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the Museum without payment of rent, but subject to the payment of maintenance costs until the facilities described in subparagraphs (2), (3), and (4) of Article Second B. are available and the collections shall have been transferred thereto.

[[underlined]] Fifth. [[/underlined]] Upon satisfaction of the conditions expressed in Articles Second and Third hereof and provision of the appropriations contemplated in Article Second B. hereof, the Secretary of the Institution shall initiate planning for and design of the museum facilities described in subparagraphs (2), (3) and (4) of said Article Second B. Plans for the design of the facilities shall be approved by the Secretary in consultation with Board of Trustees and, should the City and/or State of New York contribute to the cost of constructing the facility described in Article Second B(3), with representatives of the City and/or State of New York with respect to that facility.

[[underlined]] Sixth. [[/underlined]] During the period between the date of this Memorandum and the time when title to said collections, endowment, and all other property shall pass to the Institution, the Heye Foundation shall care for the said collections and property and shall maintain its present insurance coverage against loss or damage to such property, it being understood, however, that in no event nor under any circumstances shall the Heye Foundation be liable for any 

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