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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax standards of conservation; or the expenditure of substantial funds by the CITY and that ARTIST shall deliver the Project to the CITY free and clear of any liens from any source whatsoever. 6.3 The ARTIST warrants that she shall faithfully perform the Project in accordance with standards of care, skill, training, diligence and judgment provided by highly competent professionals who perform work of a similar nature. ARTICLE 7 WND RESISTANCE 7.1 It is understood that the specific locations of the Project is the Sunny Isles Beach Intracoastal Park owned by the City. ARTICLE 8 COPYRIGHTS 8.1 Neither the whole nor any portion of the Project shall be the subject of any application for copyright or patent by or on behalf of the ARTIST without the prior written consent of the CITY. If such consent is given, and notwithstanding such rights, ARTIST hereby grants to CITY a non - exclusive; perpetual; irrevocable, and royalty free license to reproduce, make; print and/or publish photographic, filmed or videotaped reproductions, make, print and/or publish photographic, filmed or videotaped reproductions and other two - dimensional likenesses of the Project and/or the proposals for the Project for such purposes as determined solely by the CITY in its reasonable discretion. In this connection, it is understood that public promotional and advertising uses are without limitation. It is also understood that either of the parties to this Agreement may also permit photographic, filmed, videotaped or other reproductions of the Project to appear as editorial matter in newspapers, magazines, periodicals, books, motion picture films and/or videotaped films. In connection with any such reproduction and publication by any party, that party shall arrange for appropriate credit identifying the name of the ARTIST as the Project's creator, the title of the Project, the materials, dimensions, and the location thereof. 8.2 ARTIST agrees that the Project shall comply with all applicable patent, trademark and copyright laws, rules, regulations and codes. The ARTIST further agrees that the Project will not utilize any protected patent; trademark or copyright unless ARTIST has obtained proper permission and all releases and other necessary documents. ARTIST represents and warrants that the Project submitted to the City is ARTIST's own original work and does not violate any agreement between ARTIST and any third party, and that the City's use of the Project does not infringe upon or violate any law, agreement or other rights of any kind, or those belonging to any third party, including without limitation, rights affecting copyright, patent, trademark, unfair competition, or contract. ARTIST agrees to indemnify, defend and hold harmless the City, including its officials and employees, REVISED: C1213 -030 Valeria Yamamoto