Reso 2021-3256 - Laserfiche WebLink

Home Browse Search

a. The Artist shall indemnify the City, its respective officers, agents, and employees, from any claims brought arising out of the Artist's breach of this Agreement or any negligent occurrence which occurs pursuant to the performance of this Agreement by the Artist, its subcontractors, agents or employees. b. The City shall indemnify the Artist, Artist's subcontractors, agents or employees from any claims brought arising out of the breach of this Agreement or any negligent occurrence which occurs pursuant to the performance of this Agreement by the City, its respective officers, agents, and employees. c. Each Party shall immediately notify the other of any written claim regarding any matter resulting from or relating to the Party's obligations under this Agreement. Each Party shall cooperate, assist, and consult with the other in the defense or investigation of any such claim arising out of or relating to the performance of this Agreement. d. The indemnification shall include reasonable attorneys' fees and costs. e. This indemnification shall survive the termination or expiration of this Agreement. f. Notwithstanding any provision of this Agreement to the contrary, no Party shall recover from a Party to this Agreement in an action, of whatever nature, in contract or tort, any consequential or incidental damages, lost profits, or any type of expectancy damages. g. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes, Article 6. Ownership and Intellectual Property Rights 6.1 Title Title to the Artwork shall pass to the City upon Final Acceptance. 6.2 Copyright Ownership The Artist retains all rights under the Copyright Act of 1976, 17 U.S.C. §101 et seq., as the sole author of the Artwork for the duration of the copyright. 6.3 Reproduction Rights a. The Artist grants to the City and its assignees an irrevocable license to make two- dimensional reproduction of the Artwork for non-commercial purposes, including, but not limited to, reproductions used in brochures, media publicity, and exhibition catalogues or other similar publication provided that these rights are exercised in a tasteful and professional manner. Non-commercial purposes shall also include the City's use of Artwork on free merchandise used as promotional gifts, that are not for sale or resale. b. All reproductions by the City shall contain a credit to the Artist and a copyright notice in substantially the following form: © Michael Szabo, date of publication. c. The Artist shall use his best efforts in any public showing or resume use of reproductions of the Artwork to give acknowledgment to the City in substantially the following form: "An original artwork owned and commissioned by the City." d. If the City wishes to make reproductions of the Artwork for commercial purposes including, but not limited to, tee shirts, post cards and posters, the Parties shall execute a separate agreement to address the terms of the license granted by the Artist and the 7