Release of Liability <br />form is attached hereto as Exhibit A and incorporated herein by this reference. <br />All terms and requirements of the Release of Liability shall be enforceable in <br />addition to all terms and requirements of this Agreement. <br />G. Repairs <br />1. If any component of the City's traffic signal system is damaged as a result of the <br />artists' work, the artist shall arrange for a licensed contractor to repair the <br />damage at the artists' sole expense. <br />2. The artist has the first option to repair artwork if damaged. When vandalism to <br />the artwork is reported or touch-up to the artwork is needed, the City will contact <br />the artist for first refusal, and the artist will be given 30 days to respond. If there is <br />no response within that timeframe or if the artist declines, the City reserves the <br />right to repair, remove, or modify damaged artwork as it sees fit. <br />3. It is the responsibility of the artist to update the City with their current contact <br />information so that staff can contact them should repairs be necessary. <br />H. Termination <br />1. The City may terminate this Agreement at any time for any reason. If the <br />Agreement is terminated by the City after the painting of a utility box has <br />commenced, Artists shall be entitled to reasonable compensation for work <br />performed to date, minus any offset representing the City's damages should <br />termination result from Artist's breach of contract. Artist hereby expressly waives <br />any and all claims for damages or compensation arising under this Agreement <br />except as set forth herein. <br />I. General Terms <br />1. Artist is not and any of the Artist's agents, employees or representatives are, for <br />all purposes under this agreement, an independent contractor and shall not be <br />deemed to be an employee of the City, and none of them shall be entitled to any <br />benefits to which City employees are entitled including but not limited to, <br />overtime, retirement benefits, work's compensation benefits, injury leave or other <br />leave benefits. <br />2. Neither party shall assign any rights or obligations under this Agreement. <br />M <br />