nmOHK AVENUE NEWTORK NY 10031 2IJ
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CONSIGNMENT AGREEMENT June 9,2017 Trustees of the Berkshire Museum 39 South St. Pittsfield, MA 01201 Thank you for consigning property to Sotheby's. This confirms our agreement ("Agreement") under which property which is consigned by you and is listed on Schedule I hereto (the "Property") will be offered by us for sale at auction, subject to the following terms and our standard Conditions of Sale and Terms of Guarantee to be printed in the catalogue for the sale, by which you hereby agree to be bound. In the event of conflict between die Conditions of Sale and Terms of Guarantee and this Agreement, the terms of this Agreement shall control. As used herein, "we", "us", "our" and "Sotheby's" mean Sotheby's, Inc., and "you," "your" and the ' Museum'' mean Trustees of the Berkshire Museum. You and we agree that, prior
you may (i) withdraw any item of
(collectively, the "Right to Amend"), The parties shall execute an amendment to the Agreement reflecting the revised Schedule ! following any such wididrawal or addition as evidenced by a fully executed amendment in the form substantially set forth in Exhibit A hereto. I. The Auction. The Property will be offered for sale in the various auctions listed on Schedule 1 hereto to be held in New York, in each case, subject to postponement for reasons beyond our control. In connection with any auction, we will have absolute discretion as to (a) consulting any expert either before or after the sale, (b) researching the provenance of the Property either before or after the sale, (c) grouping the Property into lots and providing catalogue and other descriptions as we believe appropriate, (d) the date or dates of the auctions listed on Schedule I hereto, (e) subject to the following paragraph with respect to marketing and promoting the sale of the Property, the marketing and promotion of the sale and (1) the manner of conducting the sale. We agree to market and promote the Property as set forth on Schedule 11 hereto subject to your timely execution of this Agreement, our receipt of the Property and our obtaining the appropriate copyright cleai-ances within the applicable publication deadlines. Notwithstanding the foregoing, we agree that we will not engage in any marketing or promotion or otherwise disclose to the public that the Property will be offered for sale in our respective auctions until you make a public announcement no later than August 7, 2017 (the "Hold"); provided, that the parties agree if you have not made an announcement by August 7, 2017, the Hold shall not apply; provided, further, that you shall provide Sotheby's with a draft of such announcement for its review and commentary.
Sotheby's Notwithstanding the foregoing, we will provide you with the portions of the catalogue drafts, text, marketing or sales materials (the "Materials") which include information regarding the Museum, its mission and your decision to sell the Property, for your review, commentary and approval and to the extent you have any comments, you and we will reasonably cooperate with you to finalize the Materials (the "Agreed Museum Language"). You will have at least 72 hours to review any Materials. After the parties have agreed on the Agreed Museum Language, Sotheby's shall use such language or excerpts thereof in the Materials for the remaining sales of the Property. For the avoidance of doubt, we will retain editorial control over all other Materials which do not include information regarding the Museum, its mission and your decision to sell the Property, 2. Commission. You will not pay us any selling commission on the Property. You authorize us to charge the buyer and retain for our account a commission on each lot sold (the "buyer's premium"). The Conditions of Sale in the catalogue for the auction will state the rate at which the buyer's premium will be assessed against the buyer, and such rate will be a percentage of the hammer price of each lot sold. 3,
Settlement,
a. On the Settlement Dates (as defined below), we will mail to you or wire transfer to you pursuant to your Payment Instructions (as defined below) the sale proceeds we collect and receive, after deducting our buyer's premium (the "net sale proceeds"), unless the purchaser has notified us of its intention to rescind the sale (as provided in paragraph 9), We may also deduct and retain from the net sale proceeds any other amount you owe us or any of our affiliated entities, whether arising out of the sale of the Property or otherwise. The "Settlement Dates" will be the dates that are thirty-five days after the last session of each auction. In the event any Settlement Date falls on a Saturday, Sunday or federal holiday, payment will be due on the next following business day, fa. We will also pay you on each Settlement Date a fee (the "Fee'1) for the consignment for each lot of Property as follows: i. An amount equal tcijUlof the buyer's premium actually collected and received by us for such Jot of Property, calculated on the portion of the hammer price collected and received for such lot of Property less than or equal to $3,000,000, the net sale proceeds of which are settled on such Settlement Date; phis ii. An amount equal trfjplbf the portion of the hammer price actually collected and received by us for such lot of Property that is greater than 53,000,000, the net sale proceeds of which are settled on such Settlement Date, if any. c. We have no obligation to enforce payment by any purchaser. If a purchaser does not pay, and you and we do not agiee on another course of action, we reserve the right lo cancel the sale and return the Property to you. Notwithstanding the preceding sentence, if we pay you any portion of the net sale proceeds for any Propeny and have not collected from (he purchaser of such Property payment of the amount we paid to you, simultaneously with any such payment by us to you, you assign lo us any and all rights you may have against such purchase!- to the extent of
