ARTIST’S WARRANTIES. ARTIST warrants that the services required by this Agreement will be performed with the same degree of professional skill and care that are typically exercised by similar professionals performing similar services. ARTIST’s installation and fabrication services shall comply with the Construction Documents/PLANS for the ARTWORK approved by CITY. Further ARTIST represents and warrants the following.
ARTIST’S WARRANTIES. 4.1 The Artist warrants to DNP that:
(a) the Artist is the sole author and owner of the Detailed Design and the Detailed Design Submissions;
(b) the Artist is not infringing any intellectual property rights; and
(c) where there are other authors to the Detailed Design Submissions, the Artist has obtained written consent from each author to perform the obligations under this Agreement and the Artist will provide evidence of such consent to DNP.
(d) the Artist is not prevented by any indigenous law, cultural tradition or practices from entering into this Agreement with DNP.
4.2 The Artist will indemnify DNP against loss, injury or damage (including any legal costs or expenses properly incurred) occasioned to DNP in consequence of any breach by the Artist of the warranties in clause 4.1.
ARTIST’S WARRANTIES. A. The Artist represents and warrants that: (a) the Work is the original creation of the Artist; (b) the Work is unique and an edition of one; (c) no identical or greatly similar Work will be created by the Artist; (d) the Work does not infringe upon any copyright, trademark, or any other property or personal right; (e) the Work is free and clear of liens or encumbrances from any source whatsoever; and (f) the Artist knows of no adverse claims to the Work and neither the Work nor any portion thereof is in the public domain.
B. The Artist represents and warrants that: (a) the Work, as fabricated and installed, will be free of defects in material and workmanship, including any defects consisting of inherent vice, defined as qualities that cause or accelerate deterioration of the Work; and (b) maintenance of the Work will not require procedures substantially in excess of those described in the maintenance and preservation recommendations submitted by the Artist pursuant to Article 4. The warranties described in this paragraph shall survive for a period of two years after the City’s final acceptance of the installation of the Work (“Warranty Period”). During the Warranty Period, in the event of any breach of warranty that is curable by the Artist and which cure is consistent with generally accepted professional conservation standards, the Artist shall, at the request of the City, cure such breach at no cost to the City. The City shall give notice to the Artist of any such observed breach with reasonable promptness, and, if required hereunder, the Artist shall cure such breach with reasonable promptness.
ARTIST’S WARRANTIES. Artist represents and warrants that:
ARTIST’S WARRANTIES. (a) Artist warrants and represents that Artist (i) has full right power and authority to enter into this Agreement; (ii) is under no obligation or disability or prohibition which might prevent Artist from performing his obligations hereunder; (iii) will not during the term of this agreement enter into any agreement which might materially interfere with Artist’s ability to perform his obligation hereunder, including engaging any other person firm or corporation to act as Artist’s personal manager in the Entertainment Industry.
ARTIST’S WARRANTIES. The Artist represents and warrants that: (a) the Artist’s Work is the original creation of the Artist;
ARTIST’S WARRANTIES. 4.1 The Artist warrants to DNP that:
(a) the Artist is the sole author and owner of The Work and the Commissioned Submissions;
(b) The Work will be produced to a high standard and will use high quality Materials.
(c) the Artist is not infringing any intellectual property rights; and
(d) where there are other authors to The Work and Commissioned Submissions, the Artist has obtained written consent from each author to perform the obligations under this Agreement and the Artist will provide evidence of such consent to DNP.
(e) the Artist is not prevented by any indigenous law, cultural tradition or practices from entering into this Agreement with DNP.
4.2 The Artist guarantees the Materials (except where the Material is procured and supplied by DNP), skill and labour in The Work for the period of 12 months from the date of completion.
4.3 The Artist will indemnify DNP against loss, injury or damage (including any legal costs or expenses properly incurred) occasioned to DNP in consequence of any breach by the Artist of the warranties in clause 4.1.
ARTIST’S WARRANTIES. Artist and Lessee acknowledges there are no other warranties, conditions, terms or external representations outside that which is expressed and contained within this lease. The Artist makes no representations with respect to the suitability of the art for the Lessee’s use and operations once specified as suitable by the Lessee.
ARTIST’S WARRANTIES. Artist warrants and undertakes that:
4.3.1. Artist is the exclusive owner of any and all rights in and to the Artwork and that no other individual or entity may claim any rights, title and/or interest in and to said Artwork;
4.3.2. Artwork will contain nothing that will infringe any rights of any third party, nor be contrary to any law, nor does it contain any obscene, blasphemous or defamatory matter, and its exploitation shall not place any person in contempt of court nor in breach of any provision of any statute.
4.3.3. Artist is not aware, having made full and reasonable inquiry, of any claim by any third party that the Artwork or any pre-existing material incorporating the Artwork or included within the Artwork, or the exploitation of the Artwork by either party, has infringed or will infringe any rights of any third party and Artist agrees that Artist shall immediately inform Orica if Artist becomes aware of any such claim.
4.3.4. Artist undertakes and agrees to indemnify and hold Orica harmless from all and any claims, actions, proceedings, demands, obligations, liabilities, losses, costs, charges, damages, fines, judgments, assessments, penalties and other expenses incurred or suffered by Orica as a result of or arising from any act or omission of Artist under this Agreement, or at law.
4.3.5. Artist hereby waives in favour of Orica and all its assignees and successors in the title all moral rights in the Artwork to which Artist may be entitled under the relevant intellectual property regulations as amended from time to time to the extent necessary for us to exploit the license granted under this Agreement.
4.3.6. Artist irrevocably grants Orica the exclusive right to include an image of the Artwork in its catalog(s), postcard(s), educational material(s), and publication on its website, and for other promotional purposes, materials and opportunities.
4.3.7. Artist shall have no control over Xxxxx’s adaptations or alterations to the Artwork related to this Agreement. All adaptation/alteration decisions shall be made solely by Xxxxx’s representatives to promote NFTs sales.
ARTIST’S WARRANTIES
