Warranties of Quality and Condition. Artist represents and warrants to the Town 1. All materials used in creating the Artwork and made a part of the Artwork shall be new and of good quality, free of defects (including qualities that cause or accelerate deterioration of the Artwork). 2. The Artwork and any materials used in creating the Artwork, and made a part of the Artwork, or placed permanently in the Artwork, are not currently known to be harmful to public health and safety and are durable to withstand swings in temperature from 20 degrees below zero to 100 degrees Fahrenheit and wind speeds up to 130 miles per hour. 3. The Artwork will not fall below an acceptable standard of public display or experience irreparable conditions, beyond general wear and tear, that do not fall within an acceptable standard of public display, including mold, rust, fracturing, staining, chipping, tearing, abrading and peeling, for a period of 3 years from the date of final acceptance of the Artwork by the Town. 4. Artist agrees to repair, cure, restore or replace, at its own expense and under the direction of the Town, any portion of the Artwork which fails or is defective, unsound, unsatisfactory because of materials or workmanship, or which is not in conformity with the provisions of this Agreement, for a period of 3 years from the date of final acceptance of the Artwork by the Town. Should Artist fail to perform any such work after a request by the Town, the Town may seek the services of qualified personnel to perform such work, and Artist shall reimburse the Town for all associated costs.
Appears in 4 contracts
Samples: Public Art Commission Agreement, Public Art Commission Agreement, Public Art Commission Agreement
