HomeMy WebLinkAboutAgr 2012-11-07 (Alex Cichy)11/07/2012 17:33 FAX FILE COPY
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WARRANTY AND RELEASE
TIBURON HOLIDAY BANNERS
ALEX CICHY, doing business as ALEX CICY CREATIVE ("Artist") has
developed four designs for use by the TOWN OF TIBURON ("Town") for holiday banners
and other purposes (collectively, "the Work"). Artist, for the sole consideration of Lour
thousand five hundred and no/100 Dollars (54500.00 ("Consideration") hereby
warrants, represents and agrees as follows:
1. The Artist represents and warrants to Town that the Work is solely the result of
the artistic and creative effort of the Artist, is original, one of a kind, and does not
infringe upon any copyright. Artist shall not duplicate this Work for any other
project without the consent by Town.
2. Upon Town's final acceptance and payment of the Consideration, the Work and
all such rights, title and interest in or to the Work belong to and are assigned in
their entirety to Town for whatever use it desires and Town shall at all times own,
solely and exclusively, complete and unencumbered, all rights, title and interest in
and to all of the Work worldwide, any modifications thereto and any derivative
works based thereon (including, but not limited to, all patent, copyright,
trademark service mark and trade secret rights). The Artist hereby assigns the
right to collect any royalty payment provided by Civil Code section 986(a) to the
Town and to the Town's assigns.
3. The Artist acknowledges and agrees that the Town retains the right to relocate or
remove the Work from public display for any reason, at the sole discretion of the
Town. Reasons for removing the Work from public display shall include, but not
be limited to: hazards to public health, safety or welfare; unsightly or deteriorated
conditions of the Work; or the need to access, repair and maintain public
facilities.
4. Except as provided above, the Artist expressly waives, for himself and his
successors in interest, to the greatest extent allowed by law, any rights he or she
may have under California Civil Code sections 986, 987, 988 and 989. The
parties further agree that Town will be free to use modify, distribute, sell, license
or otherwise exploit all portions of the Work and any modifications otoanr
derivative works based thereon without any restrictions or limitations
obligations or payments to Artist and that Artist shall have no such rights..
Dated: Nove 2012
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ALEX CICHY, doing business as ALEX CIC CREATIVE, Artist
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