Orange County NC Website
5 <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 />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 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 entitled to reimbursement 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 />The County shall make no payments to the Artist until such time as the County has received <br />accurate invoices submitted in accordance with the schedule described above that describe the <br />work accomplished. The County shall pay within 30 days of receipt of all accurate invoices. <br />ARTICLE 8. WARRANTIES <br />a. The Artist represents and warrants that (a) the Art Work is solely the result of the <br />artistic effort of the Artist; (b) the Art Work is unique and original and does not <br />infringe upon any copyright such that the Artist obtains rights under the Copyright <br />Act of 1976, 17 U.S.C. § 101 et seq.; (c) the Artist has not transferred or licensed any <br />