4.13. SR 05-18-2015 - Laserfiche WebLink

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(b) The CITY shall notify the ARTIST in writing of CITY'S final acceptance of the ART WORK. (c) Final acceptance shall be given by the CITY within 30 days of receipt by CITY of written notice by ARTIST under Section 1.3(a), and acceptance shall be deemed to have been given by the CITY unless prior to the expiration of the 30 -day period, the CITY gives the ARTIST written notice specifying and describing the services which have not been completed. 1.4 Risk of Loss The risk of loss or damage to the ART WORK shall be borne by the ARTIST until final acceptance by the CITY, and the ARTIST shall take such measures as are necessary to protect the ART WORK from loss or damage until installation of the sculpture is completed. 1.5 Liability, Indemnification and Insurance (a) The ARTIST agrees to indemnify, defend and hold City and its officers, employees, and agents harmless from any and all loss, cost, damage and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions or suits based upon or alleging bodily injury, including death, or property damage arising out of or resulting from ARTIST'S operations, duties or responsibilities under this Agreement, whether such be by ARTIST itself or by any subcontractor or by anyone directly or indirectly employed by either of them. (b) The ARTIST and all employees of the ARTIST shall each effect and maintain insurance to protect the ARTIST from claims under workers compensation acts; claims for damages because of bodily injury including personal injury, sickness or disease, or death of any of their employees or of any person other than their employees; and from claims for damages because of injury to or destruction of tangible property; including loss of use resulting therefrom; and from claims arising out of their performance of professional services caused by errors, omissions, or negligent acts for which the ARTIST is legally liable. 1.6 Title Title of the ART WORK shall pass to the CITY upon CITY'S final acceptance of the completed ART WORK. Article 2. Compensation and Payment Schedule 2.1 Fixed Fee The CITY shall pay the ARTIST Twelve Thousand and No /100 ($12,000.00) Dollars which shall constitute full compensation for all taxes, fees, services, expenses and materials, to be performed and furnished by the ARTIST under this Agreement. The fee shall be paid in two installments: 50% upon execution of this Agreement and the final 50% upon acceptance by the City.