1. CARE, PRESERVATION AND EXHIBITON

a.. The Berkshire Museum will exercise the same care with respect to loans as it does in the safekeeping of comparable property of its own. Loans will be protected from fire, theft, mishandling, dirt and insects, and extremes of light while in Berkshire Museum’s custody, subject to the limitations stated in section 3. It is understood by the Lender and Berkshire Museum that all tangible objects are subject to gradual inherent deterioration for which neither party is responsible.

b.. Evidence of damage not described in Lender’s condition report at the time of receipt or while in Berkshire Museum’s custody will be reported immediately upon discovery to the Lender. It is understood that objects, which in the opinion of Berkshire Museum, show evidence of infestation may be fumigated at the reasonable discretion of the Berkshire Museum.

c.. The Lender shall have object(s) lent prepared for exhibition, including framing and hardware for hanging. In accordance with Berkshire Museum guidelines, all flatworks to be hung shall be prepared with standard d-rings appropriate for the weight of the object(s). Berkshire Museum reserves the right to adjust or replace hardware without prior Lender consent. The Lender will otherwise be requested to provide written authorization for any alteration, restoration or repair.

d.. Berkshire Museum retains the right to determine when, if, and for how long loans will be exhibited.

2. TRANSPORTATION AND PACKING (as applicable)

a.. The Lender certifies that the object(s) lent are in such condition as to withstand the ordinary strains of packing, transportation and handling. Prior to delivery, Berkshire Museum must receive a written report of the loan’s condition. If the lender fails to provide said report, it will be assumed that the loan is received in the same condition as documented upon entering possession of Berkshire Museum. Condition will be noted upon the Receipt of Delivery upon arrival at Berkshire Museum and departure.

b.. Costs of transportation and packing will be borne by the Lender. The Lender shall be responsible for transportation and shall be responsible for any damages occurring during transport. Loans shall remain in the possession of the Berkshire Museum for the time specified on the face of this receipt, but may be withdrawn from exhibition at any time by the director or trustees of the museum.

c.. Unless the museum is notified in writing to the contrary, loans will be released only to the owner on the face of this agreement. If the legal ownership of the work should change during the period of this loan, whether by reason of death, sale, insolvency, gift or otherwise, the owner will, prior to its return, be required to establish his legal right to receive the work by proof satisfactory to the Museum. Berkshire Museum will accept no responsibility to search for a Lender (or owner) who cannot be reached at the address on record.

d.. The Lender will assure that the loan is adequately and securely packed for the type of shipment agreed upon, including any special instructions for unpacking and repacking.

The loan will be returned packed in the same or similar materials as received unless otherwise authorized by the Lender.?????

3. INSURANCE

a.. The Berkshire Museum will insure this loan under its fine arts policy for the amount indicated on the face of this loan agreement against all risks of physical loss or damage from any external cause while on location during the period of the loan. The policy referred to contains the usual exclusions of loss or damage due to such causes as wear and tear, gradual deterioration, moths, vermin, inherent vice, war, hostilities, insurrection, nuclear reaction or radiation, and for damage resulting from any unauthorized repairing, restoration or retouching process.

b.. Where Berkshire Museum provides insurance, this loan agreement, when signed and delivered by Berkshire Museum, shall act as a certificate of insurance naming the Lender as an additional insured.

c.. Insurance will be placed in the amount specified by the Lender herein, which must reflect fair market value. If a work, which has been industrially fabricated, is damaged, and it can be repaired or replaced to the artist’s specifications, the Museum’s liability shall be limited to the cost of such replacement. If the Lender fails to indicate an amount, Berkshire Museum, with the implied concurrence of the Lender, will set a value for purposes of insurance for the period of the loan. Said value is not to be considered an appraisal. The amount payable by this insurance is the sole recovery available to the Lender in the event of loss or damage.

d.. The Lender exonerates and releases Berkshire Museum from liability exceeding the fine arts policy limits and from causes beyond the scope of its fine arts policy, and waives any right of subrogation against Berkshire Museum for losses paid under Lender’s fine arts insurance.

e.. The lender agrees to U.S. government indemnity, if applicable to this loan, at U.S. dollar value as of the date of this loan agreement.

3. REPRODUCTION AND CREDIT

a.. Unless otherwise indicated on the face of this agreement or otherwise notified in writing by the Lender, Berkshire Museum may photograph, video, telecast and/or reproduce the loan for catalogue, documentation, educational and publicity purposes.

b.. Unless otherwise instructed in writing, Berkshire Museum will give credit to the Lender as specified on the face of this agreement in any printed material.

c.. Whether individual labels are provided for loans on exhibition is at the discretion of Berkshire Museum.

4. RETURN OF LOANS

a.. Berkshire Museum’s right to return the loan shall accrue absolutely at the termination date of the loan. If reasonable efforts to return the loan fail, then Berkshire Museum shall have the right to place the loan in storage at the Lender’s risk and expense. If the loan is not claimed after one (1) year from the termination date of the loan, the Lender hereby gives all right, title and interest in the object lent as an unrestricted and unredeemable absolute charitable gift to the Berkshire Museum.

b.. When a loan is returned by Berkshire Museum, the Lender shall have thirty (30) days to examine and make any claims for damages. If a claim is not made within the thirty (30) days, then the Lender hereby waives said claim.

c.. The Lender waives any claim for damages owing to delays in returning the loan for reasons beyond the reasonable control of Berkshire Museum.

5. APPLICABLE LAW

a.. This agreement shall be governed and construed in accordance with the laws of the State of Massachusetts.

b.. In signing this Agreement, the lender certifies that he or she is the legal owner or authorized agent of the legal owner of the object(s) described on the obverse and that he or she has read and accepts the above conditions.

c.. The aforesaid conditions shall apply to all objects lent to the Museum and cannot be altered, changed, waived or otherwise affected except by written consent of the museum