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insurance coverage, although it is relieved of liability for uninsured loss or damage. 

[[underlined]] Seventh [[/underlined]]. Recognizes that the Heye Foundation will continue prudent operations from the date of the Memorandum to the time title to its collections passes to the Institution. 

[[underlined]] Eighth [[/underlined]]. Provides that income from the Heye Foundation endowment after transfer to the Institution, as well as any funds realized from asset sales, be maintained for the benefit of the new museum and applied in a manner approved by its board of trustees. The funds are to be accounted for separately from others of the Institution, which will charge fees for the costs of fund management and other support services, consistent with established policy. 

[[underlined]] Ninth [[/underlined]]. Provides for the memorialization in the Mall museum and New York facility of George Gustav Heye who created the collections that are the basis of the new museum. 

[[underlined]] Tenth [[/underlined]]. Relieves the Institution of the obligation to proceed unless appropriations or other funds are available and sufficient to perform the obligations of the Memorandum, and restates that the Institution is not responsible for liabilities of the Heye Foundation to the extent that they exceed assets transferred.

[[underlined]] Eleventh [[/underlined]]. Provides that the Memorandum is terminable only by written agreement, unless the required legislation is not enacted during the 101st Congress. In that case, the agreement is terminable at any time on sixty days' notice by either party. 

[[underlined]] Twelfth [[/underlined]]. Provides that the Memorandum is governed by New York law to the extent permitted under the Constitution and laws of the United States and under the jurisdiction of the Federal district court for the southern district of New York. It may be executed in two counterparts, and the Heye Foundation may assign its right to enforcement of the Memorandum to the New York Attorney General.