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ART PURCHASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND LINDA M. RASMUSSEN THIS ART PURCHASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND LINDA M. RASMUSSEN (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 Linda M. Rasmussen, 1025 Tolo Trail, Moscow, Idaho, 83843 (hereinafter "ARTIST"). THE PARTIES AGREE AS FOLLOWS: 1. PURCHASE: CITY agrees to purchase one commissioned Tree Grate design generally depicting the outline of the Camas Plant (hereinafter "ART") from ARTIST, a photocopy of which is attached hereto. 2. PURCHASE PRICE: CITY agrees to pay ARTIST an amount not to exceed one hundred dollars ($100) 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 ARTIST's reputtiorl. t.lr . . W}lich would violate the spirit of the ART. · · . ; ; 'l.r 7. ENTIRE AGREEMENT: This is the entire Agreement of the partie_s anq calf only be modified or amended in writing by the parties. ' ( · / 67 - 2 , 8. ATTORNEY FEES: Reasonable attorney fees shall be awardecf',t&. thb' prevailing party in any action to enforce this Agreement or to declare forfelrure1 or termination. ART PURCHASE AGREEMENT 2013- LINDA M. RASMUSSEN 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 ofldaho, in and for the County of Latah. DATED this+-- day of tl:t 2013. CITY City of Moscow, Idaho STATE OF IDAHO ) ) ss. COUNTY OF LATAH ) ARTIST Linda M. Rasmussen On this ) day of (Yl , 2013, before me, a Notary Public in and for said State, appeared Linda M. smussen, known to me to be the person named above and acknowledged that she executed the foregoing document as the duly authorized representative. sc , 0* ,o : 0 1 +oTRr : = : : = 1 . . - : S. .bua\.\c, l P - 5 . , 4.1' 0 -U , , f OF \Q ART PURCHASE AGREEMENT 2013- LINDA M. RASMUSSEN Notary Publi for e State of Idaho Residing at /hojtXI tt' , ;h2 My commission expires y- 0 ZD/'j PAGE20F3 ---PAGE BREAK--- ART PURCHA SE AGREEMENT 2013 - LINDA M. RASMUSSEN PAGE3 OF3