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21. MISCELLANEOUS PROVISIONS <br />a. Each undersigned represents and warrants that its signature herein below has the power, <br />authority and right to bind their respective parties to each of the terms of this Agreement, <br />and shall indemnify City fully, including reasonable costs and attorney's fees, for any <br />injuries or damages to City in the event that such authority or power is not, in fact, held <br />by the signatory or is withdrawn. <br />b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set <br />forth in the body of this Agreement. <br />C. City holds all rights to art installations on City Property. As such, the art installation <br />described in Exhibit A may be removed at the sole discretion of City, or as otherwise <br />agreed with Consultant. Should the art installation be defaced or otherwise not <br />maintained, City has the option to repair, maintain, preserve, or conserve the art <br />installation. Alternatively, City maintains sole authority to remove, relocate, or alter the <br />art installation. <br />d. If restoration or repair services of the art installation are required, Consultant shall be <br />given the first right of refusal to restore or repair the art installation. If Consultant is <br />unwilling or unable to perform these services within a reasonable time, as determined by <br />City, City shall have the right to request such services from another source. <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above <br />written. <br />ATTEST: <br />0 111 F!411� <br />N .10 <br />APPROVED AS TO FORM <br />SONIA R. CARVA�LHO <br />City A�to <br />By: <br />K e Nellesen <br />Assistant City Attorney <br />RECOMMENDED FOR APPROVAL <br />osas, <br />Acting Executive Director <br />Public Works Agency <br />CIT OF S TAANA <br />Alvaro Nunez <br />City Manager <br />CONSULTANT <br />