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2 <br />Facilities Director, and this approval may be withheld at the Director’s sole discretion. <br />5. DELIVERY <br />The Museum is responsible for moving the Artifacts from their current City location to the <br />display location and to any subsequent Museum display locations. <br />6. STANDARD OF CARE <br />The Museum shall at the Museum’s cost take care of the Artifacts as it would any similar <br />Museum property. <br />7. REPRODUCTION RIGHTS <br />The City authorizes and licenses the Museum to reproduce and publish images of the <br />Artifacts in any medium for the purpose of publicizing the Artifacts, the Museum or <br />Museum programs. <br />8. AS-IS CONDITION <br />The City loans the Artifacts to the Museum AS IS, WHERE IS, and WITH ALL FAULTS. The City <br />expressly disclaims and makes NO EXPRESS WARRANTIES, NO IMPLIED WARRANTIES and NO <br />GUARANTEES of any kind whatsoever regarding the Artifacts. <br />9. ALTERATIONS <br />The Museum will not make permanent alterations to any of the Artifacts without the prior <br />written approval of the City’s Parks and Facilities Director, which is at the Director’s sole <br />discretion. <br />10. INSURANCE <br />If the City desires that the Museum carry insurance on the Artifacts and gives written notice <br />thereof to the Museum, then the Museum shall use commercially reasonable efforts to <br />insure the Artifacts at fair market value and shall maintain such insurance until the end of <br />the Loan term or until the City gives notice that insurance is no longer required. If procuring <br />and maintaining such insurance for the Artifacts increases the cost of the Museum’s <br />insurance premiums beyond what the Museum’s premiums would be without the Artifacts, <br />then the City must promptly reimburse the Museum for such increase. <br />11. LIABILITY FOR PERSONAL INJURIES <br />The Museum WAIVES AND RELEASES the City and shall INDEMNIFY AND DEFEND AND HOLD <br />THE CITY HOLD HARMLESS from any and all claims, known or unknown, foreseen or <br />unforeseen, that the Museum now has or that may subsequently accrue to the Museum, <br />arising out of or relating personal injuries caused by the Artifacts during the term of the Loan. <br />This section 11 survives termination or expiration of the Loan and this Agreement. <br />12. TERMINATION OF AGREEMENT <br />This Agreement may be terminated as follows: <br />A. In the event of a breach of this Agreement, the non-breaching party may give the <br />breaching party notice of such breach. If the breach is not cured within 90 days after