Full Text
ART PURCHASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND Dana Aldis THIS ART PURCHASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND Dana Aldis is made between City Of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street,. Moscow, Idaho, 83843 WHEREAS, CITY wishes to obtain the unique and custom painting from the Palouse Plein Air 2011 Competition chosen as the first place winner, (hereinafter "ART") from ARTIST; and WHEREAS, ARTIST agrees to provide such ART to CITY on or before October 05, 2011; THE PARTIES AGREE AS FOLLOWS: 1. PURCHASE: CITY agrees to purchase one pamtmg (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 $200.00 (for ART, provided such is created and delivered to CITY on or before October 05, 2011). 3. RIGHT TO USE IMAGES: CITY and ARTIST agree that CITY, with its purchase of ART, acquires the right to use 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 permit any intentional destruction, damage, or modification of ART. 6. MORAL RIGHT: CITY shall not permit any use of ARTIST's name or misuse of ART which is likely to discredit ARTIST's reputation or which would violate the spirit of 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 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 20 II -DANA ALDIS (PALOUSE PLEIN AIR 20 II) PAGE ---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. DATED this day of October 05,2011. CITY ARTIST City of Moscow, Idaho Dana Aldis STATE OF IDAHO ) ) ss. COUNTY OF LATAH ) 123 N. Asbury Moscow, ID 83843 On this day of tJcti , 2011, before me, a Notary Public in and for said State, appeared Dana Aldis, known to me to be the person named above and acknowledged that she executed tl\ifOllt!g0} document as the duly authorized representative. t,f.cKIN.A/',,,. - "o\AAY \ Q'a:tx Jr M i i ; Notary Publi fort etate 7rid\aho \ auC / f Residing at (iR b::J % pU f My commissio; xpires lo, .23 . .2o/ , 2 + .s-3 . ';qre CJf '''''1111 1111111''' ART PURCHASE AGREEMENT 2011 -DANA ALD!S (PALOUSE PLEIN AIR 2011) PAGE ---PAGE BREAK---