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13-5-1009. Conservation measures.
Arkansas Code — all titles (historical 2020) · legal_authorities
13-5-1009. Conservation measures.
(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.
(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) After the museum has notified the lender by certified or registered mail, return receipt requested, that a conservation measure is needed; and
(2) If the lender or claimant:
(A) Does not respond to the notice within seven (7) days after the date on the return receipt showing receipt of the notice; or
(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.
(c) When a conservation measure is undertaken under subsection (a) or subsection (b) of this section, the museum:
(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) Is not liable for any injury to or loss of the loan if the museum:
(A) Had a reasonable belief at the time conservation measures were taken that the conservation measures were necessary; and
(B) Exercised reasonable care in the choice and application of conservation measures.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 13-5-1009
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:13-5-1009
Source file: gov.ar.code.title.13.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 11504a4a0641797774844c91fd0754d63c24395a45a2f06892287792baabf666
Source location: content.xml paragraph 2643
Stored source content
13-5-1009. Conservation measures.
(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.
(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) After the museum has notified the lender by certified or registered mail, return receipt requested, that a conservation measure is needed; and
(2) If the lender or claimant:
(A) Does not respond to the notice within seven (7) days after the date on the return receipt showing receipt of the notice; or
(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.
(c) When a conservation measure is undertaken under subsection (a) or subsection (b) of this section, the museum:
(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) Is not liable for any injury to or loss of the loan if the museum:
(A) Had a reasonable belief at the time conservation measures were taken that the conservation measures were necessary; and
(B) Exercised reasonable care in the choice and application of conservation measures.
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