Artist Consignment Agreement Page 3

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9.
Consequential Damages. In no event under or in connection with the activities
contemplated by this Agreement shall either party be liable to the other party for special,
incidental or consequential damages, including but not limited to loss of income, sales, profits or
goodwill.
10.
Miscellaneous.
10.1
This Agreement constitutes the sole understanding of the parties with respect to
the matters contemplated hereby and thereby and supersedes and renders null and void all
other prior agreements and understandings between the parties with respect to such
matters. Any provision of this Agreement can be amended if, and only if, such
amendment is in writing and signed by both parties.
10.2
Neither party may assign its rights or delegate its duties under this Agreement
without the prior written consent of the other party.
10.3
This Agreement shall be governed by the laws of the State of Ohio,
notwithstanding any conflict of law provision to the contrary.
10.4
If any provisions in this Agreement are determined by any court to be invalid or
unenforceable, the invalid or unenforceable provisions of this Agreement shall not affect
the other provisions hereof which shall continue in full force and effect.
10.5
This Agreement may be executed in two or more counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the same
instrument.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set
forth above.
THE HOLDEN ARBORETUM
ARTIST
Signature ___________________________
Signature
Print Name: _________________________
Print Name:
Print Title: __________________________
Address:
Phone No.:
Email:

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