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<br />The County will not compensate the Artist for loss or damage of the Art Wark before it is
<br />delivered to the Southern Human Services Center, Iu the event of loss or damage, it will be the
<br />responsibility of the Artist to cover costs associated with the replacement of the Art Work.
<br />ARTICLE 14~ INDEMNITY
<br />The Artist shall indemnify and hold harmless the County, each officer, agent and employee of
<br />County, against all claims against any of them far personal injury or wrongful death or property
<br />damage arising out of the negligent performance of professional services or caused by any
<br />negligent act, error or omission of the Artist, or anyone employed by the Artist in the
<br />performance of this Agreement. Additionally, the Artist shall indemnify and hold harmless the
<br />County from and against any lien claim of the Artist, its subcontractors, and their respective
<br />subcontractors. No funds associated with this contract maybe used to pay indemnity, provided,
<br />however, that the Artist shall be entitled to purchase insurance out of the funds associated with
<br />this contract. To the extent allowed bylaw, the County shall indemnify and hold hazmless the
<br />Artist for all claims against the Artist for personal injury or wrongful death or property damage
<br />arising out of the negligence of any officer or employee of the County.
<br />ARTICLE 15. COPYRIGHT PROVISIONS
<br />a. Following installation and final acceptance of'the Art Work, the County shall have and own
<br />all right, title and interest in and to the physical media embodying or encompassing the Art
<br />Work.. Soth before and after such installation and acceptance, the Artist shall retain all rights
<br />he may have under the copyright Act of 1976, USC 101 et seq., and all other intellectual
<br />property rights in and to the Art Work, the design proposal and all elements thereof, and
<br />incidentals except, as expressly provided in this Agreement.
<br />b. The Artist hereby grants to the County nontransferable, non-exclusive licenses authorizing
<br />the County to:
<br />i.. Make photographic or othertwo-dimensional reproductions of the Art Work, including
<br />reproduction for exhibition catalogues, books, slides, photographs, postcazds, calendazs,
<br />magazines, books, news services, provided that the County shall not sell such
<br />reproductions without the prior consent of the Artist. The County and Artist will agree to
<br />compensation for sale of catalogues, books, slides, photographs, postcards, calendars,
<br />magazines, books, and news services featuring Art Work;
<br />ii.. Use and display of the Art Work or anytwo-dimensional reproductions of the Art
<br />Work in advising, publicity or public service materials for the County, any public agency
<br />thereof, or for any event associated with the County, or associated with the display of the
<br />Art Work;
<br />iii.. Display the Art Work publicly or privately whether or not for charge;
<br />iv.. Register the Art Work under the Copyright Act or renew any regishation so long as
<br />such registration includes the Artist as the owner of the copyright of the Art Work, and;
<br />v._. Initiate and prosecute any suit for the infringement of the copyright of the Art Work.
<br />The County shall not be obligated to pay any royalty for such licenses. The County shall
<br />give credit to all reproductions by or on behalf of the County (to the extent authorized
<br />herein). The credit shall contain a credit to the Artist and copyright notice as follows:
<br />"Copyright [Q] 2006 (Sarah Craige). All Rights Reserved," The Artist agrees to the
<br />following covenants limiting the retained copyright of the Artist as follows:
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