Agreement for the Loan of Certain Library Material to La Trobe University
Between the National Library of Australia and La Trobe University
THIS AGREEMENT is made on the day of 1991 BETWEEN NATIONAL LIBRARY OF AUSTRALIA a body corporate established under the National Library Act, 1960 of the first part AND LA TROBE UNIVERSITY a body corporate established under the La Trobe University Act, 1964 of the second part
WHEREAS:
- A. The Library owns the Library Material specified in the Schedule to this Agreement.
- B. The Library wishes to make that Library Material available on loan to the University and the University wishes to accept the Library's offer of loan on the following terms and conditions.
NOW IT IS AGREED as follows:
1. Definitions
1.1 In this agreement, unless the contrary intention appears:
"Library Material" means the Library Material specified in the Schedule to this Agreement; National Library Act, 1960;
"Library" means the National Library of Australia established by the
"University" means La Trobe University established by the La Trobe University Act, 1964.
2. Owner's Rights
2.1 The University acknowledges that -
- (a) the Library is the sole owner of the Library Material; and
- (b) the Library has the right, upon reasonable notice given to the University, to recover, to relocate, or to dispose of, any item in the Library Material at any time.
3. Period of Loan
3.1 The Library agrees to lend to Library Material to the University for a period of ten years from the date of this Agreement or until this Agreement is earlier terminated in accordance with clause 10.
3.2 If the University wishes to borrow the Library Material for a further period of ten (10) years commencing upon the expiration of the term specified in clause 3.1 and:
- (a) the University gives notice to the Library of that wish not less than 3 months prior to the expiration of the term of this Agreement; and
- (b) any breach or default under this Agreement by the University prior to that notice which has been notified to the University by the Library has been either waived or rectified,
then the Library will renew the loan of the Library Material to the University for that further period on the same terms as are contained in this Agreement.
3.3 Any Agreement between the Library and the University pursuant to clause 3.2 shall likewise include that clause.
4. Transfer
4.1 The transfer of the Library Material from the Library to the University shall be arranged by the University in consultation with the Library.
4.2 The mode of transport and the person or persons used to effect the transfer shall be approved by the Library prior to the transfer.
4.3 All costs incurred -
- (a) in the transfer of the Library Material; and
- (b) in the packaging of the Library Material prior to transfer,
shall be borne equally by the Library and the University.
4.4 Prior to the transfer of the Library Material, officers of the Preservation Services Section of the Library shall -
- (a) inspect the Library Material; and
- (b) prepare a report on the condition of the Library Material at the time of the inspection.
4.5 A copy of the report prepared in accordance with clause 4.4(b) shall be furnished by the Library to the University.
5. Storage
5.1 The University shall, while the Library Material is in its possession or control -
- (a) be responsible for the proper storage of the Library Material; and
- (b) maintain the Library Material in accordance with any directions given to it from time to time by the Library.
5.2 Any costs incurred by the University in storing the Library Material while it is held in its possession or control shall be borne by the University.
6. Maintenance
6.1 Any loss of, deterioration in or damage to the Library material while it is in the possession or control of the University shall be reported by the University to the Library and the University shall where possible repair the Library Material.
6.2 No extensive repair of damage to the Library Material shall be undertaken by the University without the authority of the Library.
6.3 Any costs incurred by the University in -
- (a) repairing or maintaining an item in the Library Material; or
- (b) replacing an item in the Library Material which is lost or damaged beyond repair,
shall be borne by the University.
7. Inspection
7.1 The University shall, upon reasonable notice given to it by the Library, allow the Library access to the Library Material for purposes of inspection.
8. Stocktaking
8.1 The University shall, at such times as are agreed between the University and the Library -
- (a) conduct a stocktake of the Library Material held in its possession or control; and
- (b) furnish a report to the Library on the results of that stocktake.
9. Accessibility
9.1 The University shall allow access to the Library Material to users of the Library Material upon the same conditions as apply to access to the University's general library collection.
