DEATH OR INCAPACITY OF ARTIST. In the event of ARTIST’s physical incapacity or death prior to the completion of the ARTWORK, all payments made up to the point of incapacity or death will be retained by ARTIST and all work performed to date of incapacity or death will be compensated. Upon payment, the incomplete ARTWORK and any materials paid for by CITY will become CITY property. However, if the ARTWORK is substantially designed and/or completed and it is feasible for the ARTWORK to be fully completed without undue delay while remaining faithful to the ARTIST’s design, integrity and reputation, CITY may elect to proceed, under this Agreement, with completion and/or installation by ARTIST’s REPRESENTATIVE. All remaining work to be completed in accordance with this Agreement will be delegated to: [NAME, ADDRESS, PHONE NUMBER] (“REPRESENTATIVE”).
DEATH OR INCAPACITY OF ARTIST. If the ARTIST becomes unable to complete the Artwork due to death or incapacity, such death or incapacity will not be treated by the COUNTY as a default on the part of the ARTIST, except that the COUNTY is not obligated to accept the Artwork. In the event of incapacity of the ARTIST before completion of the Artwork, it is the intent of the parties that the COUNTY and the ARTIST and/or the authorized representatives of the ARTIST will consult to determine if the Artwork can be completed by a third party or parties to the satisfaction of the COUNTY and the ARTIST. In the event of incapacity of the ARTIST, the COUNTY may elect to terminate this Agreement or may elect to have the Artwork completed by a third party or parties. Should the Artwork be completed by a third party or parties, the ARTIST will retain rights under Section 7.20 herein above. In the event of death of the ARTIST, this Agreement shall terminate effective the date of death. At the COUNTY’s request, the ARTIST’s executor shall deliver to the COUNTY the Artwork in whatever form or degree of completion it may be in at the time. The title to the Artwork shall then transfer to the COUNTY however the ARTIST’s heirs shall retain all rights under Section 7.20 herein above. Should the Artwork be incomplete, the COUNTY and the ARTIST’s heirs will consult to determine whether the Artwork can be completed by a third party or parties, and how to properly credit the Artwork.
DEATH OR INCAPACITY OF ARTIST. Should the Artist become ill, disabled, injured, or otherwise incapacitated at any time between the execution of this Agreement and the date of completion, the Artist or one of the Artist’s representatives will notify Client promptly (with the understanding that pursuant to paragraph 2 of this Agreement, time is of the essence). In the event of Artist’s physical incapacity or death prior to the completion of the Agreement, all payments made up to the point of incapacity or death will be retained by Artist or Artist’s estate and all work performed to date of incapacity or death will be compensated. If the Conceptual Design is substantially completed and it is feasible for the work to be fully completed without undue delay, Client may elect to proceed under the terms of this Agreement with the written consent of Artist’s estate. In the event that Client elects to proceed with the completion of the Conceptual Design, all remaining work to be completed in accordance with this Agreement will be delegated to Artist’s studio personnel.
DEATH OR INCAPACITY OF ARTIST. In the event of Artist's death or incapacity during the Term hereof, Corporation shall be entitled to receive the Compensation set forth in Paragraph 4. above, provided Artist has completed performance of the Infomercial, Commercial and one (1) Personal Appearance.
DEATH OR INCAPACITY OF ARTIST a) Subject to Clause 11(c), in the event of the death or incapacity of the Artist prior to the acceptance of the Artwork by the City:
i) the City will become the owner of the Artwork in the condition in which the Artwork then stands at the date of death or incapacity;
ii) in consultation with the Artist or the Artist’s estate (as the case may be), the City may engage other artists or crafts persons to complete the Artwork in accordance with the Approved Design; and
iii) copyright in the Artwork will belong jointly to the Artist or the Artist’s estates (as the case may be) and the other artists or crafts persons who complete the Artwork.
b) If the City engages another artist or crafts person to complete the Artwork, the Artist or Artist’s estate (as the case may be), may request the removal of any notice displayed with the Artwork, which identifies the Artist with the Artwork.
c) Clause 11(a) is subject to the payment by the City to the Artist or the Artist’s estate of an amount, if any, which;
i) is proportionate to and reflective of the state of completion of the Artwork at the date of the death or incapacity of the Artist;
ii) includes any expenses incurred by the Artist in relation to the Artwork at the date of the death or incapacity of the Artist; and
iii) is calculated in consideration of the cost to the City of the completion of the Artwork by other artists or crafts persons.
d) The City shall give notice of substitute artist or crafts person to the Trustees of the Artist’s estate (as the case may be) and this nominee shall be deemed acceptable to the Trustee in the event that the Trustee does not notify the City within fourteen (14) days of such notice.