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Sotheby's such payment, whether at law, in equity or under the Conditions of Sale. You agree to execute any documents we may reasonably request evidencing this assignment and you agree that all of your representations, warranties and indemnities set forth in this Agreement shall apply to us or the purchaser, as the case may be, with respect to the Property. You authorize us, in our sole discretion, to impose on any purchaser a late charge if payment is not made in accordance with the Conditions of Sale. If we impose a lale charge on the sale proceeds of any item of Pi-operty, then in addition lo the net sale proceeds that are due to you, we will wire transfer you a portion of any late charge that we collected and receive with respect to such item of the Properly, so that your receive a fraction of such late charge that corresponds lo your portion of tlie sale proceeds from the auction of such item of the Property and we receive a fraction of such late charge that corresponds lo our portion of the sale proceeds from the auction of such item of the Property. d. Following our receipt of (i) your signed instructions or (ii) in the event we do not receive your signed instructions in connection with this Agreement, the payment instructions we receive in a manner that is mutually agreed upon or in a manner that is a customary form of communication between you and us (collectively, the "Payment Instructions"), we are hereby authorized to make a payment pursuant to the Payment Instructions and we shall have no liability for any loss, claim, or damage you sustain as a result of our reliance upon such Payment Instructions regardless of whether such Payment Instructions resulted from any unauthorized or fraudulent activity by a third party 4.
Reserves.
a. Each lot of the Property will be offered subject to a reserve to be mutually agreed upon in writing prior to the date of sale. However, we may sell any lot of the Property at a price below the reserve, provided that we pay you in accordance with paragraph 3 above, the net amount which you would have been entitled to receive had the Properly been sold at the agreed reserve. No reserve for b lot will exceed its low presale estimate. b. You agree not to bid on the Property. Although we shall be entitled to bid on your behalf up to the amount of the reserve, you shall not instruct or permit any other person to bid for the Property on your behalf. If, however, you violate your foregoing commitment and you or your agent becomes the successful bidder on the Property, you will pay us the buyer's premium on the hammer price, the Property may be sold without any reserve, and you will not be entitled to the benefit of any warranties under the Conditions of Sale or Terms of Guarantee. o. There will be no commission if the Property is bought-in for failing to reach its reserve, In the event any Jot is bought-in, we will announce that such lot has been "passed", "withdrawn", "relumed to owner", or "bought-in". 5.
Representations and Warranties; Indemnitv.
a, You represent and warrant lo us and each purchaser that: you are an entity duly organized, validly existing and in good standing in thejurisdictions where such qualification is required and have full power and authority lo execute, deliver and perform your obligations under this Agreement; you have the right to consign the Property for sale; it is now, and through and
Sotheby's including its sale will be kept, free or all liens, claims and encumbrances of others, including, but not limited to, claims of governments or governmental agencies; good title to and right to possession of the Propeity will pass to the purchaser free of all liens, claims and encumbrances; this Agreement has been duly authon'zed, executed and delivered by you and constitutes your legally binding obligation; you have provided us with all infonnatlon you have concerning the provenance, condition and restoration of the Property; you have no reason to believe that any lot of Property is not authentic or is counterfeit; where the Propeity has been imported into the United States, the Property has been lawfully imported into the United States and has been lawfully and permanently exported as required by the laws of any country (including any laws or regulations applicable in the European Union) in which it was located, provided that, to the extent such importation and exportation occurred prior to your acquisition of title to the Property, such representation is qualified as to the best of your knowledge; required declarations upon the export and import of the Property have been properly made and any duties and taxes on the export and import of the Property have been paid, provided that, to the extent such importation and exportation occurred prior to your acquisition of title to the Property, such representation is qualified as to the best of your knowledge; you have paid or will pay any and all taxes and/or duties that may be due on the net sale proceeds of the Property and you have notified us in writing of any and all taxes and/or duties that are payable by us on your behalf in any country other than the United States, You represent and wan-ant that, lo the best of your knowledge, except as provided under U.S., state and local copyright and other applicable laws with respect to the Property as original worics of art, and the rights of any third parties thereunder (including, without limrtation, the rights of the artists, their heirs, estates, assignees and representatives), there are no restrictions on our right to reproduce photographs of the Property. We retain the exclusive copyright to all catalogue and other illustrations and descriptions of the Properly created by us, but we will provide you with images thereof in a high-resolution digital form (the "Jmages");subject to a non-exclusive royalty-free license to reproduce or pennit the reproduction of the Images for any purpose by the Museum, subject to any copyright or other intellectual property rights which may be held by third parties in the underlying objects depicted in such photographs, which rights Sotheby's does not have any right, title or interest in and which rights Sotheby's does not have the authority to grant to you or any other party. b. You agree lo indemnify and hold us and each purchaser haimless from and against any and all claims, actions, damages, losses, liabilities and expenses (including reasonable attorneys* fees) relating to the breach of any of your agreements, representations or warranties in this Agreement. c. Your representations, warranties and indemnity will survive completion of the transactions contemplated by tlus Agreement, subject to the applicable statute of limitations. 6, Expenses. We agree to bear all expenses related to the sale of the Property, including but not limited lo; (a) the cost of bearing liability for any loss or damage lo the Property as provided in paragraph 7 hereof, (b) catalogue illustration, production and mailing, (c) packing and shipping to and from our premises and (d) any agreed-upon advertising.
