Conservation measures

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  1. (a) If immediate conservation is necessary to protect a loan, a museum's property, or the safety and welfare of the public and the museum's staff and the loan agreement between the museum and the lender does not provide otherwise, a museum has the right to apply conservation measures to a loan without the lender's permission.

  2. (b) If immediate conservation is not necessary but conservation is needed to preserve the loan's value, a museum has the right to apply a conservation measure to a loan:

    1. (1) After the museum has notified the lender by certified or registered mail, return receipt requested, that a conservation measure is needed; and

    2. (2) If the lender or claimant:

      1. (A) Does not respond to the notice within seven (7) days after the date on the return receipt showing receipt of the notice; or

      2. (B) Refuses to consent to the protective measures and will not agree to the termination of the loan and the immediate retrieval of the loan.

  3. (c) When a conservation measure is undertaken under subsection (a) or subsection (b) of this section, the museum:

    1. (1) Has a lien on the loan and on the proceeds of any disposition of the loan for the cost of the conservation measure; or

    2. (2) Is not liable for any injury to or loss of the loan if the museum:

      1. (A) Had a reasonable belief at the time conservation measures were taken that the conservation measures were necessary; and

      2. (B) Exercised reasonable care in the choice and application of conservation measures.


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