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3.8. The Artwork may not include any breach of intellectual property, trademarks, brands, or images of illegal activity, and the Artist must be the copyright holder for the Artwork. 3.9. If the Artwork is a mural, it must be covered in an anti-graffiti coating at the Artist's expense. 3.10. Should the Artwork be defaced and/or not repaired, maintained, preserved, and/or conserved, the City has the option to repair, maintain, preserve, and/or conserve the Artwork, or alternatively, the City as the sole authority to remove, alter, or remove the Artwork. 3.11. Artist will have first right of refusal to restore said Artwork. If Artist is unwilling to perform or unable to perform within a reasonable time, the City has the right to request the services needed from a different artist. 3.12. The City holds all rights to art on City property and, as such, the Artwork may be removed at the sole discretion of the City or as otherwise agreed upon with Artist. 4. Visual Artists Rights Act Waiver 4.1. The Artwork described herein may be a "work of visual art," subject to the federal Visual Artists Rights Act of 1990, 17 U.S.C. §§106A and 113(d) ("VARA"). This Agreement is intended to modify and replace the Artist's moral rights as set out in VARA, and any similar rights arising under United States federal or state law (including but not limited to California's Art Preservation Act) or under the laws of another country that convey rights of the same nature as those conveyed under VARA, to the extent that any portion of this Agreement is in direct conflict with those rights. 4.2. Artist agrees and understands that they have the authority to waive the rights conferred by VARA, in accordance with 17 U.S.C. §106A(e), and any rights arising under the United States federal or state law, or under laws of another country, that convey rights of the same nature as those conveyed under VARA that are herein waived, as against the City and its agents, and grant the City a license to reproduce the Artwork as described herein. 4.3. Alterations, Modifications or Removal of Artwork. The City has the right to move, remove or otherwise alter or modify the Artwork. The Artist acknowledges and understands that the installation of the Artwork may be subject to destruction, distortion, mutilation, or other modification due to the acts of third parties. 4.4. Limited VARA Waiver - 17 U.S.C. §106A(e). In consideration of the covenants and conditions in this waiver, and except as otherwise provided for in this waiver, the Artist agrees to waive any right that the Artist may have under VARA to prevent the removal of the Artwork, or the destruction, distortion, mutilation, or other modification of the Artwork which arises from, is connected with, or is caused or claimed to be caused by the removal, repair, conservation, maintenance or storage of the Artwork by the City