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ART PURCHASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND ANTONIN PASSEMARD THIS ART PURCHASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND ANTONIN PASSEMARD (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 Antonin Passemard, 6084 Gary Lane, Boise, Idaho, 83714 (hereinafter "ARTIST"). THE PARTIES AGREE AS FOLLOWS: 1. PURCHASE: CITY agrees to purchase one Moscow Palouse Plein Air 2012 oil painting generally depicting a travel trailer, fence, and path (hereinafter "ART") from ARTIST, a photocopy of which is attached hereto. 2. PURCHASE PRICE: CITY agrees to pay ARTIST an amount not to exceed three hundred dollars ($300) for ART. 3. RIGHT TO USE IMAGES: CITY and ARTIST agree that CITY, with its purchase of ART, acquires the right to use 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. NON-DESTRUCTION: CITY shall not permit any intentional destruction, damage, or modification of ART. 5. MORAL RIGHT: CITY shall not permit any use of the ARTIST's name or misuse of ART which is likely to discredit the ARTIST's reputation or which would violate the spirit of ART. 6. ENTIRE AGREEMENT: This is the entire Agreement of the parties and can only be modified or amended in writing by the parties. 7. 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. 8. 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- ANTON IN PASS EMARD PAGE 1 OF3 ZCIZ · \ZO ---PAGE BREAK--- DATED this 2 b day of .t.:fT£HBfR CITY ATTEST: 0:i· STATE OF IDAHO ) ) ss. COUNTY OF ADA ) '2012. ARTIST Antonin Passemard 5i2: On this day of Se PTEM-El<- , 2012, before me, a Notary Public in and for said State, appeared Antonin Passemard, known to me to be the person named above and acknowledged that he executed the foregoing document as the duly authorized representative. Agreement/Art Purchase; Antonin Passemard 2012/pm ART PURCHASE AGREEMENT 2012- ANTON IN PASSEMARD PAGE 2 OF 3 ---PAGE BREAK--- ART PURCHASE AGIUiEMENT 2012- ANTON IN PASSEMAIU) PAGE3 OF3