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ART PURCHASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO ANDJAMES ENGERBRETSON THIS ART PURCHASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND JAMES ENGERBRETSON (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 James Engerbretson, 313 N. Hayes, Moscow, Idaho, 83843 (hereinafter "ARTIST"). WHEREAS, CITY wishes to obtain a unique and custom vehicle sticker of original design to be used as a reward for those who complete the Moscow EcoDriver training program, approximately four inches by six inches (4"x6") in dimension from ARTIST; and WHEREAS, ARTIST agrees to provide such ART to CITY on or before April 8, 2011; 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 00) for the ART provided such is created and delivered to CITY on or before April 30, 2011. 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 pem1it 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. 7. ENTIRE AGREEMENT: This is the entire Agreement of the parties and can only be modified or amended in writing by the parties. ART PURCHASE AGREEMENT 20 lO- JAMES ENG F.RflRETSON PAGE I Of 3 ---PAGE BREAK--- 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. 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 Distlict of the State ofldaho, in and for the County of Latah. • t Ucwi DATED th1s day ofcApl:H', 2011. CITY City of Moscow, Idaho STATE OF IDAHO ) ) ss. COUNTY OF LATAH ) ARTIST James Engerbretson 313 N. Hayes Moscow, ID 83843 JULY 12 1887 ACKNOWLEDGMENT On this 1/ day of , 2011, before me, a Notary Public in and for said State, appeared James Engerbre s n, known to me to be the person named above and acknowledged that she executed the foregoing document as the duly authorized representative. ,,,lti/J,, E I I WJs · . · · · . ' . . . / 2 p..RY = : 0 = : • : = - . , v . - K 0 . p . L M' / . . . . Sl"'ATE 0 ART PURCHASE AGREEMENT 201 0- JAMES ENGERBRETSON PAGE2 OF3 ---PAGE BREAK--- moscow 2011 ecodriver ART PURCHASE AGREEMENT 2010- JAMES ENGER!3RETSON PAGE 3 OF 3