Objects lent to the City of Leander (the "City") shall remain in its possession for the time specified on the face of this agreement unless specific arrangements are made for extension of the loan in accordance with the City of Leander Guidelines for Display of Art in Public Places (the “Policy”). Objects may be withdrawn from exhibition only by mutual consent of the lender and the City or when the object is a safety hazard, in accordance with the Policy.
CARE AND PRESERVATION
The City shall take every reasonable precaution to secure the safety of the artwork on loan to the City, but is not responsible for damage or theft. Evidence of damage to objects at the time of receipt or while in the City custody will be reported immediately to the lender. No alteration, restoration, or repair of objects will be undertaken without the written authorization of the lender. The lender certifies that the objects lent are in good condition and will withstand ordinary strains of packing and transportation.
TRANSPORTATION AND PACKING
Cost of transportation and packing will be borne by the lender. The method of shipment and delivery is borne by the lender. Materials included in this loan shall be packed for shipment by an experienced and competent packer. The City is not responsible for objects during shipping or delivery. INSURANCE Unless otherwise instructed in writing or provided otherwise in this agreement, the City’s insurance policy will provide coverage for objects on loan to the City for the amount specified on the face of this agreement, against all risks of physical loss or damage from covered perils while on location during the period of the loan. This coverage is subject to the deductible as indicated in the insurance policy. The City will pay for damages up to the maximum deductible amount for objects damaged while on loan to the city and located at a City-owned or leased facility, unless the damage is caused by lender’s intentional or negligent acts or omissions. The City will be responsible for borrowed items only during the term of the loan.
The policy referred to and the coverage provided hereunder is subject to the exclusions stated in the policy. A certificate of insurance will be sent upon request. If the lender waives coverage under the City policy and chooses to maintain his/her own insurance, the City must be supplied with and approve a certificate of insurance naming the City as an additional insured, and waiving subrogation against the City, unless the exhibit is valued at less than $1,000 and the parties agree to completely waive insurance coverage. If the lender chooses to maintain his/her own insurance, this loan agreement shall constitute a release and hold harmless of the City and each of its officers, agents, employees, and contractors from any liability in connection with this agreement. Further, the lender and the owner shall indemnify the City, its officers, employees, agents, representatives and successors from any and all manner of actions and causes action, rights, suits, covenants, contracts, agreements, judgments, claims and demands, whether in law or in equity, resulting from his agreement. The City does not accept responsibility for any error or deficiency in information furnished to the lender's insurer or any lapses in coverage. By mutual consent of the Lender and City, the City may disclaim liability for items valued at less than the City's insurance deductible.
PUBLICITY AND PHOTOGRAPHY
Unless the City is notified in writing to the contrary, it is understood that the objects on loan may be photographed and reproduced in City publications and for publicity purposes connected with the exhibition.
INSPECTION OF ARTWORK
Lender shall inspect the artwork at the time lender picks up the artwork and shall advise the City of any damage to the art at that time.
COMPLIANCE WITH POLICY
The City and the lender shall comply with the terms of the Policy, which is attached hereto and incorporated herein by reference for all purposes.