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ART PURCHASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND MARIO MONTES THIS ART PURCHASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND MARIO MONTES (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 Mario Montes, 1415 Pine Cone Road, Moscow, Idaho, 83843 (hereinafter "ARTIST"). THE PARTIES AGREE AS FOLLOWS: 1. 2. 3. 4. 5. 6. 7. 8. PURCHASE: CITY agrees to purchase one commissioned poster for the 2013 Farmers Market generally depicting a modem poster design with a neutral background featuring a purple cabbage and text (hereinafter "ART") from ARTIST, a photocopy of which is attached hereto. PURCHASE PRICE: CITY agrees to pay ARTIST an amount not to exceed one hundred dollars ($100) for the ART. 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. RESALE: CITY shall not resell the original ART or ART images without consent of ARTIST. NON-DESTRUCTION: CITY shall not permit any inte or modification of the ART. · , MORAL RIGHT: CITY shall not permit any use of the ART which is likely to discredit the AR violate the spirit of the ART. . • f the A8;f;I7r,· na e B.r misuse ST s reputation or whi, p would j i ' I. I I I f;j • t! · \ I ENTIRE AGREEMENT: This is the entire Agree e tf h¡ parties(), 'dan only be modified or amended in writing by the parties. ' 1 \ 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- MARIO MONTES PAGE 1 OF3 201 -2-1 ---PAGE BREAK--- 9. JURIS_!)ICTION 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 _lL day of April, 2013. CITY ARTIST fMoscow, Idaho \ 6 ACKNOWLEDGMENT STATE OF IDAHO ) ) ss. COUNTY OF LATAH ) On this Lday of Y 1' 1 , 2013, before me, a Notary Public in and for said State, appeared Mario Montes, known to me to be the person named above and acknowledged that he executed the foregoing document as the duly authorized representative. ART PURCHASE AGREEMENT 2013 - MARIO MONTES V-Jrr Notary Public for e State of Idaho Residing at OS.{' My commission expires _ _ PAGE 2 OF 3 ---PAGE BREAK--- MOSCOW FARMERS MARKET-------- LOCAL FOOD. PLANTS & FLOWERS_ HANDMADE CRAFTS LIVE tvlUSIC 9:30 - I EVERY SATURDAY 8AM - lPM MAY- OCTOBER 2013 DOWNTOWN FRIENDSHIP SQUARE ART PURCHASE AGREEMENT 2013- MARIO MONTES PAGE3 OF 3