Orange County NC Website
6 <br />ARTICLE I1. INVOICES <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 in ARTICLE 10 that <br />describe the work accomplished. The County shall pay within :30 days of receipt of all accurate <br />invoices. <br />ARTICLE 12. WARRANTIES <br />a. The Artist represents and warrants that (a) the Art Work is solely the result of the artistic <br />effort of the Artist; (b) except as otherwise disclosed in writing to the County, the Art Work <br />is unique and original and does not infringe upon any copyright such that the Artist obtains <br />rights under the Copyright Act of 1976, 17 U.S,C. § 101 et seq.; (c) the Artist has not <br />transferred or licensed any interest in the copyright; (d) that the Art Work, or a duplicate <br />thereof, has not been accepted for sale elsewhere; (e) the Art Work is free and clear of any <br />liens from any source whatever; (f) the execution and fabrication of the Art Work will be <br />performed in a Art Workmanlike manner; (g) for a period of two years after the final <br />acceptance of the Art Work, the Art Work, as fabricated and installed, will be free of defects <br />in material and Art Workmanship, including any defects consisting of "inherent vice" or <br />qualities which cause or accelerate deterioration of the Art Work, and (lr) for a period of two <br />years after the final acceptance of the Art Work, reasonable maintenance of the Art Work <br />will not require procedures substantially in excess of those described in the maintenance <br />recommendations to be submitted by the Artist. <br />b. The County shall give notice to the Artist of any observed breach with reasonable <br />promptness. The Artist shall, at the request of County, and at no cost to County, cure <br />promptly the breach of any warranty which is curable and which cure is consistent with <br />professional conservation standards (including for example, cure by means of repair or <br />refabrication of the Art Work), The Artist shall provide Commission with copies of all <br />written warranties associated with construction, fabrication, and installation of Art Work, <br />c. The Artist acknowledges that the County is an intended beneficiary of the warranties <br />made herein, and such warranties shall accrue to the benefit of the County. <br />ARTICLE 1.3. INSURANCE <br />The Artist shall purchase and maintain until installation of the Art Work and final acceptance by <br />the County, insurance from an insurance company acceptable to the County and authorized the <br />term of this contract to do business in the State of North Carolina. Such insurance shall include <br />commercial general liability insurance covering, bodily injury and property damage in the <br />amount of at least $500,000.00 bodily injury, each occurrence/aggregate, and at least <br />$500,000.00 property damage, each occurrence/aggregate, and at least $500,000..00 bodily injury <br />and property damage combined single limits, each occurrence/aggregate, which insurance <br />includes coverage for contractual liability, personal injury liability and products/completed <br />operations. The County shall be named as an additional insured on all such policies. The Artist <br />shall furnish the County with a Certificate of Insurance which shall contain a provision that <br />County shall be given 30 days written notice prior to any amendment or termination of the policy <br />by either the insured or the insuring company. <br />