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