3. Date of Delivery. The Artist agrees to complete the
Work within __90 ___ days
of the estimated due date specified at time of receiving the Purchaser’s initial payment
This completion date shall be extended
for such period of time as the Artist may be
disabled by illness preventing progress of the Work.
The completion date shall also be extended in the event of delays caused by
events beyond the control of the Artist, including but not limited to fire,
theft, strikes,
shortages of materials, and acts of God. Time shall not be considered of the essence
with respect to the completion of the Work.
Purchaser will be notified of any substantial delay in Delivery Date.
4. Shipping Charges: Purchaser agrees to pay all shipping
charges and
special handling charges if applicable. Upon completion of the Work, it
shall be shipped to the following address specified by the Purchaser:
___________________________________________________________________
___________________________________________________________________
5. Termination. This Agreement may be terminated on the
following conditions:
(A) The Purchaser may, upon payment of any progress payment due
pursuant to
Paragraph 2 or upon payment of an amount agreed in writing by the Artist to represent
the pro rata portion of the price in relation to the degree of completion of Work,
terminate this Agreement. The Artist hereby agrees to give promptly a good faith
estimate of the degree of completion of the Work if requested by the Purchaser to do so.
(B) The Artist shall have the right to terminate this Agreement
in the
event the Purchaser is more than sixty days late in making any payment due pursuant
to Paragraph 2, provided, however, nothing herein shall prevent the Artist bringing
suit based on the Purchaser’s breach of contract.
(C) The Purchaser shall have the right to terminate this Agreement if
the Artist fails
without cause to complete the Work within 180 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.
(D) 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),
or (C) 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.
7. Copyright and Reproduction. The Artist reserves all
rights of reproduction and all
copyrights in the Work, the preliminary design, and any incidental works made in the
creation of the Work. 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. Nonassignability. Neither party hereto shall have the right to
assign this Agreement
without the prior written consent of the other party. The Artist shall, however, retain
the right to assign monies due to him or her under the terms of this Agreement.
9. Integration. This Agreement constitutes the entire
understanding
between the parties. Its terms can be modified only by an instrument in
writing signed by both parties.
10. Waivers. A waiver of any breach of any of the provisions of
this Agreement shall
not be construed as a continuing waiver of other breaches of the same or other provisions
hereof.
11. Notices and Changes of Address. All notices shall be sent by
registered or certified
mail, return receipt requested, postage prepaid, to the Artist and Purchaser at the
address first given above unless indicated to the contrary here _____________
__________________________________________________________________
__________________________________________________________________
Each party shall give written notification of any change of address prior to the date of
said change.
12. Governing Law. This Agreement shall be governed by the laws
of the State of
_Oregon_.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement as of
the
date first set forth above.
