Unique. Contractor warrants that the design of the Artwork as expressed in the Proposal is an edition of one, and that neither Contractor nor Contractor’s agents will execute or authorize another to execute another work of the same or substantially similar image, design, dimensions and materials as the Artwork. Contractor may create works that utilize or incorporate various individual art elements that comprise the Artwork, so long as the work utilizing or incorporating such individual elements (1) does not consist predominantly of such elements (2) is not the same or substantially similar in image, design, dimensions and materials as the Artwork, and (3) is not displayed in an environment that is the same or substantially similar to the environment in which the Artwork is to be displayed at the Site. This warranty shall continue in effect for a period consisting of the life of Contractor plus 70 years or for the duration of the Artwork’s copyright protected status, whichever is longer, and shall be binding on Contractor and Contractor’s heirs and assigns. In the case where the Contractor is working with two or more individual persons or a group of people to complete the Artwork, the measuring life shall be the life of the last surviving individual person comprising Contractor’s team. Recognizing that City has no adequate remedy at law for Contractor’s violation of this warranty, Contractor agrees that, in the event Contractor breaches this warranty, City shall be entitled to enjoin Contractor’s breach. Nothing hereunder shall be construed to constrain Contractor from creating posters, note cards, or other reproductions of the Artwork with appropriate credit to the Commission. 1. City Access to Artwork; Inspection of Artwork. City shall have the right to inspect the Contractor’s work, including the Artwork, at the Site during any phase of the project at any time. In the event that all or part of the Artwork is created in a location other than the Site, the City shall have the right to inspect the Artwork at any phase of the project following 48 hours written notice from the City to the Contractor. The Contractor shall be responsible for facilitating City’s prompt access to Contractor’s property or the property of the Contractor’s subcontractors where the Artwork or portions of the Artwork are being fabricated or installed.
Appears in 2 contracts