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General Provisions - 2 <br />City shall not be liable for injury to or loss of the Work by such measures. If the City applied <br />conservation measures as provided in this Section, and if the Lender is the author of the Work, <br />the Lender may require the City to remove any attribution of the Work to the Lender, but Lender <br />otherwise agrees that 17 U.S.C. §106A(a)(3) shall not apply. <br />13. Indemnification. If the Lender is not the author of the Work, the Lender shall defend and <br />indemnify the City from any claims, demands, lawsuits or other action by the author of the Work <br />arising out of the author’s rights under 17 U.S.C. §101 et seq. <br />14. Insurance. <br />A. 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 <br />external cause while at any location during the period of this loan, subject to the following <br />limitations: <br />1. If the Work has been industrially fabricated and can be replaced to the Lender's <br />specifications, the amount of such insurance shall be limited to the cost of such <br />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 Lender’s own insurance on the Work; <br />3. The City may in its discretion require an appraisal or other reasonable evidence of <br />the estimated fair market value of the Work for insurance purposes; <br />4. If the Lender does not state a fair market value for the Work or the Lender cannot <br />produce reasonable evidence of the Work's fair market value, the City may either <br />(i) require the Lender to maintain its own insurance on the Work, or (ii) insure the <br />Work in an amount determined by the City (provided that such determination <br />5. shall not be construed for any purpose to be an appraisal by the City); <br />6. The City is not required to insure for any risk or loss beyond the coverage provided <br />by its "all risk" policy. <br />B. Neither the execution of this Agreement nor the provision of insurance coverage at the <br />Lender's stated fair market value shall constitute an endorsement or approval of the Lender's <br />stated fair market value by the City for any purpose whatsoever. The City's policy covering <br />the Work will contain the usual exclusions for loss or damage due to war, invasion, hostilities, <br />rebellion, terrorism, insurrection, confiscation by order of any government or public <br />authority, risks of contraband or illegal transpiration and/or trade, nuclear damage, wear and <br />tear, gradual deterioration, insects, vermin and inherent vice, and for damage sustained due <br />to and resulting from any repairing, restoration or retouching process unless caused by fire <br />and/or explosion. The Lender agrees that, in the event of loss or damage, recovery shall be <br />limited to such amount, if any, as may be paid by the insurer, thereby releasing the City, and <br />the officers, agents and employees of the City from liability for any and all claims arising out <br />of such loss or damage. <br />C. If the Lender chooses to maintain his own insurance, the Lender must provide to the City: (i) <br />a certificate of insurance evidencing coverage; (ii) an endorsement naming the City as an <br />additional insured; and (iii) waiver any rights of subrogation against the City from any liability <br />in connection with the Work. The City shall not be responsible for any error or deficiency in <br />information furnished to the Lender's insurer or for any lapses in the Lender's insurance <br />coverage. <br />15. Limits on Liability. In no event is City liability to Lender in excess of the fair market value of the <br />Work. The City has no liability to third parties. The City shall not be liable for loss of or damage <br />to the Work due to or resulting from (i) normal wear and tear, (ii) gradual deterioration or vermin,