Agenda - 06-16-2009 - 4p - Laserfiche WebLink

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-5 Copyright Act of 1976, 17 U.S.C. § 101 et seq.; (c) the Artist Team has not transferred or licensed any interest in the copyright; (d) that the Art Work, or a duplicate thereof, has not been accepted for sale elsewhere; (e) the Art Work is free and clear of any liens from any source whatever; (f) the fabrication and installation of the Art Work will be performed in a Art Workmanlike manner; (g) for a period of two years after the final acceptance of the Art Work, the Art Work, as fabricated and installed, will be free of defects in material and Art Workmanship, including any defects consisting of "inherent vice" or qualities which cause or accelerate deterioration of the Art Work, and (h) for a period of two years after the final acceptance of the Art Work, reasonable maintenance of the Art Work will not require procedures substantially in excess of those described in the maintenance recommendations to be submitted by the Artist Team. b. The Artist acknowledges that the County is an intended beneficiary of the warranties made herein,- and such warranties shall accrue to the benefit of the County. ARTICLE 9. INSURANCE a. The Artist Team shall purchase and maintain until installation of the Art Work and Final Acceptance, personal injury, property and general liability insurance from an insurance company acceptable to the County and authorized to do business in the State of North Carolina in sufficient and reasonable amounts to cover applicable risks. The County shall be named as an additional insured on all such policies. The Artist Team shall furnish the County with a Certificate of Insurance which shall contain a provision that County shall be given 30 days written notice prior to any amendment or termination of the policy by either the insured or the insuring company. b. In the event of loss or damage prior to installation, it will be the responsibility of the Artist to cover costs associated with the replacement of the Art Work. ARTICLE 10. INDEMNITY The Artist Team shall indemnify and hold harmless the County, each officer, agent and employee of County, against all claims against any of them for personal injury or wrongful death or property damage arising out of the negligent performance of professional services by the Artist Team or caused by any negligent act, error or omission of the Artist Team, or anyone employed by the Artist Team in the performance of this Agreement. To the extent allowed by law, the County shall indemnify and hold harmless the Artist Team for all claims against the Artist Team for personal injury or wrongful death or property damage arising out of the negligence of any officer or employee of the County. The foregoing is not intended as a waiver of governmental immunity by the County. ARTICLE 11. COPYRIGHT PROVISIONS a. Following installation and Final Acceptance of the Art Work, the County shall have and own all right, title and interest in and to the physical media embodying or encompassing the Art Work. b. The Artist Team shall not transfer any copyright interest or privilege in and to the Art Work without the prior written consent of the County;