Reso 2005-774 - Laserfiche WebLink

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ARTICLE 7 WIND RESISTANCE 7 It is understood that the specific location of the project is the Oceanfront Park and its permanent public installation is integral to this Agreement. The ARTIST agrees that the project shall be constructed to meet the wind resistance requirements set forth in the Florida Building Code for construction projects located East of Collins A venue. ARTICLE 8 COPYRIGHTS 8.1 Neither the whole nor any portion of the Project shall be the subject of any application for copyright or patent by or on behalf of the ARTIST without the prior written consent of the CITY. If such consent is given, and notwithstanding such rights, ARTIST hereby grants to CITY a non-exclusive, perpetual, irrevocable, and royalty free license to reproduce, make, print and/or publish photographic, filmed or videotaped reproduce, make, print and/or publish photographic, filmed or videotaped reproductions and other two-dimensional likenesses of the Project and/or the proposals for the Project for such purposes as determined solely by the CITY in its reasonable discretion. In this connection, it is understood that public promotional and advertising uses are without limitation. It is also understood that either of the parties to this Agreement may also permit photographic, filmed, videotaped or other reproductions of the Project to appear as editorial matter in newspapers, magazines, periodicals, books, motion picture films and/or videotaped films. In connection with any such reproduction and publication by any party, that party shall arrange for appropriate credit identifying the name of the ARTIST as the Project's creator, the title of the Project, the materials, dimensions, and the location thereof. 8,2 ARTIST agrees that all Work performed under this Agreement shall comply with all applicable patent, trademark and copyright laws, rules, regulations and codes. The ARTIST further agrees that the Work will not utilize any protected patent, trademark or copyright unless ARTIST has obtained proper permission and all releases and other necessary documents. 8.3 If the ARTIST uses any protected material, process or procedure, the ARTIST shall disclose such patent, trademark or copyright in the construction drawings and technical specifications. ARTICLE 9 TERMINA TION 9.1 This Agreement may be terminated for cause or without cause by the CITY, through the Contract Administrator, upon thirty (30) days prior written notice to the Artist. 9,2 Termination of this Agreement for "cause" shall include failure to continuously perform the Work in a timely mannercaIculated to meet or accomplish the objectives of CITY as set forth in this Agreement, a breach of the provisions of this Agreement (notwithstanding whether any such breach was previously waived or cured), or any other reason necessary to protect the health, safety, or welfare of the general public. 9.3 Notice of termination shall be provided in accordance with the NOTICES section of this Agreement except that notice of termination which Contract Administrator deems necessary to protect the public health, safety, or welfare may be by verbal notice which shall be promptly confirmed in writing in accordance with the NOTICES section of this Agreement. 9.4 The death or permanent incapacity of the ARTIST shall automatically terminate this Agreement. Neither the ARTIST nor the ARTIST's estate shall have any further right to perform hereunder. The City shall have the right to secure the Work and shall have the right to complete same, provided that credit will be accorded to the Artist for his portion of the Work.