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not infringe upon or violate the rights of any third parry; <br />g. the Artist has the full power to enter into and perform this Agreement and to make the <br />grant of rights contained in this Agreement; <br />h. all services performed hereunder shall be performed in accordance with all applicable <br />laws, regulations, ordinances, etc, and with all necessary care, skill, and diligence; and <br />i. these representations and warranties shall survive the termination or other extinction <br />of this Agreement. <br />4.2 Warranties of Quality and Condition <br />a. The Artist represents and warrants that all Services will be performed in accordance <br />with professional "workmanlike" standards and free from defective or inferior <br />materials and workmanship (including any defects consisting of "inherent vice," or <br />qualities that cause or accelerate deterioration of the Artwork) for two (2) years after <br />the Final Acceptance of the Artwork by the City. <br />b. The Artist represents and warrants that reasonable maintenance of the Artwork will not <br />require procedures substantially in excess of those described in the maintenance and <br />preservation instructions submitted by the Artist upon completion of the Artwork. <br />c. If, within two years, the City observes any breach of warranty described in this <br />agreement that is curable by the Artist, the Artist shall, at the request of the City, cure <br />the breach promptly, satisfactorily and consistent with professional standards, at no <br />expense to the City. The City shall give notice to the Artist of such breach with <br />reasonable promptness. <br />d. If, after two years, the City observes any breach of warranty described in this <br />Agreement that is curable by the Artist, the City shall contact the Artist to make or <br />supervise repairs or restorations at a reasonable fee during the Artist's lifetime. The <br />Artist shall have the right of first refusal to make or supervise repairs or restorations. <br />Should the Artist be unavailable or unwilling to accept reasonable compensation under <br />the industry standard, the City may seek the services of a qualified restorative <br />conservator and maintenance expert. <br />The foregoing warranties are conditional, and shall be voided by the failure of the City to <br />maintain the Artwork in accordance with Artist's specifications and the applicable <br />conservation standards. <br />Article 5. Insurance <br />5.1 General <br />a. The Artist acknowledges that until Final Acceptance of the Artwork, any injury to <br />property or persons caused by the Artwork or any damage to, theft of, vandalism to, or <br />acts of God affecting the Artwork are the sole responsibility of the Artist, including, <br />but not limited to, any loss occurring during the creation, storage, transportation, <br />delivery, or installation of the Artwork, regardless of where such loss occurs. <br />b. Terms for the procurement and duration of insurance are provided in Exhibit C. <br />c. Required insurance policies are described in Exhibit C. <br />5.2 Indemnity <br />