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while installation is underway, which barrier shall be removed each day upon <br />completion of an installation session. <br />D. Property Rights <br />1. The Artist hereby waives any legal rights under Federal, State, local, and/or <br />Administrative law to maintain the artwork upon City property. The completed work <br />will be the property of the City, which retains the sole and absolute right and <br />discretion to remove, modify, or replace the utility box, components of the utility <br />box, or the artwork if necessary without compensation or notice to the artist. <br />2. The Artist grants the City the right to use any images, photographs or video of the <br />artwork and the installation process for publicity or promotional purposes and <br />agree that the results of such activity shall remain the sole property of the City. <br />E. Payment <br />1. In addition to the $400 artist fee for the artwork on the utility box located on Bristol <br />and Edinger, City will compensate Artist for restoration of artwork on utility box <br />located on Bristol and MacArthur, as part of the Utility Box Art Program, in the <br />amount of $200. <br />2. City agrees to pay, and Artist agrees to accept as an amount not -to -exceed $700 <br />during the term of this Agreement. Compensation shall be divided into two (2) <br />separate payments. The first amount in $500 shall be issued after final execution <br />of the Agreement. The final payment of $200 shall be issued upon the completion <br />of the project. <br />3. Payment by City shall be made within forty-five (45) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures, <br />and five (5) photographs documenting the completion of artwork on all five sides <br />of the assigned utility box. Payment need not be made for work which fails to meet <br />the standards of performance set forth in the Recitals which may reasonably be <br />expected by City. <br />F. Indemnity and Release of Liability <br />1. Artist shall defend, indemnify, protect and hold harmless the City, or their elected <br />and appointed officers, employees, members or agents from and again all claims <br />for damages, liability, cost and expense (including without limitation attorney's <br />fees) arising out of or alleged by third parties to the by the result of the negligent <br />acts, errors or omissions or the willful misconduct of the Artist, and Artist's <br />employees, subcontractors or other persons, agencies or firms for whom Artist is <br />N <br />