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ART PURCHASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND STEVE SCHULTE THIS ART PURCHASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND STEVE SCHUL TE (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 Steve Schulte, 973 East Street, Moscow, Idaho, 83843 (hereinafter "ARTIST"). WHEREAS, CITY wishes to obtain a unique and custom vehicle sticker of original design (described generally as a modern design depicting a leafy plant with a dotted white line climbing the stems) to be used as a reward for those who complete the Moscow Eco Driver training program, approximately four inches by six inches (4"x6") in dimension ("ART") from ARl;IST; and WHEREAS, ARTIST agrees to provide such ART to CITY on or before April 13, 2013; THE PARTIES AGREE AS FOLLOWS: 1. PURCHASE: CITY agrees to purchase one commissioned Moscow EcoDriver Vehicle Sticker Design (hereinafter "ART") from ARTIST, a photocopy of which is attached hereto as Exhibit 2. PURCHASE PRICE: CITY agrees to pay ARTIST an amount not to exceed one hundred dollars ($100) for the ART provided such is created and delivered to CITY on or before June 27, 2013. 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, communications, and functions in both full color and black and white. 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 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 2013 EcoDRIVER - STEVE SCHULTE PAGE10F3 2-o\ 3- 5ti ---PAGE BREAK--- ' j 7. ENTIRE AGREEMENT: This is the entire Agreement of the parties 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. 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 day of Jury, 2013. CITY City of Moscow, Idaho STATE OF IDAHO COUNTY OF LATAH ) ) SS. ) ARTIST Steve Schulte 973 East Street Moscow, Idaho 83843 (208) 255-6192 ACKNOWLEDGMENT -r \ . On this aB- day of '2013, before me, a Notary Public in and for said State, appeared Steve Schulte known to me to be the person named above and acknowledged that he executed the foregoing document as the duly authorized representative. Notary Public fo Residing My commission expires4=>-1 ART PURCHASE AGREEMENT 2013 EcoDRIVER - STEVE SCHULTE PAGE20F3 ---PAGE BREAK--- ART PURCHASE AGREEMENT 2013 EcoDRIVER - STEVE SCHULTE · PAGE30F3