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ART PURCHASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND TOBIAS SAUER THIS ART PURCHASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND TOBIAS SAUER (hereinafter "Agreement") is made between City Of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (heseinafter "CITY") and (hereinafter "ARTIST"). THE PARTIES AGREE AS FOLLOWS: 1. PURCHASE: CITY agrees to purchase one commissioned oil painting entitled "Standing Proud", an original oil painting generally depicting two horses in a field with trees and a mountain in the background (hereinafter "ART") from ARTIST, a photocopy of which is attached hereto. 2. PURCHASE PRICE: CITY agrees to pay ARTIST an amount not to exceed five hundred dollars ($500) for the ART. 3. RIGHT TO USE IMAGES: CITY and ARTIST agree that CITY, with its 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 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. ATTORNEY FEES: Reasonable atuomey fees shall be awarded to the prevailing party in any action to enforce this Agreement or to declare forfeiture or termination. 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 ART PURCHASE AGREEMENT 2017 - TOBIAS SAUER PAGE 1 OF3 Zl) 1"1- D3 2 ---PAGE BREAK--- litigation concerning it, iUs 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 k{J day of .Apvi' { , 2017. ARTIST CITY City of Moscow, Idaho Moscow, ID 83843 · ACKNOWLEDGMENT STATE OF IDAHO ) ) SS. COUNTY OF LATAH ) ART PURCHASE AGREEMENT 2017 - TOBIAS SAUER authorized PAGE 20F3 ---PAGE BREAK--- ART PURCHASE AGREEMENT 2017 - TOBIAS SAUER PAGE3 OF3