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Sotheby^ 7. Loss or Damage to Pronerlv. We agree to bear liability for any loss or damage to the Property from the lime we receive the Propeity and while tlie Property is in our custody and control. We shall be deemed to have assumed "custody and control" of the Property from the time we or our designated shippers begin packing and crating the Property on your premises and until such time as we release it to the purchaser (if sold) or return it to you (if unsold), including while in transit under control of us or such designated shippers or any other independent contractors we engage. We will pay you the Value of the Property (as defined below) or the Depreciation Amount (as defined below), as the case may be, in the event of loss or damage as set forth below. The maximum amount of our liability to you resulting from loss or damage to the Property shall not exceed the Value of the Property for such Properly. For purposes of this limitation of liability, the Value of the Property is; (a) for Property which has been sold, the hammer price plus the Fee (excluding the remainder of the buyer's premium), (b) for Property which has foiled to sell at auction, the reserve, or (c) for Property not yet offered for sale, (i)^^HH^for the Barbershop ^or Blacksmith Shop and (ii) the^l^of our latest presale estimates for all items of Property other than the Blacksmith Shop and the Barbershop. In the event of a total loss (Property which has been lost, or Property which has been damaged and has depreciated in value, in our opinion, by 40% or more), we will pay you the Value of the Property for such Property, and simultaneously with such payment, all title and interest to the Propeity shall pass to us. In the event of a partial loss (Property which has been partially damaged or lost and has depreciated in value, in our opinion, by less than 40%), we will pay you the amount of depreciation, as determined by us in our discretion (the "Depreciation Amount"), and such Property will be offered for sale or, al your request, returned to you, If you disagree with our opinion as to the determination of total loss, partial loss, or Depreciation Amount, Sotheby's will solicit an appraisal from an independent expert recognized in the relevant field whose selection you approve, such approval not to be unreasonably withheld. The parties agree that such appraisal will be the final detennination. We will not be responsible for (A) Property that is not within our custody and control or (B) liable for damage to frames or glass covering prints, paintings or other works caused by circumstances beyond our control and the control of persons to whom we entrust custody of the Propeity (as long as we take reasonable cane and skill in handling the Propeity to reduce the risk of damage), (C) for damage occurring in the course of any process undertaken by independent contractors employed with your consent (including restoration, authentication, framing or cleaning), or (D) for damage caused by changes in humidity or temperature (caused by circumstances beyond our control and the control of persons to whom we entrust custody of the Property (as long as we take reasonable care and skill in handling the Property to reduce the risk of damage)), inherent conditions or defects, normal wear and tear, war, acts of terrorism, nuclear fission or radioactive contamination) or chemical, bio chemical or electromagnetic weapons. We maintain insurance for loss or damage to all property that is under our custody and control, hi the event of any loss of or damage to the Propeity as described in this paragraph 7, you agree that your sole remedy against us will be the payment of the Value of the Property or the Depreciation Amount (the "Payment"), as the case may be. and upon receipt of the Payment by you, you irrevocably release and discharge Sotheby's, on your own behalf and on behalf of any insurer you may have, from all liability for loss or damage to the Property resulting from any cause whatsoever, including but not limited to the negligence of Sotheby's and its agents and independent contractors.
