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ART PURCHASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND KYLA LAKIN THIS ART PURCHASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND KYLA LAKIN (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 Kyla Lakin, 910 NE Providence Ct., #RlOl, Pullman, Washington, 99163 (hereinafter "ARTIST"). CITY and ARTIST agree that CITY, with its purchase of the ART, acquires the right to use the ART and its image, including any portion of its image. The use of ART may include, but is not limited to, electronic and print promotion of CITY -sponsored programs, communications, and functions. ART may be provided to other entities, such as newspapers or other publishers, for inclusion in print advertisements. THE PARTIES AGREE AS FOLLOWS: 1. PURCHASE: CITY agrees to purchase one acrylic on canvas, generally depicting the Roost Coffee Shop (hereinafter "ART") from ARTIST, a photocopy of is attached hereto as Attachment 2. PURCHASE PRICE: CITY agrees to pay ARTIST an amount not to exceed ninety six dollars ($96) for the ART, after CITY retains twenty percent (20%) of ART purchase price per agreement between CITY and ARTIST. 3. RIGHT TO USE IMAGES: CITY and ARTIST agree that CITY, with its purchase of the ART, acquires the right to use the ART and its image, including any portion of its image. The use of ART may include, but is not limited to electronic and print promotion of CITY sponsored programs and functions. ART may be provided to other entities, such as newspapers or other publishers, for inclusion in print advertisements. 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 Artist Kyla Lakin 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. ART PURCHASE AGREEMENT 2015 - KYLA LAKIN PAGE I OF4 1.-D I 5 - I 5"l) ---PAGE BREAK--- 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. DATED this 1 day of OctfD[,t.,y , 2015. CITY City of Moscow, Idaho ARTIST Kyla Lakin 910 NE Providence Ct., #RlOl Pullman, WA 99163 ACKNOWLEDGMENT STATE OF COUNTY OF ART PURCHASE AGREEMENT 2015 - KYLA LAKIN ) ) SS. ) PAGE 20F4 ---PAGE BREAK--- STATE OF IDAHO ) ) SS. COUNTY OF LATAH ) ART PURCHASE AGREEMENT 2015 - KYLA LAKIN ACKNOWLEDGMENT PAGE3 OF4 ---PAGE BREAK--- ATTACHMENT ART PURCHASE AGREEMENT 2015 -KYLA LAKIN PAGE4 OF4