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Common use of Visual Artists Rights Act Clause in Contracts

Visual Artists Rights Act. 38.1 Lessee shall not install, or cause to be installed, any work of art subject to the Visual Artists’ Rights Act of 1990 (as amended), 17 U.S.C. 106A, et seq., or California Code Section 980, et seq., hereinafter collectively “VARA” on or about the Premises without first obtaining a waiver, in writing, of all rights under VARA, satisfactory to the Chief Executive Officer and approved as to form and legality by the City Attorney’s Office, from the artist. Said waiver shall be in full compliance with VARA and shall name City as a party for which the waiver applies. 38.2 Lessee is prohibited from installing, or causing to be installed, any piece of artwork covered under VARA on the Premises without the prior, written approval and waiver of the Chief Executive Officer. Any work of art installed on the Premises without such prior approval and waiver shall be deemed a trespass, removable by City, by and through its Chief Executive Officer, upon three (3) days written notice, all costs, expenses, and liability therefor to be borne exclusively by Xxxxxx. 38.3 Lessee, in addition to other obligations to indemnify, defend and hold City harmless, as more specifically set forth in this Lease, shall indemnify, defend and hold harmless City from all liability resulting from Xxxxxx’s failure to obtain City’s waiver of VARA and failure to comply with any portion of this provision. 38.4 The rights afforded City under this provision shall not replace any other rights afforded City in this Lease or otherwise, but shall be considered in addition to all its other rights.

Appears in 2 contracts

Samples: Lease, Lease

Visual Artists Rights Act. 38.1 Lessee Concessionaire shall not install, or cause to be installed, any work of art subject to the Visual Artists' Rights Act of 1990 (as amended), 17 U.S.C. 106A, et seq., or California Code Section 980, et seq., hereinafter collectively “("VARA") on or about the Premises without first obtaining a waiver, in writing, of all rights under VARA, satisfactory to the Chief Executive Officer Director and approved as to form and legality by the City Attorney’s 's Office, from the artist. Said waiver shall be in full compliance with VARA and shall name City as a party for which the waiver applies. 38.2 Lessee . Concessionaire is prohibited from installing, or causing to be installed, any piece of artwork covered under VARA on the Premises without the prior, written approval and waiver of the Chief Executive OfficerDirector. Any work of art installed on the Premises without such prior approval and waiver shall be deemed a trespass, removable by City, by and through its Chief Executive OfficerDirector, upon three (3) days written notice, all costs, expenses, and liability therefor therefore to be borne exclusively by Xxxxxx. 38.3 LesseeConcessionaire. Concessionaire, in addition to other obligations to indemnify, defend and hold City and City Agents harmless, as more specifically set forth in this LeaseAgreement, shall indemnify, defend and hold City and City Agents harmless City from all liability Claims resulting from Xxxxxx’s Concessionaire's failure to obtain City’s 's waiver of VARA and failure to comply with any portion of this provision. 38.4 . The rights afforded City under this provision shall not replace 09-11-14 Retail Is1 Amended Concession Agr K;RT/CDG/Concessions/T4578 Rev/FB/ Concessionaire, LAA-8551 any other rights afforded City in this Lease Agreement or otherwise, but shall be considered in addition to all its other rights.

Appears in 1 contract

Samples: Retail Concession Agreement

Visual Artists Rights Act. 38.1 Lessee 37.1 Concessionaire shall not install, or cause to be installed, any work of art subject to the Visual Artists' Rights Act of 1990 (as amended), 17 U.S.C. 106A, et seq., or California Code Section 980, et seq., hereinafter collectively "VARA" on or about the Premises Assigned Area without first obtaining a waiver, in writing, of all rights under VARA, satisfactory to the Chief Executive Officer Director and approved as to form and legality by the City Attorney’s 's Office, from the artist. Said waiver shall be in full compliance with VARA and shall name City as a party for which the waiver applies. 38.2 Lessee 37.2 Concessionaire is prohibited from installing, or causing to be installed, any piece of artwork covered under VARA on the Premises Assigned Area without the prior, written approval and waiver of the Chief Executive OfficerDirector. Any work of art installed on the Premises Assigned Area without such prior approval and waiver shall be deemed a trespass, removable by City, by and through its Chief Executive OfficerDirector, upon three (3) days days' written notice, all costs, expenses, and liability therefor to be borne exclusively by XxxxxxConcessionaire. 38.3 Lessee37.3 Concessionaire, in addition to other obligations to indemnify, defend indemnify and hold City harmless, as more specifically set forth in this Lease, shall indemnify, defend indemnify and hold harmless City from all liability resulting from XxxxxxConcessionaire’s failure to obtain City’s waiver of VARA and failure to comply with any portion of this provision. 38.4 37.4 The rights afforded City under this provision shall not replace any other rights afforded City in this Lease Agreement or otherwise, but shall be considered in addition to all its other rights.

