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h. The City shall not permit any use of the Artist's name or misuse of the Artwork which <br />would reflect discredit on the Artist's reputation as an artist or which would violate the <br />spirit of the Artwork, should such use or misuse be within the City's control. <br />1.3 Design <br />a. Concept/Schematic <br />The Artist submitted a design concept/schematic (the "Conceptual Design") which was <br />selected and approved by the City, consisting of colored drawings or computer- <br />generated color images (in plan and elevation). The Conceptual Design shall be <br />attached to this Agreement as Exhibit A. <br />b. Preliminary Design <br />Within thirty (30) days after the execution of this Agreement, the Artist shall submit <br />a Preliminary Design to include digital mock-ups, how it will be installed at the Site, <br />color and materials samples, proposed fabrication methods, and the maintenance and <br />preservation instructions ("Preliminary Design"). <br />c. Approval <br />Within thirty (30) days after Artist submits the Preliminary Design to the City, the City <br />shall notify the Artist if the City requires any revisions to the Preliminary Design in <br />order to comply with any applicable laws, ordinances and/or regulations or for other <br />reasons including, but not limited to, ensuring the physical integrity of the Artwork or <br />its installation at the Site. If agreed upon by both parties, such revisions will become a <br />part of the Preliminary Design. Notwithstanding the thirty (30) day limitation set forth <br />in Section 1.3(c) herein, should the next available City Commission meeting occur <br />beyond the thirty (30) days, then the thirty (30) day time limitation shall be <br />automatically extended until such time as the City Commission meeting occurs. <br />d. Final Design/Construction Documents <br />Upon approval of the Preliminary Design by City, Artist is authorized to proceed with <br />the final design which shall include the following: <br />i. any amended versions of drawings, renderings, maquettes, plans or finish <br />samples included in the Preliminary Design; <br />ii. engineered drawings of the Artwork's structural components, fabrication and <br />installation methods, which must be signed and stamped by licensed design <br />professionals/engineers; and <br />iii. detailed drawings, plans and/or written descriptions of all work to be done on <br />or to the Site by the City before and after installation of the Artwork, including <br />but not limited to, initial surveying and geotechnical soil reports, leveling and <br />landscaping, forming and pouring of concrete slabs, preparation of pedestal, <br />walls, electrical & plumbing sources and finish landscaping/integration. <br />("Final Design"), which shall become Exhibit D to this Agreement. <br />1.4 Budget and Payment Schedule <br />a. Budget <br />i. The Artist's budget, is attached hereto as Exhibit A-2, is inclusive of all <br />goods, services and materials with such costs itemized, and is the fixed <br />compensation amount for the Artist to provide the Services ("Budget"). <br />ii. Except as provided in 1.2e above, if the Artist incurs costs in excess of the <br />amounts listed in the Budget, the Artist shall pay such excess from the <br />Artist's own fields unless the Artist obtains approval in writing for such <br />