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[[underlined]]Ninth[[/underlined]]. Within the facilities described in subparagraphs (2) and (3) of Article Second B. hereof and in such places and publications as may from time to time be appropriate, the Institution will memorialize the devotion of George Gustav Heye to the study of the indigenous peoples of the Western Hemisphere and inform the general public as well as the scholarly community of his efforts to establish the collections that are the foundation of the Museum.

[[underlined]]Tenth[[/underlined]]. Anything herein contained to the contrary notwithstanding:

A. the Institution shall be relieved of any and all obligations imposed on it by this Memorandum of Understanding and shall not be regarded in breach hereof for failure to perform said obligations unless and until it shall have received appropriations or other funds paid over or given to it for the Museum sufficient to enable it to perform same and

B. the Institution shall not be responsible for the liabilities of the Heye Foundation existing at the time of the transfer referenced in Article Fourth hereof to the extent that such liabilities exceed unrestricted funds of the Heye Foundation transferred to the Institution.

[[underlined]]Eleventh[[/underlined]]. This Memorandum of Understanding shall be terminable only by written agreement of the parties; provided that, if legislation containing provisions 

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