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The warranties described in this Section 4.2 shall survive for a period of five (5) years <br />after the final acceptance of the ART WORK. The CITY shall give notice to the ARTIST of any <br />observed breach with reasonable promptness. The ARTIST shall, at the request of the CITY, <br />and at no cost to the CITY, cure reasonably and promptly the breach of any such warranty which <br />is curable by the ARTIST and which cure is consistent with professional conservation standards <br />(including, for example, cure by means of repair or refabrication of the ART WORK). Warranty <br />does not include damage due to neglect, vandalism or acts of God. Warranty does not include <br />patina to include changes of color due to the natural aging process of the patina. <br />Article 5. Reproduction Rights <br />5.1 General <br />The ARTIST retains all rights under the Copyright Act of 1976, 17 U.S.C., 101 et. seq., <br />and all other rights in and to the ART WORK except City ownership and possession, except as <br />such rights are limited by this Section 6.1. The ARTIST shall not make any duplicate <br />reproductions of the final ART WORK, nor shall the ARTIST grant permission to others to do so <br />except with the written permission of the CITY. The ARTIST grants to the CITY and its assigns <br />a royalty -free, irrevocable license to make two dimensional reproductions of the ART WORK <br />for educational and/or non - commercial purposes, including but not limited to reproductions used <br />in advertising, calendars, posters, brochures, media, publicity, catalogues, museum, educational <br />and development projects, or other similar publications, provided that these rights are exercised <br />in a professional manner. <br />5.2 Notice <br />All reproductions by the CITY shall contain a credit to the ARTIST and a copyright <br />notice substantially in the following form: [ARTIST'S NAME], date of publication. <br />5.3 Registration <br />The ARTIST may cause to be registered, with the United States Register of Copyrights, a <br />copyright of the ART WORK in the ARTIST'S name. <br />Article 6. ARTIST as Independent Contractor <br />The ARTIST shall perform all work under this Agreement as an independent contractor <br />and not as an agent or an employee of the CITY. The ARTIST shall not be supervised by any <br />employee or official of the CITY, nor shall the ARTIST exercise supervision over any employee <br />or official of the CITY. <br />Article 7. Assiannents, Transfer, Subcontracting <br />7.1 Neither this Agreement nor any interest herein shall be transferred by the <br />ARTIST. Any such transfer shall be null and void. <br />0 <br />