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ART PURCHASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND AARON CORDELL JOHNSON THIS ART PURCHASE AGREEMENT BETWEEN CITY'OF MOSCOW, IDAHO AND AARON CORDELL JOHNSON (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 Aaron Cordell Johnson, 610 North Howard, Moscow, Idaho, 83843 (hereinafter "ARTIST"). THE PARTIES AGREE AS FOLLOWS: 1. PURCHASE: CITY agrees to purchase one Oil on Panel, five and one-half inch by five and one-half inch (5.5" x 5.5") painting for the 2013 Artwalk Cover titled "Afternoon Clouds" generally depicting a Palouse landscape in oil (hereinafter "ART") from ARTIST, a photocopy of which is attached hereto. 2. PURCHASE PRICE: CITY agrees to pay ARTIST an amount not to exceed two hundred dollars ($200) for the ART. 3. RIGHT TO USE IMAGES: CITY and ARTIST agree that CITY, with its purchase of the ART, acquires the right to use the ART and its image, including any portion of its image. The use of ART may include, but is not limited to, electronic and print promotion of CITY-sponsored programs and functions. ART may be provided to other entities, such as newspapers or other publishers, for inclusion in print advertisements. 4. RESALE: CITY shall not resell the original ART or ART images without consent of ARTIST. 5. NON-DESTRUCTION: CITY shall not permit any intntional destruction, damage, or modification of the ART. · · · • ' • I ' l ' • 6. MORAL RIGHT: CITY shall not permit any use ofthe f\.R.1IS1':;n(me or misuse of the ART which is likely to discredit the ARTIST's t.eputtiori 'c>r;,which would violate the spirit of the ART. , , 1•-r I ' 5· 7. ENTIRE AGREEMENT: This is the entire Agreement of thr'f>atttes and can only be modified or amended in writing by the parties. · 8. ATTORNEY FEES: Reasonable attorney fees shall be awarded to the prevailing party in any action to enforce this Agreement or to declare forfeiture or termination. ART PURCHASE AGREEMENT 2013 - AARON CORDELL JOHNSON PAGE 1 OF 3 ---PAGE BREAK--- 9. JURISDICTION AND VENUE: It is agreed that this AGREEMENT shall be construed under and governed by the laws of the State of Idaho. In the event of litigation concerning it, it is agreed that proper venue shall be the District Court of the Second Judicial District of the State of Idaho, in and for the County of Latah. DATED this z_$J day ofk1, 2013. CITY ARTIST Nancy oscow, ID 83843 ACKNOWLEDGMENT STATE OF IDAHO ) ) ss. COUNTY OF LATAH ) On this l day of M , 2013, before me, a Notary Public in and for said State, appeared Aaron Co ll Johnson, known to me to be the person named above and acknowledged that he executed the foregoing document as the duly authorized representative. . . . . sc 111 G'o'\ 45 0F Ho·· :0 f IOTJ;. \ 7-D = : : ; E. .bt/sl.\c, f I o o 3 0 C , K . f OF \Q Notary Public the State of Idaho Residing at fYLo(;(_%ttJI & My commission expires LJt.f-- 2011 ART PURCHASE AGREEMENT 2013 -AARON CORDELL JOHNSON PAGE 20F3 ---PAGE BREAK--- ART PURCHASE AGREEMENT 2013- AARON CoRDF.I.l. JOHNSON PAGR30F3