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ART PURCHASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND LAUREN MCCLEARY THIS ART PURCHASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND LAUREN MCCLEARY (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 Lauren McCleary, 404 East Street, Moscow, Idaho, 83843 (hereinafter "ARTIST"). THE PARTIES AGREE AS FOLLOWS: PURCHASE: CITY agrees to purchase from ARTIST one piece of art for the 2Q1 walk Cover titled "Night Shifters", generally depicting a wilderness paper cu.ti(Jl inafter "ART"), a photocopy of which is attached hereto. • . v PlJitC SE PRICE: CITY agrees to pay ARTIST an amount not to exceed five hundred ollars ($500) for the ART. : 3. RIGJH'ifi TO USE IMAGES: CITY and ARTIST agree that CITY, with its purchase of tlie" 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. 5. 6. 7. 8. RESALE: CITY shall not resell the original ART or ART images without consent of ARTIST. NON-DESTRUCTION: CITY shall not permit any intentional destruction, damage, or modification of the ART. MORAL RIGHT: CITY shall not permit any use of the ARTIS T's name or misuse of the ART which is likely to discredit the ARTIST's reputation or which would violate the spirit of the ART. " , ENTIRE AGREEMENT: This is the entire Agreement of t)j -parti"es a:i;_d be modified or amended in writing by the parties. · · · , 0 · ' . 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 - LAUREN MCCLEARY PAGE 1OF3 zo IS - I ( ---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 _l _day of April, 2015. ARTIST auren McCleary 404 East Street Moscow, ID 83843 CITY City of Moscow, Idaho Bill Lambert, Mayor ACKNOWLEDGMENT STATE OF IDAHO ) ) SS. COUNTY OF LATAH ) On this 21 day of ..flp(: I , 2015, before me, a Notary Public in and for said State, appeared Lauren McCleary, known to me to be the person named above and acknowledged that he executed the foregoing document as the duly authorized representative. C\-\V Sc 11,, \o 48' Z [ 0 · ^ • o] I aOT-41,>, $ : : : : z= : i 4 % : : " uauc : ! X # 0 Y . ,A E '1111 OF \0B ART PURCHASE AGREEMENT 2015 - LAUREN MCCLEARY PAGE 20F3 ---PAGE BREAK--- ART PURCHASE AGREEMENT 2015 - LAU.REN MCCUiAR Y PAGE3 Or3