Ken Barnes 7/27/2023 - Laserfiche WebLink

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