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ART PURCHASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND SUSAN SEGOT A THIS ART PURCHASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND SUSAN SEGOTA (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 Susan Segota, 131 N Garfield St Moscow, Idaho, 83843 (hereinafter ''ARTIST'). THE PARTIES AGREE AS FOLLOWS: 1. PURCHASE: CITY agrees to purchase one ( 1) commissioned Moscow Artwalk 2012 painting (hereinafter "ART") hom ARTIST, a photocopy of which is attached hereto. 2. PURCHASE PRICE: CITY agrees to pay ARTIST an amount not to exceed five hundred dollars ($500) 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 intentional destruction, damage, or modification of the ART. 6. MORAL RIGHT: CITY shall not permit any use of the ARTIST's name or misuse of the ART which is likely to discredit the ARTISTs reputation or which would violate the spirit of the ART. 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 tennination. ART PuRCHASE AGREEMEN r 2012-SUSAN SEGOTA PAGE 1 or 3 ---PAGE BREAK--- 9. JURISDICTION AND VENUE: It is agreed that this AGREEMENT shall be constmed 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 Comi of the Second Judicial District of the State of Idaho, in and for the County of Latah. DATED this q-ttJ day of May 2012. CITY City of Moscow, Idaho ATTEST: ARTIST Susan Segota 1 3 1 N Garfield St Moscow, Idaho, 83843 ACKNOWLEDGMENT STATE OF IDAHO ) ) ss. COUNTY OF LATAH ) Agreeme-nt Artrurchase: Susan Sq:ota 1012 pm ART PURCliASI·. AURITMEN"l 2012-SUSAN SEGOTA PAUE2 OF 3 ---PAGE BREAK--- ART PURCHASE AGREEMENT 2012 @SUSAN SEUOTA PAGE 3 OF 3