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(D) The Purchaser shall have the right to terminate this Agreement if the
Artist fails without cause to complete the Work within ninety days of the
completion date in Paragraph 3. In the event of termination pursuant to
this subparagraph, the Artist shall return to the Purchaser all payments
made pursuant to Paragraph 2, but shall not be liable for any additional
expenses, damages, or claims of any kind based on the failure to complete
the Work.
(E) The Purchaser shall have a right to terminate this Agreement if,
pursuant to Paragraph 3, the illness of the Artist causes a delay of more
than six months in the completion date or if events beyond the Artist's
control cause a delay of more than one year in the completion date,
provided, however, that the Artist shall retain all payments made pursuant
to Paragraphs 1 and 2.
(F) This Agreement shall automatically terminate in the event of the death
of the Artist prior to the Work being finished, provided, however, that
the Artist's estate shall retain all payments made pursuant to Paragraphs
1 and 2.
(G) The exercise of a right of termination under this Paragraph shall be
written and set forth the grounds for termination.
6. Ownership. Title to the Work shall remain in the Artist until the
Artist is paid in full. In the event of termination of this Agreement
pursuant to Subparagraphs (A), (B), (C), or (D) of Paragraph 5, the Artist
shall retain all rights of ownership in the Work and shall have the right
to complete, exhibit, and sell the Work if the Artist so chooses. In the
event of termination of this Agreement pursuant to Paragraph 5 (E) or (F),
the Purchaser shall own the Work in whatever degree of completion and
shall have the right to complete, exhibit, and sell the Work if the
Purchaser so chooses. Notwithstanding anything to the contrary herein, the
Artist shall retain all rights of ownership and have returned to the
Artist the preliminary design, all incidental works made in the creation
of the Work, and all copies and reproductions thereof and of the Work
itself, provided, however, that in the event of termination pursuant to
Paragraph 5 (E) or (F) the Purchaser shall have a right to keep copies of
the preliminary design for the sole purpose of completing the Work.
7. Copyright. The Artist reserves all rights of reproduction, sales of
reproductions in various forms and all copyrights in the Work, the
preliminary design, and any incidental works made in the creation of the
Work. Copyright notice in the name of the Artist shall appear on the Work,
and the Artist shall also receive authorship credit in connection with the
Work or any reproductions of the Work.
8. Right of Commission on Resale. On resale, trade or any other
transfer of the Work wherein value, money or goods are exchanged, the
Purchaser agrees to pay the Artist 10% of the gross sale price received or
10% of the fair market value of the Work as of the date of transfer.
9. Privacy. The Purchaser gives to the Artist permission to use the
Purchaser's name, picture, portrait, and photograph, in all forms and
media and in all manners, including but not limited to exhibition,
display, advertising, trade, and editorial uses, without violation of the
Purchaser's rights of privacy or any other personal or proprietary rights
the Purchaser may possess in connection with the ownership of the Work.
10. Non-Destruction, Alteration, and Maintenance. The Purchaser agrees
that the Purchaser will not intentionally |