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Sotheby's 8, Withdrawal. Except for the Right td Amend, you may not withdraw any Propeity from sale afterr the date on which you sign this Agreement. Regardless of whether we have previously issued a receipt for the Property, published a catalogue including the Properly or advertised its sale, we may withdraw any Property at any time before sale if in our sole judgment (a) there is reasonable doubt as (o its authenticity or attribution, (b) there is reasonable doubt as to the accuracy of any of your representations or warranties as it pertains to such lot, (c) you have breached any material provision of this Agreement, (d) the lot of Property incurs loss or damage so that it is not in the state in which it was when we agreed to offer it for sale or (e) the sale of such lot subjects us and/or you to liability, including objections raised by an Attorney General, If we withdraw any Property under (b) or (c) of this paragraph 8, you must within ten days of our notice to you of withdrawal pay us a withdrawal fee equal to (i^^^of the mean of our latest pfesale estimates for the Barbershop and the Blacksmith Shop and (li)^^ of the mean of our latest presale estimates for all items of withdrawn Property other than the Blacksmith Shop and the Baibershop (the "Withdrawal Fee"). If any Property is withdrawn by you in breach of this Agreement, you will pay us a Withdrawal Fee. If any Property is withdrawn under (a) (d), or (e) above, or in accordance with your Right to Amend, you will not be charged a Withdrawal Fee and, subject to any liens against or claims to the Property, such Property will be returned to you at our expense. If the Property is withdrawn for any reason, the timing and the content of any announcement regarding the withdrawal shall be in Sotheby's sole discretion. 9. Rescission. You authorize us to rescind the sale of any Propeity in accordance with the Conditions of Sale and Terms of Guarantee, or if we learn that the Property is inaccurately described in the catalogue, or if we learn that the Property is a counterfeit (a modem forgeiy intended to deceive) or if we determine in our reasonable judgment that the offering for sale of any lot of Property has subjected or may subject us and/or you to any liability, including liability under the warranty of title or warranty of authenticity included in the Terms of Guarantee. If we receive from a purchaser notice of intention to rescind and we determine that a lot of the Property is subject to rescission under the Tenns of Guarantee or as otherwise set forth above, we will credit the purchaser with the purchase price, you will return to us any sale proceeds and any Fee for such Property paid by us to you or to a third party as directed by you, and you will reimburse us for the reasonable attorney's fees we incur in collecting from you any amounts due herein. Upon such reimbursement and payment, we will return the Property to you, except in the event of an adverse claim of title, in which case we will retain the Property until such claim has been resolved. 10. Private Sales. If any lot fails to reach its reserve and Is bought-in for your account, you authorize us, as your exclusive agent, for a period of 60 days following the auction, to sell the lot privately for a price that will result in a payment to you of not less than the net amount which you would have been entitled to receive had the Property been sold at the agreed reserve. In such event, your obligations to us hereunder with respect to such lot are tlie same as if it had been sold at auction. 11. Treatment of Unsold Propertv. If any Properly remains unsold for any reason after the auction, we will notify you. If such Property has not been sold privately pursuant to paragraph 10, and if it is not reconsigned to us for sale on mutually agreed-upon tenns or picked up witluii 60 days after such notification, we will return it to you at our expense.
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otheby's 12.
Estimates: Catalogue Descrinlions.
a. Presale estimates, if any, are intended as guides for prospective bidders. We make no representation or wairanty of the anticipated selling price of any Property and no estimate anywhere by us of the selling price of any Property may be relied upon as a prediction of the actual selling price. Estimates included in receipts, catalogues or elsewhere are preliminary only and are subject to revision by us from time to time as you and we may mutually agree in writing. b. We will not be liable for any errors or omissions in the catalogue or other descriptions of the Property, but we agree to correct any material errors or omissions in the catalogue or other descriptions we discover prior to the applicable auction, following a good faith discussion with you, by written posting in the applicable auction salesroom or by appropriate salesroom announcement. We shall defend, indemnify and hold you hanniess from and against any claims asseiled by any third party in a court action based upon or resulting from any materia] error or omission by us in the catalogue or other descriptions of the Properly (to the extent such error or omission is not based upon our reliance on information (including the Agreed Museum Language) or representation or warranty you have provided to us); provided, that for the avoidance of doubt, such indemnity shall not apply to any claim for rescission of the sale of the Property based upon the Terms of Guarantee. We make no guarantees, representations or warranties whatsoever 10 you with respect to die Property, its authenticity, attribution, legal title, condition, value or otherwise. c. The Conditions of Sale in the catalogue for the auction will slate that we and you are not responsible for errors and omissions in the catalogue, glossary, or any supplemental material. 13. Use of Name. We may designate the Property when we offer it for sale, advertise or otherwise promote the sale, both before or after the auction, as you and we may mutually agree. 14, Future Consignments. If at any time during a period ending three (3) years after the date hereof you consign additional property to us, such additional property shall be subject to Sotheby's approval (which approval shall not be unreasonably withheld), we agree that the consignment agreement for those consignments will contain the same terms and conditions as this Agreement (excluding, for the avoidance of doubt, any terms relating to marketing and promotion and the prohibition on Competitive Works (as defined below)), 15.
