19.24 – Conservation of Loaned Property.

§ 19.24 Conservation of loaned property.  1. Unless there is a written
loan  agreement  to  the  contrary,  the  office  may apply conservation
measures to property on loan to the office without giving formal  notice
or  first  obtaining  the  lender's  permission if action is required to
protect the property on loan or other property in  the  custody  of  the
office  or  if the property on loan is a hazard to the health and safety
of the public or the office staff, provided that:
  (a) the office is unable to reach the  lender  at  the  lender's  last
known  address or telephone number before the time the office determines
action is necessary; or
  (b) the lender either (i) does not respond to a request for permission
to apply conservation measures made pursuant to section  19.22  of  this
article  within three days of receiving the request or will not agree to
the conservation  measures  the  office  recommends  or  (ii)  fails  to
terminate  the  loan and either retrieve the property or arrange for its
isolation and retrieval within thirty days of receiving the request.
  If immediate  conservation  measures  are  necessary  to  protect  the
property  or  other  property in the custody of the office or to protect
the health or safety of the public or the office staff,  the  conditions
set forth in paragraphs (a) and (b) of this subdivision shall not apply.
  2.  Unless  provided otherwise in an agreement with the lender, if the
office applies conservation measures to property under  subdivision  one
of  this section, and such measures were not required as a result of the
office's own action or inaction, the office shall acquire a lien on  the
property  in  the amount of the costs incurred by the office, including,
but not limited to the cost of labor and materials,  and  shall  not  be
liable for injury to or loss of the property, provided that the office:
  (a)  had a reasonable belief at the time the action was taken that the
action was necessary to protect the property on loan or  other  property
in  the custody of the office, or that the property on loan was a hazard
to the health and safety of the public or the office staff; and
  (b) exercised  reasonable  care  in  the  choice  and  application  of
conservation measures.