Reso 2021-3256 - Laserfiche WebLink

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b. In the event of incapacity, the Artist shall assign his obligations and services under this Agreement to another artist provided that the City approves of the new artist and so agrees in writing. If the City does not agree, the City may elect to terminate this Agreement as provided for in Article 10(a). The Artist shall retain all rights under Article 6 and Article 7. The Artwork and any reproductions thereof shall contain a credit to the Artist and a copyright notice in substantially the following form: [Artist's name, date of publication]. c. In the event of death, this Agreement shall terminate effective the date of death. The Artist's heirs shall retain rights under Article 6 and Article 7. Article 12. Waiver The Parties agree that a waiver of any breach or violation of any term or condition of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. Article 1.3. Conflict of Interest The Artist and City shall avoid all conflicts of interest or appearance of conflicts of interest in the performance of this Agreement. Article 14. Arbitration and Attorney's Fees If any dispute arises between the parties based upon the subject matter of this Agreement, each party agrees to submit to arbitration upon the request of the other Party. The prevailing Party in any arbitration or court action to enforce this Agreement shall be entitled to recover reasonable attorneys' fees and costs from the non -prevailing party. Notwithstanding any provision of this Agreement to the contrary, any damage award to a Party on account of a Party's breach of this Agreement, with the exception of the Artist's duty under Article 6 to procure and maintain insurance, shall not exceed an amount equal to the sum of the payment in Exhibit B. Article 15. Amendments No alteration, change, or modification of the terns of this Agreement shall be valid unless made in writing and signed by both Parties hereto. Article 16. Conflict with the Law If any term, covenant, condition or provision of this Agreement, or the application thereof to any person or circumstance, shall be held by a court of competent jurisdiction or arbitration panel to be in conflict with the laws, rules and/or regulations of the United States or the State of Florida, invalid, void or unenforceable, the remainder of the terms, covenants, conditions or provisions of this Agreement, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired, or invalidated 10