Common use of FUTURE MODIFICATION OR RELOCATION Clause in Contracts

FUTURE MODIFICATION OR RELOCATION. Removal or relocation of the ARTWORK, if practical and economically feasible as determined by CITY, in its sole discretion, will occur in conformity with the City’s Public Art Policy. CITY’s decisions regarding removal or relocation of the ARTWORK is final and may occur at any time. 14.4.1. CITY has the right to remove the ARTWORK from the SITE at any time. In addition, in the event that any element of the ARTWORK constitutes a public safety hazard, CITY has the right to remove only the element posing the public safety hazard without prior written notice to ARTIST. 14.4.2. CITY has the right to donate or sell the ARTWORK at any time. Before exercising this right, CITY shall give ARTIST 30 days from issuance of written notice to ARTIST to purchase the ARTWORK for the greater of the TOTAL PRICE or market value, plus all costs associated with the removal of the ARTWORK from the SITE, clean-up of the SITE and delivery to ARTIST. 14.4.3. CITY agrees to not intentionally modify the ARTWORK without providing ARTIST prior written notice. Should the need arise; CITY may negotiate with ARTIST to conduct or supervise ARTWORK restoration.