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~. <br />~` <br />rent negligence of Artist and the Arts Commission, each party shall assume responsibility in <br />proportion to the degree of its respective fault as determined by mediation. <br />13. WORKER'S COMPENSATION <br />(a) Artist or employee or subcontractor of Artist shall not be covered by <br />Worker's Compensation Insurance purchased by the County. The County will not be re- <br />sponsible for damages arising from personal injury to the Artist and his or her agents, as- <br />sistants and contractors, while they are present at the mural site, unless the personal in- <br />jury was caused by the negligence of the County, its employees, or agents. Nothing in <br />this Agreement is intended to serve as a waiver of sovereign or governmental immunity <br />by Orange County. <br />(b) Artist shall also be responsible to take all reasonable precautions for the <br />safety of and provide all reasonable protection to prevent damage, injury, or loss to (i) all <br />employees on the project and other volunteers or persons who may be affected thereby; <br />(ii) all of the work and materials and equipment to be incorporated in the work or the <br />project, whether stored on or off the site, under the care, custody, or control of Artist or <br />any of the subcontractors; (ii) other property at the site or adjacent thereto including <br />trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities. <br />(c) Artist shall be responsible for initiating, maintaining, and supervising all <br />safety precautions and programs in connection with the project or work. <br />14. TERMINATION. Either party may terminate this Agreement for cause if the other <br />party fails to perform any material obligation hereunder. In the event Artist abandons the art <br />work, defaults on any material term of this Agreement or otherwise causes it to be termi- <br />nated without cause prior to completion of the work, Artist shall not be entitled to recover <br />further compensation from the Arts Commission, and Artist shall be liable for any additional <br />costs that the Arts Commission has to assume because Artist terminated without cause. If the <br />Arts Commission fails to perform any material obligation hereunder, including failure to pay <br />Artist, Artist may cease work and exercise any remedies available under law. <br />15. ART PRESERVATION. The mural is intended to be a "Temporary Installations <br />Made for the Elements". The Arts Commission may at its discretion remove the art work. <br />Provided however, the Arts Commission must provide written notice to the Artist ten (10) <br />days prior to removal of the mural. <br />16. MISCELLANEOUS TERMS AND CONDITIONS <br />(a) The Arts Commission agrees to acknowledge Artist in connection with this <br />project in, but not limited to, publicity, presentations, exhibitions, reports, fundrais- <br />ing activities, etc. <br />(b) Any substantive change in the project, including but not limited to a major <br />change in size, site, or sponsorship may void this contract or be cause for it to be re- <br />