ART USE AGREEMENT APO I AGREEMENT THIS ART USE AGREEMENT (the "Agreement") is made by and between Barry J. Cohen, John J. Hannan and Richard Ressler, as the trustees (the "Trustees") of the trust created under the APO1 Agreement (the "Trust") and Debra R. Black, in her individual capacity ("Debra" and together with the Trustees, the "Parties"). WHEREAS, the Trust owns the items of art listed on the attached Schedule A (such items, together with any additional items of art acquired by the Trust during the term of this Agreement, the "Art"); and WHEREAS, Debra is a beneficiary of the Trust and the Trustees have the power, exercisable in their sole and absolute discretion, to pay trust principal to Debra or to use trust principal for her benefit; and WHEREAS, the Trustees have determined it advisable to permit the rent-free use by Debra of the items of Art and Debra has agreed to such use; and WHEREAS, the Parties would like to formalize the terms under which the Trustees have agreed to allow Debra to use the Art; and WHEREAS, Debra acknowledges that the Art listed on Schedule A is currently in her possession and is in good condition. NOW THEREFORE, the Parties agree as follows: 1. INSURANCE. The Trustees shall be required to obtain, and shall pay all premiums with respect to, all risk property insurance coverage for the Art during the term of this Agreement. Debra shall be provided with a copy of such coverage and shall be immediately notified of any change or cancellation of such insurance. 2. LIABILITY. Debra agrees that she shall be liable to the Trust for any damage to or loss of the Art that is not covered by the Trust's property insurance. 3. RENT-FREE USE. Debra shall not be required to make any payment to the Trustees in exchange for the use of the Art. 4. OBLIGATION OF BENEFICIARY. Debra agrees that she shall: a. maintain possession of the Art on behalf of the Trustees during the term of this Agreement; EFTA01177942