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ART PURCHASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND BILL VOXMAN THIS ART AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND BILL VOXMAN (hereinafter "AGREEMENT") is made between City Of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "CITY"), and Bill Voxman, 1400 Orchard Avenue, Moscow, Idaho, 83843 (hereinafter "ARTIST"). THE PARTIES AGREE AS FOLLOWS: 1. PURCHASE: CITY agrees to purchase the use of one ( 1) digital black and white photographic image generally depicting the Palouse region of the United States in the winter (hereinafter "ART") from ARTIST, a photocopy of which is attached hereto as Attachment 2. PURCHASE PRICE: CITY agrees to pay ARTIST an amount not to exceed one hundred dollars ($100) for the ART. 3. RIGHT TO USE IMAGES: CITY and ARTIST agree that CITY, with its purchase of the ART, acquires the right to use the ART, including any portion of it as follows: a. Use of the ART for CITY's annual holiday card for 2012 in an amount not to exceed five hundred (500) printed cards; b. Posting of the ART on the official City of Moscow, Idaho webpage for a period of two months; and c. Use of the ART for a one-time email distribution of holiday greetings from CITY. 4. CITY'S EFFORTS TO PROTECT ARTIST'S RIGHTS: CITY will make reasonable efforts to protect ARTIST's rights from infringement by third parties, including requiring credit to appear to Bill Voxman Photography with all uses of ART as set out herein, and by utilizing anti-pirating features of social media, where possible. 5. RESALE: CITY shall not resell the ART image. 6. NON-DESTRUCTION: CITY shall not permit any modification of the ART other than what ARTIST may approve of prior to such modification. 7. MORAL RIGHT: CITY shall not permit any use of ARTIST's name or misuse of the ART which is likely to discredit ARTIST's reputation or which would violate the spirit of the ART. 8. ENTIRE AGREEMENT: This is the entire AGREEMENT of the parties and can only be modified or amended in writing by the parties. 9. ATTORNEY FEES: Reasonable attorney fees shall be awarded to the prevailing party in any action to enforce this AGREEMENT or to declare forfeiture or termination. 10. JURISDICTION AND VENUE: It is agreed that this AGREEMENT shall be construed under and governed by the laws of the State of Idaho. In the event of litigation concerning it, it is agreed that proper venue shall be the District Court of the Second Judicial District of the State of Idaho, in and for the County of Latah. ART PURCHASE AGREEMENT 2012- BILL VOXMAN PAGE 1 OF2 ---PAGE BREAK--- DATED this __ia_ day of December, 2012. CITY City of Moscow, Idaho STATE OF IDAHO ) ) ss. COUNTY OF LATAH ) ARTIST Bill Voxman Bill Voxman 1400 Orchard A venue Moscow, Idaho, 83843 (208) 883-3 787 ACKNOWLEDGMENT On this Co day of 'C)eCRM\ae 20l2, before me, a Notary Public in and for said State, appeared Bill Voxman known to me to be the person named above and acknowledged that he executed the foregoing document as tÎ '\}l(h)Mti.o,)zed representative. Q\E lEw1 - . . . . . ! . ;1 /l :·,oTARY · b/1 · • _ :;Notary Public State of Idaho c, · ::Residing at Set) PUBL\. /of My commission expires m It . . . . . . . . , Of \Q 1: ''''ACKNOWLEDGMENT STATE OF IDAHO ) ) ss. COUNTY OF LATAH ) On this 5 day of CLJI)0\QR , 2012, before me, a Notary Public in and for said State, appeared Kathleen Bums, known to me to be the person named above and acknowledged that she executed the foregoing document as the duly authorized representative for the City of Moscow, Idaho. ,,,Ill lilt, I .c:Lt.t,s/"/ . . . . . . . . / . . RY = ' ' 0- - r. . - 'I I \V • - : . 0 . . . . 0P , 1 . ART PURCHASE AGREEMENT 2012- BILL VOXMAN Notary PUbTic fo; the State ofldaho Residing at A os My commissi*" epires DJ/ 3 PAGE20F2