long termloanagreement by eprITM4m

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									                LOAN FOR USE AGREEMENT
                FOR LONG-TERM LOAN FOR USE*




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                The undersigned,


                [name of museum, possibly legal entity],

                located at [address]

                in [place],

                represented by* [name and position],

                hereafter referred to as [name of museum]*;


                and


                [name of museum, possibly legal entity],

                located at [address]

                in [place],

                represented by [name and position],

                hereafter referred to as [name of museum]*;


                hereafter jointly referred to as "the Parties";


                whereas:*
                     museums have the social duty to present the objects entrusted to them to the
                      public as frequently as possible and to make these objects available for
                      research or educational purposes;
                     museums have the duty to protect the objects entrusted to them as well as
                      possible against deterioration, damage and loss;
                     objects will be given on loan only if this, in all reasonableness, fits in with the
                      nature and scope of the exhibition for which the loan for use is requested;
                     inclusion in the Dutch Museum Register [Nederlands Museumregister] requires
                      that loan for use agreements with a term of at least 25 years have been
                      concluded for that part of the core collection that is not owned by the
                      museum;*


                agree as follows.




DEFINITIONS     "Loan for Use": The giving on loan by one museum (the Lender) and the having on
                loan by another museum (the Borrower) of one or more Objects.
                "Object": The item or items given on loan.
ARTICLE 1.   Substance of the Agreement
             1.   The Lender shall give the Borrower the Object as listed in the Schedule
                  appended hereto on loan.*
             2.   The Loan for Use will be granted for no consideration.*
             3.   The Object will be given on loan for the purpose of [purpose of the Loan for
                  Use].


ARTICLE 2.   Duration of the Agreement
             1.   The Loan for Use will start on the date on which the Object is transported from
                  the Lender to the Borrower. For this Agreement, this date is [state date].
             2.   This Agreement has been entered into for [state]* years and will, therefore, be
                  valid until [state date].*


ARTICLE 3.   Transport and Packaging*
             1.   The Lender shall see to transport and packaging of the Object at the Borrower's
                  expense and risk.*
             2.   In this case, the Borrower will approve the offer or offers for transport and
                  packaging in advance.*
             3.   The Object will be transported by a suitable carrier approved by the Lender in
                  advance.
             4.   The Lender will set further conditions in respect of the Object's transport, viz.
                  [state].*


ARTICLE 4.   Exhibitions
             1.   The Borrower will exhibit the Object exclusively in/at [state location]. The
                  Object may be transferred to another location with the Lender's express
                  written approval only.*
             2.   The Borrower will exhibit the Object exclusively for the purpose stated in
                  Article 1.3.
             3.   The Borrower will conduct the general management of and supervise the room
                  where the Object is exhibited.
             4.   At the Lender's request, the Borrower shall make a Facility Report available for
                  inspection.*
             5.   The Borrower shall see to suitable conditioning of the room, which means,
                  inter alia, that the Borrower shall see to:
                 strict compliance with non-smoking rules and a ban on eating and drinking in
                  the room;
                 security measures;*
                 climate and light conditions in conformity with the general standards for
                  museums; and
                 a ban on photography by visitors and, in the event of photography for which
                  permission has been given, a ban on intense light sources for photo and/or film
                  shoots.*
             6.   The Lender may set additional conditions in respect of the circumstances under
                  which the Object is exhibited, viz. [state]*.
             7.   Apart from the provision laid down in Article 4.4, the Borrower shall do
                  everything that may be expected from a prudent Borrower to handle the
                  Object as carefully as possible.




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ARTICLE 5.   Reports on the Object's Condition
             1.   Before the Object is transported to the Borrower, the Lender shall send the
                  Borrower a recent report on the Object's condition. The report will specify the
                  Object's condition as accurately as possible. A recent photograph of the Object
                  must be included in the report.*
             2.   Upon the Object's arrival at the Borrower's, the Borrower shall promptly check
                  the report on the Object's condition. If the Borrower holds the view that the
                  report does not give a proper representation of the Object's condition, it shall
                  immediately so notify the Lender. If the Parties hold the view that the report
                  on the Object's condition must be revised, the Lender will receive a copy of the
                  revised report.
             3.   The Borrower shall draw up another report on the Object's condition, a copy of
                  which will be delivered to the Lender, one week before the Object is returned
                  to the Lender, at the latest. If the Lender notes discrepancies that are not the
                  result of normal wear and tear of the Object and that require restoration, the
                  Lender will decide how the restoration will be carried out. In that case, the
                  costs must be borne by the Borrower.


