Common use of MAINTENANCE AND CONSERVATION Clause in Contracts

MAINTENANCE AND CONSERVATION. ‌ 7.1 The City will, subject to the will of City Council and the availability of funding: (a) reasonably assure that the Artwork is properly maintained and protected; and (b) will reasonably protect and maintain the Artwork against the ravages of time, vandalism and the environmental elements. 7.2 The City agrees to keep the Artwork in a clean condition, free of debris or banners or signage which defaces the Artwork, all to the level which the Society considers to be appropriate and in accordance with the maintenance manual to be approved by the Society. 7.3 The reasonable maintenance of the Artwork will not require procedures substantially in excess of those recommendations described in the Design and the Completion Package submitted by the Artist as described in Schedule “C”. 7.4 With the exception of the Warranty period outlined in Section 4 and Schedule “B”, and with the exclusion of the maintenance criteria set out in the manual submitted by the Artist, in the event that the Artwork shall require repairs subsequent to the date of acceptance arising from normal weathering and “wear and tear”; then in such event the City and Society will have the right to determine, after consultation with the Artist and Society’s conservator, when and if repairs and restorations to the Artwork will be made. 7.5 In determining qualified individuals to implement a conservation plan for the Artwork, the Society will consider the Artist who created the Artwork, specialized service providers, and City or Society staff. Any work and material expense undertaken by the Artist in the context of conservation work shall be compensated by the Society unless such work results from a design or production flaw in the Artwork within the Warranty period.

MAINTENANCE AND CONSERVATION. ‌ 7.1 The City will, subject to the will of City Council and the availability of funding: (a) reasonably assure that the Artwork is properly maintained and protected; and (b) will reasonably protect and maintain the Artwork against the ravages of time, vandalism and the environmental elements. 7.2 The City agrees to keep the Artwork in a clean condition, free of debris or banners or signage which defaces the Artwork, all to the level which the Society considers to be appropriate and in accordance with the maintenance manual to be approved by the Society. 7.3 The reasonable maintenance of the Artwork will not require procedures substantially in excess of those recommendations described in the Design and the Completion Package submitted by the Artist as described in Schedule “C”. 7.4 With the exception of the Warranty period outlined in Section 4 and Schedule “B”, and with the exclusion of the maintenance criteria set out in the manual submitted by the Artist, in the event that the Artwork shall require repairs subsequent to the date of acceptance arising from normal weathering and “wear and tear”; then in such event the City and Society will have the right to determine, after consultation with the Artist and Society’s conservator, when and if repairs and restorations to the Artwork will be made. 7.5 In determining qualified individuals to implement a conservation plan for the Artwork, the Society will consider the Artist who created the Artwork, specialized service providers, and City or Society staff. Any work and material expense undertaken by the Artist in the context of conservation work shall be compensated by the Society unless such work results from a design or production flaw in the Artwork within the Warranty period.