Orange County NC Website
i~- <br />nonconformities and provide required services, or to come to agreement with the County on the <br />steps to cure such non-conformities according to a mutually acceptable schedule. If the County <br />does not notify the Artist Team of nonconformities or other failure to provide all services <br />required within thirty (30) days after the delivery and installation of the Art Work, it shall be <br />deemed to have accepted the Art Work. <br />ARTICLE 5. RISK OF LOSS <br />The risk of loss or damage to the Art Work shall be borne by the Artist Team until delivery, and <br />the Artist Team shall take such measures as are necessary to protect the Art Work from loss or <br />damage until delivery. <br />ARTICLE 6. TITLE <br />Title to the Art Work shall pass to the County upon final acceptance. Such title shall allow the <br />County to maintain, relocate on the Site or elsewhere, store, sell or otherwise dispose of the Art <br />Work. <br />ARTICLE 7. COMPENSATION AND PAYMENT SCHEDULE <br />The County shall pay the Artist Team a total of $5,000, which shall constitute full compensation <br />for all services and materials to be performed and furnished by the Artist under this Agreement. <br />The Artist Team may invoice the County based on the schedule below: <br />a. $2,500 upon delivery and installation of the Art Work to the Site. <br />b. $2,500 upon completion of the scope of services of this Agreement, delivery of final <br />report, and Final Acceptance. <br />Provided, however, that in-the event the Artist Team does not complete the Art Work and/or <br />deliver and install it in accordance with the terms of the Approved Proposal or this Agreement, <br />as may be amended in writing by the Parties, the County shall be entitled to reimbursement for <br />all installment payments made after payment "a" above. If the County, however, chooses to <br />terminate the agreement through no fault of the Artist, the Artist will retain all payments made <br />up to the point of termination. <br />Any sales, use or excise taxes or similar charges relating to services and materials shall be paid <br />by the Artist Team. The Artist Team shall be responsible for the payment of all mailing or <br />shipping charges on submissions to the County, the costs of storage, transporting, delivery and <br />installation of the Art Work at the site, and costs of all travel by the Artist Team and the Artist <br />Team's agents and employees necessary for the proper performance of the services required <br />under this Agreement. <br />The County shall make no payments to the Artist Team until such time as the County has <br />received accurate invoices submitted in accordance with the schedule described above that <br />describe the work accomplished. The County shall pay within 30 days of receipt of all accurate <br />invoices. <br />ARTICLE 8. WARRANTIES <br />a. The Artist Team represents and warrants that (a) the Art Work is solely the result of <br />the artistic effort of the Artist Team; (b) the Art Work is unique and original and does <br />not infringe upon any copyright such that the Artist obtains rights under the <br />