ARTICLE 6.   Restoration/Preservation
             1.   Without the Lender's prior written permission, the Borrower may not at any
                  time restore an Object given on loan, frame it or remove it from its frame,
                  clean it or otherwise change the Object (or have such done), unless there is no
                  time to ask and obtain permission because of an urgent circumstance* and this
                  urgent circumstance means that action must be taken immediately. In that
                  case, the Borrower shall do everything reasonably in its power to preserve the
                  Object.
             2.   If the Lender gives prior permission for restoration, the issue as to which Party
                  shall bear the costs and risk of the restoration will be determined at the same
                  time.


ARTICLE 7.   Intellectual Property
             1.   The Borrower may record the Object on photo, film or digitally.*
             2.   If the Borrower wishes to use already existing photographs, films or digital
                  material of the Object that are subject to rights (copyrights), the Borrower
                  shall respect these copyrights and consult with the copyright owner or owners
                  about a fee for the use of the material.
             3.   The Borrower shall at all times respect any still existing copyrights in the
                  Object.


ARTICLE 8.   Risk of the Loan for Use
             1.   The Loan for Use will be granted for the Borrower's expense and risk.
             2.   The Lender shall ensure that the strict liability, to the extent applicable, of
                  external companies carrying out activities posing risks, including but not
                  limited to professional cleaners, will be laid down contractually. To limit the
                  risks, the Borrower shall draw up Safety Rules.*
             3.   The Lender shall ensure that the carrier's strict liability during transport will be
                  laid down contractually.




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              4.   If the Object is lost or damaged, the Borrower shall immediately so notify the
                   Lender.
              5.   The Borrower will not be liable for normal wear and tear of the Object or any
                   damage to the Object caused by a circumstance that cannot be attributed to
                   the Borrower.*


ARTICLE 9.    Insurance
              1.   The Borrower shall take out adequate insurance for the Object, according to
                   the insurance conditions applicable in exchanges between museums "from nail
                   to nail"*.
              2.   The duty to insure the Object as referred to in paragraph 1 of this Article will
                   not apply if further written regulations with respect to the allocation of
                   liability/mutual indemnification already exist between the Parties*.


ARTICLE 10.   Costs of the Loan for Use
              1.   The following costs will be borne by the Borrower.
                  The insurance premium. The insurance must preferably be taken out with
                   [state name of insurance company].
                  The costs of packing the Object
                  The costs of transport
                  The costs of conditioning the room where the Object is exhibited
                  A contribution towards the costs of preserving and/or restoring the Object
              2.   In case these costs are incurred by the Lender, the Lender will charge these
                   costs on to the Borrower. The Borrower shall pay the relevant invoice within
                   30 days.*


ARTICLE 11.   Premature Termination
              If the Borrower fails to handle the Object as prescribed by this Agreement, the
              Lender may terminate the Loan for Use Agreement with immediate effect and
              without the intervention of a judicial authority, and demand that the Borrower see
              to it that the Object is promptly returned to the Lender.


ARTICLE 12.   Right to Repossess the Objects
              1.   In the event that the Lender urgently needs the Object itself before the end
                   date of this Loan for Use Agreement due to a circumstance that could not
                   reasonably have been foreseen upon the conclusion of this Loan for Use
                   Agreement, the Lender shall so notify the Borrower in writing, stating reasons.
                   Subsequently, the Borrower shall hand the Object over to the Lender as soon as
                   reasonably possible.
              2.   The Borrower may return the Object to the Lender before the end date of this
                   Loan for Use Agreement on the grounds of an urgent circumstance that could
                   not reasonably have been foreseen upon the conclusion of this Agreement,
                   provided that the Lender confirms that it has storage room available for the
                   Object. Should this not be the case, the Borrower shall store the Object at its
                   own expense in a suitable storage room until the end of the Loan for Use
                   Agreement or as much sooner as is indicated by the Lender.*




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ARTICLE 13.   Inclusion of the Borrower in the Dutch Museum Register
              The Lender agrees to the fact that the Borrower, if it wishes to be eligible for
              inclusion in the Dutch Museum Register, registers the Objects with the Dutch
              Museum Register as being part of its core collection.*


ARTICLE 14.   ICOM Code of Ethics
              Both the Borrower and the Lender shall comply with the provisions laid down in the
              ICOM Code of Ethics.


ARTICLE 15.   Disputes
              This Agreement will be subject to Dutch law.*




              So agreed and drawn up in duplicate,


              [the Lender] Name:

              Place:

              Date:




              [the Borrower] Name:

              Place:

              Date:




              Schedules:
                  Line of Conduct Regarding Professional Museological Ethics
                   [Gedragslijn museale beroepsethiek]
                  List of Objects on loan


              * see explanatory notes




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