Illness of Artist. The City shall have the right in its sole discretion to either terminate this Agreement or have the Artwork completed by another artist if, after the completion of the Design Services contract, the illness of the Artist or other circumstance that may cause an extended delay of more than three (3) months in the completion of the artwork beyond the completion date for the Artwork. Prior to termination, the Artist may submit a plan for consideration to complete the Artwork in accordance with the design materials and terms of the design proposal. If the City proceeds with such termination, the City shall have the right to have the Artwork fabricated, delivered and installed by a party mutually selected by the City and the Artist in accordance with the design materials, provided that the City shall compensate the Artist for all services provided prior to the date of termination. The Artist and the City shall make good faith efforts to mutually select a party for installation and fabrication of the Artwork. If the City and the Artist cannot mutually select a party for fabrication and installation, the City reserves the right to make such a selection in its discretion.