Competing Works.
Sotheby's
Each of Ilie items of property (other than the Property) referred to in (a), (b) and (c) above, a "Competitive Work." 16. Ajnendmeni. Neither you nor we may amend, supplement or waive any provision of this Agreement other than by means of a writing signed by both parties. 17. Privacy. Sotheby's, its subsidiaries and affiliates ("Sotheby's Group") will record any infonnation that you supply to us or that we obtain about you in its data systems shared within Sotheby's Group. Your information will be kept confidential within Sotheby's Group. From time to time Sotheby's Group may send you information about its sales and events, or about products and services of other organizations with which it has a relationship. 18. No Legal or Tax Advice. This Agreement is an important legal document. You acknowledge that you have had the opportunity to consult an attorney before signing this Agreement and have signed this Agreement after having the opportunity to consult with an attorney of your own choosing. Notwithstanding any references to any transactions or arrangements in this Agreement, or any contemporaneous written, oral or implied understandings of the parties relating to the subject mailer of this Agreement, Sotheby's has not provided legal or tax advice or tax planning to you or for your benefit in connection with the transactions contemplated by this Agreement, and no one at Sotheby's has acted as your attorney or tax advisor. You have carefully read this Agreement in its entirety, understand all of its tenns, and knowingly and voluntarily agree to all of the terms and conditions conlained herein.
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otheby's 19. JVliscellaneous. Tills Agreement shall be governed by and construed and enforced in accordance wrfh the laws of the State of New York, without regard to its conflict of law rules and principles. In Hie event of a dispute hereunder, you agree to submit to the exclusive jurisdiction of the state courts of and the federal courts sitting in the State and County of New York. This Agreement shall be binding upon your heirs, executors, beneficiaries, successors and assigns, but neither party may assign this Agreement without (he prior written consent of the other party. Neither party shall be liable to the other for any special, consequential, incidental or punitive damages. This Agreement, including the Schedules hereto, and the Conditions of Sale and any Terms of Guarantee, constitute the entire agreement between the parties with respect lo the transactions contemplated hereby and supersede all prior or contemporaneous written, oral or implied understandings, representations and agreements of the parties relating lo the subject matter of this Agreement. You and we agree that neither parly will disclose the terms of this Agreement to any third party without the prior written consent, except (i) to attorneys and accountants on a need-to-know basis, (U) where required to be disclosed in order to comply with any relevant law or regulation, or (iii), or as a result of valid legal process compelling the disclosure, provided the disclosing party first gives the non-disclosing party prompt written notice of such service of process and allow the non-disclosing party, if the non-disclosing party deems il appropriate, to obtain a protective order. You agree lo fiimish us, upon our request, with any additional information required to comply with applicable law. Any notices given hereunder to you or us shall be in writing to the respective addresses indicated on the first page of this Agreement (or to such other address as you or we may notify the other in writing) and shall be deemed to have been given five calendar days after mailing to such address or one business day after delivery by band or telecopier. You agree to provide us, upon our request, verification of identity in an appropriate form. The paragraph headings contained in this Agreement are for convenience of reference only and shall not affect in any way the meaning or inteipretation of this Agreement. This Agi-eement may be executed in counterparts, each of which will be deemed an original and all of which together constitute one and the same instrument. Signatures sent by facsimile transmission and scanned executed agreements in PDF fonnat sent by email transmission are each valid and binding and will be deemed an original.
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Sotheby's Please confirm your agreement with (he foregoing by dating, signing and returning to us the duplicate copy of this Agreement. Very truly yours, SOTHEBYyS, rNC.
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SCHEDULE 1 Please see alKtched listing.
