Orange County NC Website
3 <br />ARTICLE 4. FINAL ACCEPTANCE <br />Within thirty (30) days after installation of the Art Work at the Site, and receipt of the final <br />report, the County shall either accept the Art Work by written notice to that effect or notify the <br />Artist of nonconformities or other failure to provide all services required. The Artist shall then be <br />given a reasonable period of time not exceeding fifteen (15) days to cure such nonconformities <br />and provide required services, or to come to agreement with the County on the steps to cure such <br />non-conformities according to a mutually acceptable schedule. If the County does not notify the <br />Artist of nonconformities or other failure to provide all services required within thirty (30) days <br />after the delivery and installation of the Art Work, it shall be deemed to have accepted the Art <br />Work. <br />ARTICLE 5. RISK OF LOSS <br />The risk of loss or damage to the Art Work shall be borne by the Artist until delivery, and the <br />Artist shall take such measures as are necessary to protect the Art Work from loss or damage <br />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 a total of $5,000, which shall constitute full compensation for all <br />services and materials to be performed and furnished by the Artist under this Agreement. The <br />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 does not complete the Art Work and/or deliver <br />and install it in accordance with the terms of the Approved Proposal or this Agreement, as may <br />be amended in writing by the Parties, the County shall be c;ntitled to ~ein~:bursement for all <br />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. The Artist shall be responsible for the payment of all mailing or shipping charges <br />on submissions to the County, the costs of storage, transporting, delivery and installation of the <br />Art Work at the site, and costs of all travel by the Artist and the Artist's agents and employees <br />necessary for the proper performance of the services required under this Agreement. <br />