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<br />City of SIIIIIIY Isles Beach <br /> <br />-18070 Collins Avenue, Sunny Isles-Beach, Plorida 33160 <br />(305) 947-0606 phone (305) 949-3 113 Fax <br /> <br />ARTICLE 7 <br />WIND RESISTANCE <br /> <br />7 It is understood that the specific location of the project is the Gwen Margolis Park and its <br />permanent public installation is integral to this Agreement. The ARTIST agrees that the <br />project shall be constructed to meet the wind resistance requirements set forth in the Plorida <br />Building Code. <br /> <br />ARTICLE 8 <br />COPYRIGHTS <br /> <br />8.1 Neither the whole nor any p0l1ion of the Project shall be the subject of any application for <br />copyright or patent by or on behalf of the ARTIST without the prior written consent of the <br />CITY. Ifsuch consent is given, and notwithstanding such rights, ARTIST hereby grants to <br />CITY a non-exclusive, perpetual, irrcvocable. and royalty free license to reproduce, make, <br />print and/or publish photographic, filmcd or vidcotaped reproduce, make, print and/or <br />publish photographic, filmed or videotaped reproductions and other two-dimensional <br />likenesses of the Project and/or the proposals for the Project for such purposes as determined <br />solely by the CITY in its reasonable discretion. In this connection, it is understood that public <br />promotional and advertising uses are without limitation. It is also understood that either of <br />the parties to this Agrcement may also permit photographic, filmed, videotaped or other <br />reproductions of the Project to appear as editorial matter in newspapers, magazines, <br />periodicals, books, motion picture films and/or videotaped films. In connection with any <br />such reproduction and publication by any party, that party shall arrange for appropriate credit <br />identifying the name of thc ARTIST as the Project's creator, the title of the Project, the <br />materials, dimensions, and the location thereof. <br /> <br />8.2 ARTIST agrees that all Work performed under this Agreement shall comply with all <br />applicable patent, trademark and copyright laws. rules, regulations and codes. The ARTIST <br />fUl1her agrees that the Work will not utilize any protected patent, trademark or copyright <br />unless ARTIST has obtained proper permission and all releases and other necessary <br />documents. <br /> <br />8.3 If the ARTIST uses any protected material, process or procedure, the ARTIST shall disclose <br />such patent, trademark or copyright in the cJnstruction drawings and technical specifications. <br /> <br />8 <br /> <br />C0607-044 Butterfly Artist Agreement <br /> <br />~" I r <br /><,) 1 <br />