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nmOHK AVENUE NEWTORK NY 10031 2IJ WWW.SOTHEBYl.

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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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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.

fRemainder of this page intentionally left blank.]

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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.

Bv:^ I l/XCX dl. L.


Name: NrtAq ^fl
Title:

ACCEPTED AND AGREED:

TRUSTEES
lES OF THE BERKSHIRE M
MUSEUM

By: .
Name:e: mc SAti>
Title; pre&t^/rh

Date: iMz.
By:
Name: y!an
Title: E l>trtx*hr-

Date:
hmmi
Sotheby's, Inc.
License No. 1216058

G:\SPl;C"l/\L\WlNWOKDVlViuis4ciioMHCON5HjN\GENRAl.QOI7\Bri<h ire Museum Joe

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SCHEDULE 1

Please see alKtched listing.

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SUMMARY

AUCTION ESTIMATE

PAGE VALUE

4 Impressionist & Modern Art $1,300,000 1.940,000


Sotheby's New Vork. November 2017

Contemporary Art $6,000,000-8,000.000


Sotheby's New York, Noi/ember2017

19th Century European Paintings $5,870,000 8.000,000


Sotheby's New York, November 2017

American Art $38,-120,000-56,730,000


Sotheby's New York, November 2017

2 Old Master Paintings $810,000 1.180,000


Sotheby's New York. January 2018

Chinese Works of Art $165,000 260,000


Sotheby's New York. March 2038

19th Century Furniture & Sculpture $50,000- 70.000


Sotheby's New York. April 2018

TOTAL; $52,615,000 - $76,180,000

Sotheby's c
09 June 2017 | Valuation Number 702735E4 I Page 3
IMPHESSIONIST & MODERN ART, SOTHEBY'S NEW YORK, NOVEMBER 2017

1 RAOULDUFY
(1937.49) LaF6te
8DJ25 Circa 1935
Signed RaouIDufy lower right
Watercolor on paper
Sight: 19 x 25 inches

$50,000 $70,000

2 HENRY MOORE
(1992.1.2) Three Seated Figures
80H2X Signed Moore and dated^ lower right
Pastel, ink and pen on paper
Sight: 16 % x 21 inches

$400,000-$600,000

3 FRANCIS PICABIA
(1965.14) Force Comique
8DJS4 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 EDOUARD VUILLARD
(1992.1.1) Deux iemmes dans un irterieur
8DH2Z Signed and inscritwd toward lower right
Watercolor on paper
Sight: 9x65/(i inches

$50,000 - $70,000

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09 June 2017 | Valuation Number 70273584 1 Page 4
CONTEMPORARY ART. SOTHEBY'S NEW YORK, NOVEMBER 2017

ALEXANDER CALDER
0933.85.1) Double Arc and Sphere
(SCU-15)
8dhk4
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)

ALEXANDER CALDER
(1933.85.2) Dancing Torpedo Shape
(SCU-16)
1932
8DHK5 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

^ WILLIAM-ADOLPHE BOUGUEREAU
(1964.24) L'Agneaunouveau-n6 (The Newborn Lamb)
eoHOS Signed W-BOUGUEREAU- and dated 1873 lower left
Oil on canvas
64 Vs x 34 fnches

$2.000,000-$2,500,000

8 WILLIAM-ADOLPHE BOUGUEREAU
(1903.2) : (.a bourrique (The Pony-back Ride)
SOHOB , signed W-BOUGUEREAU- and dated 1884 lower right
Oil on canvas
53 X 39 inches

$2,500,000 - $3,500,000

9 CHARLES FRANQ01S DAUB1GNY


(1914.27) paysans allantaux champs le matin
HOf 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 DANIEL RIDGWAY KNIGHT


(1915.3)
Girl with Dob
80HRV Stgned D. Rtdgway Knight. Inscribed Paris and dated 1866 lower
leu
Oil on canvas
33 x 56 inches

