Art Commission Presidential Portrait

ART COMMISSION - PRESIDENTIAL PORTRAIT

Parties

Recitals

WHEREAS, Commissioner desires to commission from Artist a formal painted portrait of the President described as: , to be created in accordance with the specifications and schedule set forth herein; and

WHEREAS, Artist represents that Artist possesses the skill, experience and capacity to create the portrait and agrees to create, deliver and, if applicable, install the portrait under the terms of this Agreement; and

WHEREAS, the parties desire to set forth their respective rights and obligations in writing.

Scope of Work

Artist shall produce a presidential portrait in accordance with the following deliverables and standards:

Payment Terms

Commissioner agrees to pay Artist the total fee set forth below in consideration for the creation, delivery and licensing (as applicable) of the portrait.

All amounts are payable in United States dollars. Commissioner is responsible for any applicable sales, use or other taxes unless Artist is otherwise notified in writing prior to execution.

Term and Termination

This Agreement begins on the Effective Date and continues until final delivery and acceptance of the portrait unless earlier terminated in accordance with this section.

Either party may terminate this Agreement for material breach by the other party, provided that the non-breaching party gives written notice describing the breach and the breaching party fails to cure within the notice period specified above. Upon termination, Commissioner shall pay Artist for all work performed and documented costs incurred through the effective date of termination, less any payments previously made. Deposits are non-refundable except as provided in this Agreement.

Confidentiality

Each party shall keep confidential and not disclose to any third party any non-public information obtained from the other party in connection with this Agreement, including preparatory sketches, reference materials and internal communications, except as required by law or with prior written consent. Confidential information does not include information that is or becomes publicly available through no wrongful act of the receiving party.

Copyright, Moral Rights and Use

Unless otherwise agreed in writing, Artist retains copyright in the portrait and grants Commissioner a non-exclusive, perpetual license to display and reproduce the portrait for the Commissioner's official, non-commercial purposes, including display in government buildings and reproduction in official publications. Artist reserves the right to reproduce the work for Artist's promotional purposes unless an assignment is made below.

Where a transfer of copyright is effected, the parties will execute a separate written assignment instrument describing the scope of the transferred rights and any retained moral rights of the Artist.

Warranties and Indemnity

Artist warrants that the portrait will be original and will not infringe the rights of third parties. Commissioner warrants that any reference materials supplied to Artist do not violate third-party rights. Each party agrees to indemnify and hold harmless the other from claims, liabilities and expenses arising from a breach of the foregoing representations and warranties, except to the extent caused by the other party's negligence or willful misconduct.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to its conflicts of law principles.

Entire Agreement

This Agreement, together with any written attachments or exhibits expressly incorporated herein, constitutes the entire agreement between the parties concerning the subject matter and supersedes all prior negotiations, understandings or agreements, whether written or oral. Any amendment or modification must be in writing and signed by both parties.

The parties acknowledge that they have read and understand this Agreement, and agree to be bound by its terms.

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