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ART PURCHASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND MIKE BEISER THIS ART PURCHASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND MIKE BEISER (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 Mike Beiser, 1027 East 5th Street, Moscow, Idaho, 83843 (hereinafter "ARTIST"). THE PARTIES AGREE AS FOLLOWS: 1. PURCHASE: CITY agrees to purchase one commissioned Traffic Box Vinyl Wrap design generally depicting a yellow crop dusting plane in flight over green fields (hereinafter "ART") from ARTIST, a photocopy of which is attached hereto. I 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 R1GHT: 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 woul4 violate the spirit of the ART. 1 7. ENTIRE AGREEMENT: This is the entire Agreement of the.parties· 'ud 6an·only be modified or amended in writing by the parties. · · " ' 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 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 2016- MIKE BEISER PAGE l OF4 ---PAGE BREAK--- 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 14- day of :fv..ne , 2016. CITY ATTEST: ARTIST Mike Beiser e1ser ast 5th Street Mos ow, ID 83843 ACKNOWLEDGMENT STATE OF IDAHO ) ) SS. COUNTY OF LATAH ) On this J J.1-Yh day of ::f'l.A.o< , 2016, before me, a Notary Public in and for said State, appeared Mike Beiser, 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 2016 - MIKE BEISER Notary P b ic for tJ;le State of Idaho Residing a My commission expires 'I PAGE2 OF4 ---PAGE BREAK--- ART PURCHASE AGREEMENT 2016- MIKE BEISER PAGE30F4 ---PAGE BREAK--- ART PURCHASE AGREEMENT 2016 - MIKE BEISER PAGE4 OF4