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I ART PURCHASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND ROB MCPHERSON THIS ART PURCHASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND ROB MCPHERSON (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 Rob McPherson, 245 West Main, Pullman, Washington, 99163 (hereinafter "ARTIST"). THE PARTIES AGREE AS FOLLOWS: 1. PURCHASE: CITY agrees to purchase one commissioned poster for the 2015 2. 1 E¶ers Market generally depicting a grocery sack and market items. The poster el en tes local farmers, artists, craftspeople and musicians with graphic images of ite _ . , nd in the Market (hereinafter "ART") from ARTIST, a photocopy of which ·11¸¹ttºc hereto . . SE PRICE: CITY agrees to pay ARTIST an amount not to exceed one dollars ($100) for the ART. T 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. RESALE: CITY shall not resell the original ART or ART images without consent of ARTIST. 5. NON-DESTRUCTION: CITY shall not permit any intentional destruction, damage, or modification of the ART. 6. MORAL RIGHT: CITY shall not permit any use of the ARTIST s »etWmj.¼use of the ART which is likely to discredit the ARTIST's reputatio!!' ?-wliicl.1 _'wplr19 violate the spirit of the ART. :Q · 7 ) K: . \ ) - . . - 1 - t I 2 - 7. ENTIRE AGREEMENT: This is the entire Agreement of the pa1'tie and _can only :be = modified or amended in writing by the parties. \ · · £ R . . . - 'I • 8. 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. ART PURCHASE AGREEMENT 2015 - ROB MCPHERSON PAGE l OF 3 2-0 1 s· ---PAGE BREAK--- 9. 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 ofldaho, in and for the County of Latah. DATED this Z. / day of April, 2015. ARTIST Rob McPherson Rog 245 West Main Pullman, WA 99163 CITY Bill Lambert, Mayor ATTEST: ACKNOWLEDGMENT STATE OF 'Tc/ho COUNTY OF k_h__ ) ) SS. ) On this 2 { day of I , 2015, before me, a Notary Public in and for said State, appeared Rob cPherson known to me to be the person named above and acknowledged that he executed the foregoing document as the duly authorized representative. 1111111 sc , N ' • 'Jll 0 G 0 1 · ···.136 IOTAJ; \ z: - : : : : \ bi. : . = M \ ·-uel\Ci , · o . P • , . . . 45 '111' OF \Q ' Notary Publi or the State Residing at Y'Ylo"S" My commission expires -11 ART PURCHASE AGREEMENT 2015 - ROB MCPHERSON PAGE 20F 3 ---PAGE BREAK--- ART PURCHASE AGREEMENT 2015- ROB MCPHERSON PAGE 3 Of 3