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SUMMARY AUCTION ESTIMATE
PAGE
4
2
VALUE Impressionist & Modern Art Sotheby's New Vork. November 2017
$1,300,000 • 1.940,000
Contemporary Art Sotheby's New York, Noi/ember2017
$6,000,000-8,000.000
19th Century European Paintings Sotheby's New York, November 2017
$5,870,000 • 8.000,000
American Art Sotheby's New York, November 2017
$38,-120,000-56,730,000
$810,000 • 1.180,000
Old Master Paintings Sotheby's New York. January 2018
»
Chinese Works of Art Sotheby's New York. March 2038
$165,000 • 260,000
19th Century Furniture & Sculpture Sotheby's New York. April 2018
$50,000- 70.000
TOTAL;
Sotheby's £c 09 June 2017 | Valuation Number 702735E4 I Page 3
$52,615,000 - $76,180,000
IMPHESSIONIST & MODERN ART, SOTHEBY'S NEW YORK, NOVEMBER 2017
1 (1937.49) 8DJ25
RAOULDUFY LaF6te Circa 1935 Signed RaouIDufy lower right Watercolor on paper Sight: 19 x 25 inches $50,000 • $70,000
2
(1992.1.2) 80H2X
HENRY MOORE Three Seated Figures Signed Moore and dated^ lower right Pastel, ink and pen on paper Sight: 16 % x 21 inches $400,000-$600,000
3 (1965.14) 8DJS4
FRANCIS PICABIA Force Comique Signed PfcaWa tower center, titled FORCE COMIQUE upper right Watercolor on paper Sight 25 V< x 20 3/a Inches $800,000 - $3,200,000
4 (1992.1.1)
8DH2Z
EDOUARD VUILLARD Deux iemmes dans un irterieur Signed and inscritwd toward lower right Watercolor on paper Sight: 9x65/(i inches $50,000 - $70,000
Sotheby's u 09 June 2017 | Valuation Number 70273584 1 Page 4
CONTEMPORARY ART. SOTHEBY'S NEW YORK, NOVEMBER
0933.85.1) (SCU-15) 8dhk4
2017
ALEXANDER CALDER Double Arc and Sphere
1932 Painted wood, wire and sheet metal 32 Vi x 11 Vi x 1] V* Inches
$3,000,000 - 54,000,000 (Subject to authentication by the Calder Foundation)
(1933.85.2) (SCU-16)
8DHK5
ALEXANDER CALDER Dancing Torpedo Shape 1932 Wood, wire and aluminum 29 x 24 Vi x 11 lh Inches
$3,000,000 - $4,000,000 (Subject to authentication by the Calder Foundation)
Sotheby's u 09 June 2017| Valualion Number 70273584 I Page 5
\ ,
19TH CENTURY EUROPEAN PAINTINGS, SOTHEBY'S NEW VORK. NOVEMBER 2017
^ (1964.24)
WILLIAM-ADOLPHE BOUGUEREAU L'Agneaunouveau-n6 (The Newborn Lamb) Signed W-BOUGUEREAU- and dated 1873 lower left Oil on canvas 64 Vs x 34 fnches
eoHOS
$2.000,000-$2,500,000
8 (1903.2)
:
SOHOB
,
WILLIAM-ADOLPHE BOUGUEREAU (.a bourrique (The Pony-back Ride) signed W-BOUGUEREAU- and dated 1884 lower right Oil on canvas 53 X 39 inches $2,500,000 - $3,500,000
9
(1914.27) HOf
CHARLES FRANQ01S DAUB1GNY paysans allantaux champs le matin Stamped CD lower left Oil on canvas 55 x 90 Inches $70.000-SiOO.OOO
Sotheby's u 09 June 20171 Valuation Number 70273584 | Page 6
19TH CENTURY EUROPEAN PAINTINGS. SOTHEBY'S NEW YORK.
NOVEMBER 2017 !
10 (1915.3)
80HRV
DANIEL RIDGWAY KNIGHT Girl with Dob Stgned D. Rtdgway Knight. Inscribed Paris and dated 1866 lower
leu
Oil on canvas 33 x 56 inches $400,000 - $600,000
11
(1919.14) 8DHQ6
ALBERTO PASIN) Market Day in Constantinople Signed A. Pasini and dated 1877 tower right Oil on canvas 25*39 inches $700.000-$1,000,000
12 (1958.15.1) 8DH(34
EDWIN LORD WEEKS Indian Prince, Palace of Agra Oil on canvas 24x20 inches $200,000-$300,000
Sotheby's u 09 June 20171 Valuation Number 70273584 | Page 7
AMERICAN ART. SOTHEBY'S NEW YORK. NOVEMBER 2017
X3
(1936,85.9) 8DHQK
ALBERT BIERSTADT Connecticut River Valley. Clsremont, New Hampshire Sfgned and dated 1868 lower left Oil on canvas 26 x 43 Inches
$600,000 - $800,000
14 (1903.15)
8DH0J
ALBERT BIERSTADT Giant Redwood Trees of California Circa 1874 Signed tower left Oil on canvas 51 Vj x 41>/i Inches $1.500.000-$2,500,000
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15
(1915^4) 8DHQM
RALPH ALBERT BLAKELOCK Rocky Mountains Circa 1871 Signed lower left Oil on canvas 34 x 54 Inches $150.000-$250,000
.
