Reso 2021-3256 - Laserfiche WebLink

Home Browse Search

Article 9. Assignment of Artwork The work and services required of the Artist are personal and shall not be assigned, sublet or transferred. Any attempt by the Artist to assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect unless prior written consent is given by the City. The City shall have the right to assign or transfer any and all of the City's rights and obligations under this Agreement, subject to the Artist's consent, if ownership of the Site is transferred. In the event that the Artist refuses to give consent, this Agreement shall terminate. Article 10. Termination a. The City may terminate this Agreement without cause upon 60 days written notice to the Artist. The City shall pay the Artist for services performed and commitments made prior to the date of the termination, consistent with the schedule of payments set forth in Exhibit B of this Agreement. The Artist shall retain possession and title to the plans, drawing, designs, maquettes, and models already prepared and submitted or prepared for submission to the City by the Artist under this Agreement prior to the date of termination. b. If either party to this agreement shall substantially fail to perform in accordance with the material terms of the Agreement, the other party shall thereupon have the right to terminate this Agreement by giving written notice to the defaulting party of its intent to terminate specifying the grounds for termination. The defaulting party shall have 30 days after the effective date of the notice to cure the default. If it is not cured by the 30"' day, this Agreement shall terminate. In the event that the Agreement is terminated by the City for cause and it is subsequently determined by a court of competent jurisdiction that such termination was without cause, such termination shall thereupon be deemed a termination for convenience under Article 10(a) and the provisions of Article 10(a) shall govern. c. If the Artist defaults for cause as set forth in Article (10)(b) , the Artist shall return to the City all Rinds remitted to the Artist under the Agreement unless the City has received the Artwork and Artist's remaining obligations can be completed satisfactorily by the City or a third party, in which case Artist shall not be obligated to return all funds previously remitted to him, but Artist shall be responsible for any costs in excess of the Budget which shall be promptly paid by Artist upon receipt of documentation of such excess costs. If the Artist defaults and the completed and fully satisfactory Artwork is not provided to the City, Artist shall return all City funds remitted to him under this Agreement, in addition to all finished and unfinished drawings, sketches, photographs and other work products prepared and submitted or prepared for submission by the Artist under this Agreement shall be retained by the Artist. d. Except as otherwise provided herein, upon notice of termination, the Artist and his subcontractors shall immediately cease all Services. Article 11. Death or Incapacity a. If the Artist becomes unable to complete this Agreement due to death or incapacity, such death or incapacity will not be deemed a breach of this Agreement or a default on the part of the Artist for purposes of Article 10. E