Default by Artist. In the event of termination for non-performance or default by Artist after City’s issuance of notice to proceed on a project task order, all finished and unfinished drawings, photographs, plans, timelines, and/or any and all other work products prepared and submitted or prepared for submission under this Agreement or project task order, and all rights, title, and interest thereto, including those described in section V.A. of this Agreement, shall, at City’s option, become City’s property, and the right to fabricate and/or install the artwork or other products shall pass to City. Notwithstanding this provision, Artist shall not be relieved of any liability for damages sustained by City attributable to Artist’s default or breach of this Agreement or project task order. City may reasonably withhold payments due until such time as the exact amount of damages due to City from Artist is determined. Artist shall not be relieved of liability to City for damages sustained by City by virtue of any breach or default of this Agreement or project task order by Artist. This provision shall survive the termination of this Agreement or project task order and shall not relieve Artist of liability to City for damages.
Default by Artist. Artist is in default under this Agreement if Artist commits any material breach or default of any covenant, warranty, obligation or agreement under this Agreement, fails to perform the Work under this Agreement within the time specified herein or any extension thereof, or so fails to pursue the Work as to endanger Artist’s performance under this Agreement in accordance with its terms, and such breach, default or failure is not cured within fourteen (14) calendar days after City’s notice, or such longer period as City may specify in such notice.
