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17.1.2 Except as otherwise disclosed in writing to the City prior to the time of <br />execution hereof, the Work is unique and original and does not infringe upon any <br />copyright and any other property or personal right; <br />17.1.3 That neither the Work delivered hereunder, nor a duplicate thereof, has <br />been accepted for sale elsewhere; and <br />17.1.4 The Work is free and clear of any liens or claims or encumbrances from <br />any source whatsoever. <br />17.2 The Artist shall defend and indemnify the City if a third party asserts a copyright <br />infringement or claim involving the Work. <br />17.3 Artist warrants to City that all work performed will be performed in a workmanlike manner. <br />17.4. The Work, as fabricated and executed, will use materials that are of good quality, fit for <br />the selected purpose, within manufacturer tolerances and warranties, and free from all <br />faults and defects not inherent in the quality required. <br />17.5. Notwithstanding anything herein to the contrary, for a period of two (2) years from the date <br />of the Final Payment, Artist agrees to replace or correct any material defects in the Work <br />and that relate to a defect in the design, workmanship, or materials, without cost to the <br />City. The City shall give notice to Artist of any observed material defect. If Artist fails to <br />cure any such material defects, or to make arrangements to do so within a reasonable <br />time satisfactory to the City, the City has the right to arrange for such replacements or <br />corrections, and Artist must reimburse the City for the costs of any such replacements or <br />corrections. If the City requests that Artist repair damage caused to the Work not related <br />to the design, workmanship, or materials (e.g., by vandalism, collision, extreme <br />environmental conditions, or other unforeseeable causes), the City will reimburse Artist <br />for reasonable material and labor costs for such repairs, except to the extent such damage <br />is due to a defect in design, workmanship or materials used in the Work. <br />17.6 Artist shall procure and maintain at the Artist's own expense and cost any kinds and <br />amounts of insurance that in the Artist's judgment may be necessary for the Artist's proper <br />protection in the prosecution of the warranties and guaranties hereunder. Prior to <br />commencing any warranty work required under this Section, the Artist shall procure and <br />maintain, at minimum, the insurance policies set forth in Subsections 7.2.1 and 7.2.2 <br />hereof, which policies shall be maintained throughout the pendency of the warranty work. <br />18.0 ENFORCEMENT <br />18.1 In the event that suit is brought upon this Agreement to enforce its terms, the parties shall <br />each bear and be responsible for their own attorneys' fees and court costs. <br />18.2 This Agreement shall be deemed entered into in Boulder County, Colorado, and shall be <br />governed by and interpreted under the laws of the State of Colorado. Any action arising <br />out of, in connection with, or relating to this Agreement shall be filed in the courts of <br />Boulder County or the federal district court for the District of Colorado, and in no other <br />court. Colorado law shall apply to the construction and enforcement of this Agreement. <br />21 <br />