Appears in 1 contract

Samples: Non Exclusive Concession Agreement

Visual Artists Rights Act. 38.1 Lessee Concessionaire shall not install, or cause to be installed, any work of art subject to the Visual Artists' Rights Act of 1990 (as amended), 17 U.S.C. 106A, et seq., or California Code Section 980, et seq.,, hereinafter collectively “("VARA") on or about the Premises without first obtaining a waiver, in writingwilting, of all rights under VARA, satisfactory to the Chief Executive Officer Director and approved as to form fonn and legality by the City Attorney’s 's Office, from the artist. Said waiver shall be in full compliance with VARA and shall name City as a party for which the waiver applies. 38.2 Lessee . Concessionaire is prohibited from installing, or causing to be installed, any piece of artwork covered under VARA on the Premises without the prior, written approval and waiver of the Chief Executive OfficerDirector. Any work of art installed on the Premises without such prior approval and waiver shall be deemed a trespass, removable by City, by and through its Chief Executive OfficerDirector, upon three (3) days written notice, all costs, expenses, and liability therefor therefore to be borne exclusively by Xxxxxx. 38.3 LesseeConcessionaire. Concessionaire, in addition to other obligations to indemnify, defend and hold City and City Agents harmless, as more specifically set forth in this LeaseAgreement, shall indemnify, defend and hold City and City' Agents harmless City from all liability Claims resulting from Xxxxxx’s Concessionaire's failure to obtain City’s 's waiver of VARA and failure to comply with any portion of this provision. 38.4 . The rights afforded City under this provision shall not replace 09-11-14 Retail 1st Amended Concession Agr K:RT/CDG/Concessions/T457S Rev/FB/ Concessionaire, LAA-8552 any other rights afforded City in this Lease Agreement or otherwise, but shall be considered in addition to all its other rightslights.

Appears in 1 contract

Samples: Retail Concession Agreement

Visual Artists Rights Act. 38.1 Lessee Concessionaire shall not install, or cause to be installed, any work of art subject to the Visual Artists' Rights Act of 1990 (as amended), 17 U.S.C. 106A, et seq., or California Code Section 980, et seq., hereinafter collectively (“VARA”) on or about the Premises Assigned Areas without first obtaining a waiver, in writing, of all rights under VARA, satisfactory to the Chief Executive Officer and approved as to form and legality by the City Attorney’s 's Office, from the artist. Said waiver shall be in full compliance with VARA and shall name City as a party for which the waiver applies. 38.2 Lessee . Concessionaire is prohibited from installing, or causing to be installed, any piece of artwork covered under VARA on the Premises Assigned Areas without the prior, written approval and waiver of the Chief Executive Officer. Any work of art installed on the Premises Assigned Areas without such prior approval and waiver shall be deemed a trespass, removable by City, by and through its Chief Executive Officer, upon three (3) days written notice, all costs, expenses, and liability therefor therefore to be borne exclusively by Xxxxxx. 38.3 LesseeConcessionaire. Concessionaire, in addition to other obligations to indemnify, defend and hold City and City Agents harmless, as more specifically set forth in this LeaseAgreement, shall indemnify, defend and hold City and City Agents harmless City from all liability Claims resulting from Xxxxxx’s Concessionaire's failure to obtain City’s 's waiver of VARA and failure to comply with any portion of this provision. 38.4 . The rights afforded City under this provision shall not replace any other rights afforded City in this Lease Agreement or otherwise, but shall be considered in addition to all its other rights.

Appears in 1 contract

Samples: Concession Agreement

Visual Artists Rights Act. 38.1 80.1. Lessee shall not install, or cause to be installed, any work of art subject to the Visual Artists' Rights Act of 1990 (as amended), 17 U.S.C. 106A, et seq., or California Code Section 980, et seq., hereinafter collectively "VARA" on or about the Demised Premises without first obtaining a waiver, in writing, of all rights under VARA, satisfactory to the Chief Executive Officer and approved as to form and legality by the City Attorney’s 's Office, from the artist. Said waiver shall be in full compliance with VARA and shall name City as a party for which the waiver applies. 38.2 80.2. Lessee is prohibited from installing, or causing to be installed, any piece of artwork covered under VARA on the Demised Premises without the prior, written approval and waiver of the Chief Executive Officer. Any work of art installed on the Demised Premises without such prior approval and waiver shall be deemed a trespass, removable by City, by and through its Chief Executive Officer, upon three (3) days written notice, all costs, expenses, and liability therefor to be borne exclusively by Xxxxxx. 38.3 80.3. Lessee, in addition to other obligations to indemnify, defend indemnify and hold City harmless, as more specifically set forth in this Lease, shall indemnify, defend indemnify and hold harmless City from all liability resulting from Xxxxxx’s failure to obtain City’s waiver of VARA and failure to comply with any portion of this provision. 38.4 The rights afforded City under this provision shall not replace any other rights afforded City in this Lease or otherwise, but shall be considered in addition to all its other rights.harmless

Appears in 1 contract

Samples: Lease Agreement