07-25-19 - BOARD BOOK

10. The Decorator shall be responsible for receiving all shipments and deliveries and assumes the risk of loss for all shipments and deliveries pending acceptance by the Owner.

11. All drawings and/or sketches by Decorator are intended for construction of interior elements only and do not constitute a representation as to code compliance.

12. All documents from the building and/or Client, must be supplied as requested by Decorator in a timely manner. Decorator is not, cannot and shall not be responsible for the performance or non- performance of others on the Project. 13. Decorator shall be responsible for coordinating the inspection and receipt of all shipments and deliveries relative to FF&E. Notwithstanding the foregoing the Decorator will not be in possession of the merchandise and no bailment is created hereby. 14. This Agreement may be terminated by either party upon furnishing a thirty (30) day prior written notice to the other party. In the event Client terminates this Agreement, Decorator shall be entitled to payment for all Services provided through the date of termination subject to set-off for any damages incurred by the Owner arising from the Decorator’s performance of Services under this Agreement. All Services performed and merchandise ordered prior to effective date of termination is to be paid in full prior to release or return of documents subject to the intellectual property rights provisions of this Agreement. In the event Decorator terminates this Agreement, it shall return or release to the Client all documents relating to services provided under this Agreement through the date of termination for which Decorator has been compensated. 15. In the event, during the term of this Agreement, that Client determines to discontinue the use of Decorator’s Services on this Project, all commissions earned as of the date of termination will be due and payable with respect to any purchase orders of goods and design commissions that have been approved by Client in writing. 16. Decorator shall have the right to include any photographic or artistic representations of the Project among its promotional materials, provided no confidential information of Client is revealed. 17. In the event of any action, litigation or proceeding of any type regarding or relating to performance of this Agreement, the prevailing party shall be entitled to recover its reasonable costs and attorney’s fees at all trial, appellate and bankruptcy levels. The venue for any litigation from the Agreement shall be in a Court of competent jurisdiction in Palm Beach County, Florida.

18. Decorator is not responsible for the duration of this Project and does not make any representation as to the duration of this Project.

Instruments of Service:

Drawings, specifications and other documents, including those in electronic form, prepared by Decorator (the "Instruments of Service") in connection with or for the Project are to be used solely with respect to and in connection with the Project. Owner shall be entitled to a non- exclusive, conditional license to use all Instruments of Service but only to the extent that Owner has paid for those certain portions of the Instruments of Service. Instruments of Service includes all conceptual designs, drawings, specifications, electronic data and information and documents generated by the Decorator for this specific Project. Decorator will provide the Owner with a non-exclusive license to use those instruments of service generated by Decorator for the Service(s) as described in this Agreement. This non-exclusive license will solely and exclusively be used for purposes of constructing, using, maintaining, altering and adding to the Project. Once the entire Fixed Fee is paid to the Decorator, the Owner will be provided all right,

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