§ 13-5-1009 - Conservation measures.
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 (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.