(name and address of a natural person)


City of Moers, Eigenbetriebsähnliche Einrichtung Bildung - Business Division Municipal Archives - Wilhelm-Schroeder-Straße 10
47441 Moers

the following deposit agreement is concluded:

§1 Subject matter of the contract

The depositary deposits archival records at the Moers City Archives according to the attached list.
The depositee assures to be the owner of the sources or to be entitled to dispose of them for any other reason. The copyrights to the media remain unaffected.

§2 Taking over of archive material

The City Archive takes over the offered documents for professional archiving. Theywill be archived in the sub-file "Zahn Family Archive". Multiple items will be returned to the depositary as determined by the Moers City Archives - unless a cassation permit has been obtained. The Stadtarchiv will not carry out any cassation on its own initiative. The depositary declares that the archive material is not contaminated with mold. The Municipal Archives will have random tests carried out in this regard.

§3 Storage
The Municipal Archives undertake to store the sources in packaging suitable for long-term storage and in rooms secured against external access. In doing so, the Municipal Archives shall be responsible for the care which it is accustomed to apply in its own affairs.

§4 Development

The City Archives will work with the custodian to index the archival materials and make them available to the public in accordance with the City Archives Usage Regulations. The indexing shall take place within 24 months after complete transfer to the City Archives. The depositary may prohibit lending outside the archive rooms for individual parts or the entire stock brought in by him.

§5 Remuneration

The rights granted and services rendered under §§ 2, 3 and 4 shall be free of charge between the contracting parties. If restoration/conservation work appears necessary, the City Archives shall have the work carried out at its own expense in accordance with archival considerations. If the depositee wishes a corresponding restoration / conservation measure, all costs shall be imposed on the depositee.

§6 Term

a) the stock brought in by the depositee is given to the Moers City Archives as a permanent loan. If the depositee dies, all property rights shall pass to the City Archives.
b) The depositary agreement shall initially run for 10 years. Thereafter, it shall be tacitly renewed unless terminated by one of the contracting parties with 24 months' notice. If the depositee dies, all property rights shall pass to the City Archives.

§7 Further provisions

(1) There are no ancillary agreements to this contract. Amendments and/or supplements must be made in writing, in particular an amendment to the written form clause. Neither party may invoke an actual practice deviating from the contract as long as the deviation has not been fixed in writing.
(2) The statutory provisions on the place of jurisdiction shall apply. In the event that the depositee against whom legal action is to be brought moves his place of residence or habitual abode outside the area of application of the laws of the Federal Republic of Germany or his place of residence or habitual abode is unknown at the time when legal action is brought, Moers shall be agreed as the place of jurisdiction by way of derogation.
(3) This Agreement shall remain valid even if individual provisions should prove to be invalid. The provision in question shall then be interpreted in such a way that the economic and legal purposes originally intended by it are achieved as far as possible.
(4) The use of the archive material shall take place within the framework of the City Archive Usage Regulations and the respective applicable NRW State Archive Act.


Moers, October 07, 2017