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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947 -0606 phone (305) 949 -3113 Fax <br />2.9 Title to the Project shall pass to the CITY followine the Contract Administrator's <br />inspection of the Project and; if the Project is approved, upon Contractor's issuance of <br />written final acceptance of the complete installed Project. In furtherance of the <br />foregoing, it is understood that any risk of loss or damage to the Project shall be the sole <br />responsibility and liability of ARTIST until such time as the Contract Administrator has <br />taken possession of the Projector Sculptures. <br />2.10 Upon Contract Administrator's written final acceptance of the complete installed Project, <br />all documents related to the conception, proposal, fabrication, of the Project, including <br />"as built" documents, shall be turned over to the Contract Administrator and become the <br />property of CITY. ARTIST understands and agrees, that CITY shall be free to exhibit <br />and/or reproduce these documents as a record of ARTIST'S conception of the Project. <br />ARTICLE 3 <br />TERM AND TIME OF PERFORMANCE <br />3.1 The term of this Agreement shall begin on the date it is fully executed by both parties. <br />Thereafter, ARTIST shall diligently execute the Project and shall deliver the completed <br />Project within One Hundred Eighty (180) days from the date of execution. <br />3.2 Time shall be deemed to be of the essence in performing the duties, obligations and <br />responsibilities required by this Agreement. <br />3.3 The CITY, through the Contract Administrator, may grant a reasonable extension of time <br />to the ARTIST in the event that there is a delay on the part of the CITY in performing its <br />obligations or in completing the underlying CITY capital project resulting in a delay of <br />the work site being made available to ARTIST for proceeding with the Project, or if <br />conditions beyond the ARTIST'S control render timely performance of the ARTISTS <br />services impossible or unexpectedly burdensome. All requests for extensions of time <br />must be submitted in writine to the Contract Administrator by the ARTIST as soon as the <br />delay or conditions become known and their impact is evaluated, and shall not be <br />effective unless approved in writing by the Contract Administrator. <br />3.4 Either party is excused from performance and shall not be liable for any delay in delivery <br />or for non - delivery, in whole or in pan, caused by the occurrence of a force majeure <br />event such as hurricane, fire, civil disobedience, riots, rebellions, explosion, flood, storm. <br />Acts of God, and similar occurrences. Failure to fulfill contractual obligations due to <br />force majeures set forth in the preceding sentence will not be considered a breach of <br />contract, provided that such obligations shall be suspended only for the duration of such <br />condition. <br />3 <br />REVISED: C1213 -030 Valeria Yamamoto <br />