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hazard to the health or safety of the public or to the staff or agents of <br /> the City; and <br /> a. the City is unable to reach the Lender at the Lender's last address <br /> of record under this Agreement so that The City and the Lender <br /> can promptly agree upon a solution; or <br /> b. the Lender will not agree to the protective measures the City <br /> recommends, yet is unwilling or unable to terminate this loan and <br /> retrieve the Work. <br /> B. Lien and Hold Harmless <br /> If the City applies emergency conservation measures as provided above, the City shall <br /> have a lien on the Work and on the proceeds from any disposition thereof for the <br /> costs incurred. The City will use insurance proceeds to the extent available to cover <br /> Lender's loss. The City shall not be liable for injury to or loss of the Work if: <br /> (1) The City had a reasonable belief at the time the action was taken that <br /> the action was necessary to protect the Work or other property in the <br /> custody of the City, or that the Work constituted a hazard to the health <br /> and safety of the public or the staff or agents of the City; and <br /> (2) The City exercised reasonable care in the choice and application of such <br /> emergency conservation measures, considering all circumstances and <br /> knowledge reasonably available to the City at the time. <br /> If the City applied emergency conservation measures as provided above and if the <br /> Lender is the author of the Work, the Lender may require the City to remove any <br /> attribution of the Work to the Lender but otherwise agrees that 17 U.S.C. §106A(a)(3) <br /> shall not apply. <br /> 13. INSURANCE <br /> A. General <br /> Unless the Lender already has insurance on the Work that will be in effect during this <br /> Agreement, the City shall insure the Work for its fair market value at the beginning of <br /> this Agreement. Such insurance shall be for "all risks" of physical loss or damage from <br /> any external cause while at any location during the period of this loan, subject to the <br /> following limitations: <br /> (1) If the Work has been industrially fabricated and can be replaced to <br /> the artist's specifications, the amount of such insurance shall be <br /> limited to the cost of such replacement; <br /> (2) If the Work is fragile or otherwise difficult to insure, the City may insist <br /> that the <br /> Sculpture Loan Agreement 2020 <br /> Page 3 <br />