$400,000 - $600,000

11 ALBERTO PASIN)
(1919.14) Market Day in Constantinople
8DHQ6 Signed A. Pasini and dated 1877 tower right
Oil on canvas
25*39 inches

$700.000-$1,000,000

12 EDWIN LORD WEEKS


(1958.15.1) Indian Prince, Palace of Agra
8DH(34 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 ALBERT BIERSTADT
(1936,85.9) Connecticut River Valley. Clsremont, New Hampshire
8DHQK Sfgned and dated 1868 lower left
Oil on canvas
26 x 43 Inches

$600,000 - $800,000

14 ALBERT BIERSTADT
(1903.15)
-"i
Giant Redwood Trees of California i',
8DH0J Circa 1874 L ^
Signed tower left - .i r [j
Oil on canvas '
]*} /-
h f
51 Vj x 41>/i Inches j 4 1i : '
1 J
\ ji
I
$1.500.000-$2,500,000

!i.

15 RALPH ALBERT BLAKELOCK


(1915^4) Rocky Mountains
8DHQM Circa 1871
Signed lower left
Oil on canvas
34 x 54 Inches

$150.000-$250,000

. 16 FREDERIC EDWIN CHURCH


(19D9.8) Valley of the Santa Ysabel
8DHT8 Signed and dated JS75 lower left
Oil on canvas
38 x 59 Va inches

$5,000,000-$7,000,000

17 THOMAS WILMER DEWING


(1992.7) Two Ladies in a Drawing Room /The White Dress
8DHTH 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 GEORGE HENRY DURRIE


(1947,8) Hunter in Winter Wood
80htk
Signed and dated J860 tower lell
Oil on canvas
35 Vt x 54 inches

$400.000-$600,000

19 GEORGE INNESSJR,
(1920.8) Leeds In the Catskills
bdhrr
1865
Signed lower right
Oil on canvas
45 Vi x 70 'A inches

$300,000 $500,000

20 JOHN LAFARGE
(1956.15.2) Magnolia
Bohr*
Signed and dated 1859 lower left
Oil on panel
IS'/iKll inches

$200,000 - $300,000

21 THOMAS MORAN
(1915.32) The Last Arrow
Bdhrf
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 CHARLES WILLSON PEALE


(1917.30) portrait of General David Forman
sense Cjrca 17M
Oil on canvas
50 V: x 38 Vt inches

$200,000 - $300,000

23 REMBRANDT PEALE
(1917.22) George Washington
Sdhqv Signed lower left
Oil on canvas, possibly mounted on aluminum
34 Vi x 27 'A inches

$200,000 $300,000

(Pending research)

24 NORMAN ROCKWELL
(1959.33) Shuffleton's Barbershop
8DHRB 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 NORMAN ROCKWELL
(1966.25) Shaftsbury Blacksmith Shop
80HR8 1940
Signed lower right
Oil on canvas
34 x 69 inches

$7,000,000 $10,000,000

26 AUGUSTUS SAINT-GAUDENS
(1994.5.3) Diana of the Tower
sohjz
1899
Inscribed
Bronze
Height withoout base: 26 V* Inches
Height of base: 2 'A Inches

$250.000-$350,000

27 FRANKLIN SIMMONS
(1917.33,1) Penelope
80HK2
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 CIRCLE OF JOACHIM PATINIR AND ADRIAEN


(1950.35)
bojcc
ISENBRANT
Flight into Egypt
16th Centuiy
Oil on panel
26x33 inches

$150,000 - $200,000

29 PIETER DE HOOCH
(1916,21) The Music Party
acucL Signed lower right on the steps: P.d Hoogtw
Oil on canvas
26'A x 30 Vj inches