9.2 The University shall allow access to the Library Material by way of interlibrary loan upon such conditions as are -
- (a) determined by the University
- (b) consistent with such conditions, including those relating to access and the charging of fees for use, as are determined from time to time by the Australian Committee of Library and Information Services
9.3 The parties agree that -
- (a) within two years of the date of this Agreement; and
- (b) in accordance with a method determined by agreement between the parties,
records of the Library Material will be made available to the National Bibliographic Data Base.
10. Return of Library Materials
10.1 The Library may, upon reasonable notice given to the University, request the return of any part of the Library Material for the purpose of holding, relocating or disposing of such part.
10.2 Where a request is made by the Library under clause 10.1, the University shall comply with the terms of such request, including any terms specifying the date and mode of return and the person or persons effecting the return.
10.3 the University may, upon reasonable notice given to the Library, return the Library Material to the Library at any time during the period of this Agreement and, on such return, this Agreement shall be deemed to be at an end.
10.4 Where the Library material is returned by the University to the Library in accordance with this clause, the costs incurred in such return shall be borne equally by the Library and the University.
11. Discard
11.1 Any part of the Library Material that -
- (a) is a duplicate of an item already held by the University in its collection; or
- (b) is an incomplete set of such Material'
may be disposed of by the University upon reasonable notice given to, and in consultation with, the Library.
12. Acknowledgment
12.1 Where the University uses any part of the Library Material for the purposes of exhibition, display or other promotion, the University shall acknowledge that -
- (a) the Library is the owner of the Library Material; and
- (b) the Library Material has been lent to the University by the Library.
13. Financial Support
13.1 The University shall, at the commencement of each financial year and for the duration of this Agreement, allocate an amount for the purpose of acquiring material which complements the Library Material held in its possession or control.
13.2 The amount allocated in accordance with clause 13.1 shall be such amount as is agreed between the Library and the University.
14. Cataloguing
14.1 Where the University engages a person to catalogue parts of the Library Material in its possession or control which have not been catalogued, any cost incurred in respect of the work carried out by the person shall be borne equally by the Library and the University.
15. Arbitration
15.1 In the event of any dispute or difference arising between the Library and the University regarding this Agreement which cannot be settled by negotiation between the parties, such dispute or difference shall forthwith be referred for determination at Canberra, in the Australian Capital Territory, by an arbitrator agreed upon by both parties.
15.2 If the parties are unable to agree upon an arbitrator, the matter shall be dealt with in accordance with the laws relating to arbitration for the time being in force in the Australian Capital Territory.
15.3 The parties may be legally represented in any such arbitration proceedings without leave of the arbitrator.
16. Indemnity and Insurance
16.1 The University shall indemnify and keep indemnified the Library from and against all liabilities and actions which lie or are brought against the Library in respect of any loss or damage occasioned to any property of the University, or third parties connected with the University, while that property is in its possession or control during the period of this Agreement.
16.2 The University shall take out all appropriate insurance (including workers compensation and public liability insurance) to cover any injuries or loss which may be suffered by its employees while carrying out duties covered by, or associated with, this Agreement and any loss or damage caused to third parties and the University shall provide the Library with copies of the relevant insurance policies.
17. Notices
17.1 Any notice required to be given under, or for the purposes of, this Agreement shall be given in writing and shall be addressed -
- (a) in the case of the Library, to:
The Director-General
National Library of Australia
CANBERRA ACT 2600 - (b) in the case of the University, to:
The Chief Librarian
La Trobe University
BUNDOORA VIC 3083
18. Variation
18.1 This Agreement shall not be varied or otherwise amended except with the consent of the Library and the University.
19. Law
19.1 This Agreement shall be governed by, and be construed in accordance with, the laws of the Australian Capital Territory and, in the event of a dispute arising between the Library and the University, the parties agree to submit to the jurisdiction of the Courts of the Commonwealth in that Territory.
SCHEDULE
Specification of Library Material
The Library Material which is the subject of this Agreement is all that material referred to by the accession slips contained in the following 8 bound volumes:
Title of Volume No of Volumes Lacap-Booth Collection 1 Lopez Collection 1 Paraguayan Collection 1 Mendel Collection 1 Brazilian Collection (Guimares) 4
Last updated 30 April 1998