16
(19D9.8) 8DHT8
FREDERIC EDWIN CHURCH Valley of the Santa Ysabel Signed and dated JS75 lower left Oil on canvas 38 x 59 Va inches $5,000,000-$7,000,000
17 (1992.7)
8DHTH
THOMAS WILMER DEWING Two Ladies in a Drawing Room /The White Dress Signed lower right Oil on canvas 15 '/a x 24 3/< inches
$600,000-$800,000
Sotheby's ee 09 June 2017 j Valuation Number 70273584 | Page B
AMERICAN ART. SOTHEBY'S NEW YORK. NOVEMBER 20Z7
18 (1947,8) 80htk
GEORGE HENRY DURRIE Hunter in Winter Wood Signed and dated J860 tower lell Oil on canvas 35 Vt x 54 inches $400.000-$600,000
19 (1920.8) bdhrr
GEORGE INNESSJR, Leeds In the Catskills 1865 Signed lower right Oil on canvas 45 Vi x 70 'A inches $300,000 • $500,000
20 (1956.15.2) Bohr*
JOHN LAFARGE Magnolia Signed and dated 1859 lower left Oil on panel IS'/iKll inches $200,000 - $300,000
21 (1915.32) Bdhrf
THOMAS MORAN The Last Arrow Signed and dated 1867 OP-25 tower right Oil on canvas 50 x 78 inches $2,000,000-$3,000,000
Sotheby's ti 09 June 2017 i Valuation Number 702735S4 | Page 9
AMERICAN ART, SOTHEBY'S NEW YORK, NOVEMBER 2017
22 (1917.30)
sense
CHARLES WILLSON PEALE portrait of General David Forman
Cjrca 17M
Oil on canvas 50 V: x 38 Vt inches $200,000 - $300,000
23
(1917.22) Sdhqv
REMBRANDT PEALE George Washington Signed lower left Oil on canvas, possibly mounted on aluminum 34 Vi x 27 'A inches $200,000 • $300,000
(Pending research)
24 (1959.33) 8DHRB
NORMAN ROCKWELL Shuffleton's Barbershop 1Q50
Signed lower center Oil on canvas 45 3/i x A2. % inches $20,000,000 - $30,000,000
Sotheby's & 09 June 2017| Valuation Number 70273584 | Page 10
AMERICAN ART. SOTHEBV'S NEW YORK, NOVEMBER 2017
25 (1966.25)
80HR8
NORMAN ROCKWELL Shaftsbury Blacksmith Shop 1940
Signed lower right Oil on canvas 34 x 69 inches $7,000,000 • $10,000,000
26 (1994.5.3) sohjz
AUGUSTUS SAINT-GAUDENS Diana of the Tower 1899 Inscribed Bronze Height withoout base: 26 V* Inches Height of base: 2 'A Inches $250.000-$350,000
27 (1917.33,1) 80HK2
FRANKLIN SIMMONS Penelope 1884
Signed and dated Franklin Simmons 1684 on the back Marble Height; 71 inches Height without base: 36 Inches $20,000-$30,000
Sotheby's £2 09 June 20171 Valuation Numbef 702735841 Page 11
OLD MASTER PAINTINGS, SOTHEBY'S NEW YORK, JANUARY 2018
28 (1950.35) bojcc
CIRCLE OF JOACHIM PATINIR AND ADRIAEN ISENBRANT Flight into Egypt 16th Centuiy Oil on panel 26x33 inches $150,000 - $200,000
29 (1916,21)
acucL
PIETER DE HOOCH The Music Party Signed lower right on the steps: P.d Hoogtw Oil on canvas 26'A x 30 Vj inches $100.000-$150,000
30 (1994.5.2) sdjcd
ADRIAEN ISENBRANT The Temptation 16th Century Oil on panel 17x10 Inches $200,000 - $300,000
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old master paintings, sotheby's new york. january 2018
n
3]
(190615)
SIR JOSHUA REYNOLDS Portrait of Mr. W. Cave Circa 1755 Oil on canvas 30x25 inches $20.000-$30,000
GIROLAMOTROPPA Apollo Flaying Marsyas Oil on canvas 37 x 50 Inches
$60.000-$80,000
33 (1903.19) 8djc9
JAN VICTORS Benjamin and His Brethern Oil on canvas 63 x 90 inches
$80,000-$120,000
34 (1909.9) 8DHRN
BENJAMIN WEST Daniel Interpreting to Belshazzar the Handwriting on the Wall Fisherman ina Classic Landscape Signed and dated Benjamin IVesf 1775 on the scroll lower center Oil on canvas 49 x 72 inches $200.000-$300,000
Sotheby's y 09 June Z017 | Valuation Number 70273584 | Page 13
chinese works of art, sotheby's new york. march 2018
35 ( T 2 0 0 bS
A TEN-PANEL COROMANDEL LACQUER'DAOIST IMMORTALS' SCREEN
\
QingtJynasty.Kangxi Period, dated by inscription 1689 Height; 90 in Width; 20 in.