$100.000-$150,000

30 ADRIAEN ISENBRANT
(1994.5.2) The Temptation
sdjcd
16th Century
Oil on panel
17x10 Inches

$200,000 - $300,000

Sotheby's u
09 June 20171 Valuation Number 702735841 Page12
old master paintings, sotheby's new york. january 2018

n 3] SIR JOSHUA REYNOLDS


(190615) 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 JAN VICTORS
(1903.19)
Benjamin and His Brethern
8djc9
Oil on canvas
63 x 90 inches

$80,000-$120,000

34 BENJAMIN WEST
(1909.9)
Daniel Interpreting to Belshazzar the Handwriting on the
8DHRN
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 A TEN-PANEL COROMANDEL LACQUER'DAOIST \


( T 2 0 0 bS IMMORTALS' SCREEN
QingtJynasty.Kangxi Period, dated by inscription 1689 e,
Height; 90 in j!-'
Width; 20 in. 16-

$80.000-$120,000

35 A LARGE BRONZE FIGURE OF GUANYIN


0916.13.1) c^jna or japani igiti century
Sdnck Height; 47 'A Inches
Width: 26Winches
Depth: 12 finches

$10.000-$15,000

37 A LARGE BLUE AND WHITE 'DRAGON' VASE


(1922.5.48) Qjng Dynasty. Early 19 th Century. Jiaqing-Daoguang Period
8DNC9 Height: 18V, in.
Diameter: 9% in.

$30,000-$50,000

3S AN ARCHAIC BRONZE RITUAL FOOD VESSEL, GUI


(C1992.264) Early Western Zhou Period
fiOTFG Width; 8% in.

$30,000-$50,000

Sotheby's ea
09 June 2017 | Valuation Number 70273584| Page 14
CHINESE WORKS OF ART. SOTHEBY'S NEW YORK. MARCH 2018

39 A FOLDING TALE OF GENJI' SCREEN


(1958.6) Japan, 16fh Century
Sdnr5 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 GIULIOTADOLINI
(1905,14.1) JUDJTH
8DHKD
1881
Signed end dated Giulio Tsdollni Roma 1881
Marble
Height with base; 90 inches
Height without base: 61 inches

$50,000-$70,000

Sotheby's ei
09 June Z017 Valuation Number 70273584 |Page 16
Sotheby's
SCHEDULE II
Marketing and Promotion

.it .
(T- " -S ;

12
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]

13
Sotheby's
If the above accurately reflects your agreement, please so indicate by signing below.

Very truly yours,

SOTHEBY'S, INC. r

C
By (/.(.cu
Name: ]\hU^ ?10fi|7
Title: -5 V p

ACCEPTED AND AGREED;

TRUSTEES OF THE BERKSHIRE MUSEUM

By;
Name;
Title: ftt

Date: f

By;
Name;
Title: y.trrCrt.TTft~- l>trtcrp^

Dale; Ul* IZOl/

Sotheby's, Inc.
License No. 1216058

14
SCHEDULE I

Phase see attached listing.

15
Sotheby's
Client Name:
Client Account Number;
Consignmeni Number;
Date:

Pavment Instructions

If you require payment by Wire Transfer in respect to future settlements for the above
account, please complete your bank details below and return lo us within 14 days of
receipt.

Please Remit Proceeds in Dollars To:

Payee/Account Name;

Bank:
Address:

Account No.:
Sort or Swifl Code
or ABA No,:
IBAN # (if applicable):

Inlermediary Bank Name:


Intermediary Bank Address:

ABA number and or


Swift Code Number;

If we do nol receive your bajik details, payments will be remitted by check.

Client Signature:
Dated: ,2017

PtattL' note llini if you compldic and sign riicw inslnjciiojis, all nci proceeds fortlMS Krtc JocoliW) will be wired lo the ahovt rcftrrunceU bank. IF
wc d mn tcccivi? ihiise signed compkied iiiilruclions,payments will be remitted by check to the above rcfcrenwd address. note that tlic
"Piij'ee/Aa.'ounl Namt" musl malcli ihc cflnsignur namu

16