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4 <br />• interest in the copyright; (d) that the Art Work, or a duplicate thereof, has not been <br />accepted for sale elsewhere; (e) the Art Work is free and cleaz of any liens from any <br />source whatever; (f) the fabrication and installation 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 <br />defects in material and Art Workmanship, including any defects consisting of <br />"inherent vice" or qualities which cause or accelerate deterioration of the Art Work, <br />and (h) for a period of two years after the final acceptance of the Art Work, <br />reasonable maintenance of the Art Work will not require procedures substantially in <br />excess of those described in the maintenance recommendations to be submitted by the <br />Artist. <br />b. The Artist acknowledges that the County is an intended beneficiazy of the warranties <br />made herein, and such warranties shall accrue to the benefit of the bounty. <br />ARTICLE 9. INSURANCE <br />a. The Artist shall purchase and maintain until installation of the Art Work and Final <br />Acceptance, personal injury, property and general liability insurance from an <br />insurance company acceptable to the County and authorized to do business in the <br />State of North Cazolina in sufficient and reasonable amounts to cover applicable <br />risks. The County shall be named as an additional insured on all such policies. The <br />Artist shall furnish the County with a Certificate of Insurance which shall contain a <br />• provision that County shall be given 30 days written notice prior to any amendment <br />or termination of the policy by either the insured or the insuring company. <br />b. In the event of loss or damage prior to installation, it will be the responsibility of the <br />Artist to cover costs associated with the replacement of the Art Work. <br />ARTICLE 10. 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 for personal injury or wrongful death or properly <br />damage arising out of the negligent performance of professional services by the Artist or caused <br />by any negligent act, error or omission of the Artist, or anyone employed by the Artist in the <br />performance of this Agreement. To the extent allowed by law, the County shall indemnify and <br />hold harmless the Artist for all claims against the Artist for personal injury or wrongful death or <br />property damage arising out of the negligence of any officer or employee of the County. The <br />foregoing is not intended as a waiver of governmental immunity by the County. <br />ARTICLE 11. COPYRIGHT PROVISIONS <br />a. Following installation and Final Acceptance of the Art Work, the County shall have <br />and own all right, title and interest in and to the physical media embodying or <br />encompassing the Art Work. <br />b. The Artist shall not transfer any copyright interest or privilege in and to the Art Work <br />without the prior written consent of the County; <br />• c. The Artist shall not display any reproduction of the Art Work for commercial <br />purposes without the prior written consent of the County. <br />