e, j!-' 16-
$80.000-$120,000
35 0916.13.1) Sdnck
A LARGE BRONZE FIGURE OF GUANYIN c^jna or japani igiti century Height; 47 'A Inches Width: 26Winches Depth: 12 finches $10.000-$15,000
37 (1922.5.48) 8DNC9
A LARGE BLUE AND WHITE 'DRAGON' VASE Qjng Dynasty. Early 19 th Century. Jiaqing-Daoguang Period Height: 18V, in. Diameter: 9% in. $30,000-$50,000
3S (C1992.264) fiOTFG
AN ARCHAIC BRONZE RITUAL FOOD VESSEL, GUI Early Western Zhou Period Width; 8% in. $30,000-$50,000
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CHINESE WORKS OF ART. SOTHEBY'S NEW YORK. MARCH 2018
39 (1958.6) Sdnr5
A FOLDING TALE OF GENJI' SCREEN Japan, 16fh Century Heigtit: Sevtin. $15,000 - $25,000
Sotheby's e* 09 June 20171 Valualion Number 70273584 | Page 15
19TH CENTURY FURNITURE & SCULPTURE, SOTHEBY'S NEW YORK, APRIL 2018
40
(1905,14.1) 8DHKD
GIULIOTADOLINI
JUDJTH 1881
Signed end dated Giulio Tsdollni Roma 1881 Marble Height with base; 90 inches Height without base: 61 inches $50,000-$70,000
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Sotheby's •SCHEDULE II Marketing and Promotion •
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Sotheby's EXHIBIT A [DATE] Tiuslees of Ihe Berkshire Museum 39 South St. Pillsfield, MA 01201 Reference is made to the Consignment Agreement, dated [date of consignment agreemenl], between you and us (the "Agreement"). Terms used herein without definition shall have the meanings specified therefor in the Agreement. Notwithstanding anything (o the contrary in the Agreement, the parlies agree that Schedule I to the Agreement is hereby deleted and replaced in its entirety with Schedule I attached hereto. The property listed on Schedule 1 hereto) shall be offered for sale in the various auctions listed on Schedule 1 to be held in New York, in each case, subject to postponement for reasons beyond our control and shall be offered for sale subject to the terms of the Agreement and our standard Conditions of Sale and Tenns of Guarantee to be printed in the catalogue for the sale, except as otherwise expressly modified by this letter. For the avoidance of doubt, all of the items of property listed on Schedule I attached hereto shall be deemed to be Property for purposes of the Agreement, You hereby confirm that (a) all of your representations and warranties sel forth in the Agreemenl are (roe and correct as if made on and as of the date of this amendment and (b) you are not in default or breach of any covenant set forth in the Agreement. As amended hereby, the Agreement shall remain in full force and effect. This amendment shall be governed by and construed and enforced in accordance with the laws of the State of New York, without regard to its conflict of law rules and principles. In the event of a dispute hereunder, you agree to submit to the exclusive Jurisdiction of the state courts of and the federal courts sitting in the State and County of New York. This amendment may be executed in counterparts, each of which will be deemed an original and all of which together constitute one and the same instrument. Signatures sent by facsimile transmission and scanned executed agreements in PDF format sent by email transmission are each valid and binding and will be deemed an original. [Remainder of page intentionally left blank]
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Sotheby's, Inc. License No. 1216058
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SCHEDULE I
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Sotheby's Client Name: Client Account Number; Consignmeni Number; Date:
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