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. / ART PURCHASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND HEATHER NICCOLI THIS ART PURCHASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND HEATHER NICCOLI (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 Heather Niccoli, 1443 Sunnyside Avenue, Moscow, Idaho, 83843 (hereinafter "ARTIST"). THE PARTIES AGREE AS FOLLOWS: 1. PURCHASE: CITY agrees to purchase one commissioned poster for the 2016 Farmers Market generally depicting Moscow, Idaho Main Street Clock and Produce. The poster celebrates local farmers, artists, craftspeople and musicians with graphic images of items found in the Market (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 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. 7. ENTIRE AGREEMENT: This is the entire Agreement of the parties and can only be modified or amended in writing by the parties. 8. A TIORNEY 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 2016 - HEATHER NICCOLI PAGE I OF3 2Dl-D35 ---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. 11,. vl YY1foJ\ DATED this r; dayof016. ARTIST CITY City of Moscow, Idaho . . . · · ·"lialTibert, Mayor . / ./t.0 f- • -G 0 \ '1 i l \ i , . " STA ACKNOWLEDGMENT STA TE OFldc lb _ COUNTY OF _ ss. On this bV"l... day of V\10.. , 2016, before me, a Notary Public in and for said State, appeared Heather NiCbli, known to me to be the person named above and acknowledged that she executed the foregoing document as the duly authorized representative. ART PURCHASE AGREEMENT 2016 • HEATHER NICCOLI PAGE20F3 ---PAGE BREAK--- t EVERY SATURDAY 8AM-1PM 7«Hn MAY-OCTOBER 2016 FRESH PRODUCEIPLANTSIFLO'WERSIHOMEMADE CRAFTSILOCAL FOOD DOWNTOWN ON MAIN STREET 8E FRIENDSHIP SQUARE . r ART PURCHASE AGREEMENT 2016 - HEATHER NICCOLI LIVE MUSIC 9:30AM TO l:OOPM Idaho Formers Market Association Idaho Preferred • Backyard Haroost Moscow Chamber of Commerce University of Idaho Extension New St Andrews College [PHONE REDACTED] • www.ci.moscow.id.us PAGE3 OF3 .