Archives International in conjunction with Kelleher & Rogers 25 July 2024

if any, will be paid to the Purchaser. Kelleher reserves the right to assign its interest to any third party. 23 Kelleher may at its sole and absolute discretion, make loans or advances to Consignors and/or prospective Purchasers. 24 The Auctioneer may bid for his or its own account at any auction (even though it may not be required to pay a Buyer’s Commission, or other charges that other Purchasers may be required to pay) and may have access to information concerning the lots and items contained therein that is not otherwise available to the public. Any conflict of interest or claim of competitive advantage resulting therefrom is expressly waived by all participants in the sale. 25 If a dispute arises concerning ownership of a lot that has been bid upon, Kelleher reserves the right to commence a statutory interpleader proceeding at the expense of the Consignor and suc- cessful Purchaser and any other applicable party, and in such event, Kelleher shall be entitled to its reasonable attorney’s fees and costs. 26 In the event of a successful challenge to the title to any goods purchased, Kelleher agrees to reimburse any Purchaser in an amount equal to the successful bid price actually paid by Purchaser at auction plus any Buyer’s Commission actually paid, in full and complete satisfaction of all claims, such reimbursement once tendered by Kelleher, relieves and releases Kelleher from any responsi- bility whatsoever to the Purchaser, even if the instrument is not cashed or is returned. 27 Kelleher reserves the right to post-pone the auction sale or any session thereof for a reasonable period of time for any reason whatsoever, and no Bidder or prospective Bidder shall have any claim as a result thereof, including consequential damages. DISCLAIMERS ANDWARRANTIES ALL ITEMS OFFERED IN THIS CATALOGUE ARE GUARANTEED TO BE GENUINE. THIS IS A LIMITED WARRANTY THAT THE ITEM SOLD IS NOT COUNTERFEIT, THAT ITS DATE OR MINTMARK HAS NOT BEEN ALTERED AND THAT THE COIN HAS NOT BEEN “REPAIRED.” 28 Any other warranty is expressly disclaimed; Kelleher offers no representation that a numismatic item has or has not been cleaned; that any toning is natural or artificial; that any coin will meet the standards or grade of any independent grading service; that any item has a particular provenance or pedigree, or that a numismatic item is struck or produced in a particular style. Any state- ment concerning such matters reflects an opinion only. Questions regarding the minting of a coin as a proof or as a business strike relate to the method of manufacture and not to authenticity. a. The descriptions contained herein represent the Cataloger’s good faith opinion, or the opinion of an independent grading service, as to the state of preservation and strike. When a grade from an independent grading service is utilized, the information is provided strictly for the convenience of the bidder by mail, telephone or facsimile. Bidders and Purchasers acknowledge that (i) grading is an art, not a science; (ii) the grades contained in the catalogue represent the opinion of the Auctioneer based upon its experience; (iii) it is possible that two people will not always grade the same items alike; and (iv) as market conditions change, grading standards change, and will most likely continue to do so in the future. NO WARRANTY, WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, IS MADE WITH RESPECT TO ANY GRADE DESCRIPTION, WHICH IS MERELY AN OPINION THAT IS LIKELY TO DIFFER, EVEN AMONG EXPERTS. PURCHASER HEREBY ASSUMES ALL RISKS CONCERNING AND RELATED TO THE GRADING OF A LOT BY AN INDEPENDENT GRADING SERVICE. b. Grading or condition of rare coins may have a material effect on the value of the item(s) purchased; and the opinion of third parties (including independent grading services) may differ from the independent grading service’s opinion or interpretation of Kelleher. Kelleher shall not be bound by any prior or subsequent opinion, determination or certification by any independent grading service. c. All oral and written statements made by Kelleher and its employees (including affiliated and related companies) are statements of opinion only, and are not warranties or representations of any kind, unless stated as a specific written warranty, and no employee or agent of Kelleher has authority to vary or alter these Terms and Conditions of Sale. Any alteration shall be effective only if in writing and signed by an officer of Kelleher authorized to do so. d. Bidders shall have no recourse against the Consignor for any reason whatsoever. e. Notwithstanding anything to the contrary in these Terms and Conditions of Sale, COINS LISTED IN ANY CATALOGUE GRADED BY PCGS, NGC, ICG, SEGS, ACCU- GRADE, PCI, NTC OR ANACS CACHET MAY NOT BE RETURNED FOR ANY REASON WHATSOEVER. Please note that lack of a CAC seal does not necessarily mean that a coin was rejected. Not all coins were submitted for examination. 29 By bidding in the sale, (whether in person, by mail, telephone or facsimile, or through an agent), Bidder expressly consents to the following 30 Neither Kelleher nor any affiliated or related company shall be responsible for incidental or consequential damages arising out of any failure of the Terms and Conditions of Sale of the auction or the conduct thereof and in no event shall liability for any such failure exceed the purchase price paid. 31 The sole remedy that any Purchaser in the auction shall have, whether such Purchase is bidding in person, by mail, by facsimile, by telephone, or through an employee or agent, for any claim or controversy arising out of the auction shall be a refund of the original purchase price and premium paid, if any. 32 Upon payment of any disputed sum, which in no event shall be greater than the original purchase price actually paid by Purchaser plus any commission or premium actually paid by Purchaser to Kelleher, Auctioneer and its employees shall be deemed released from any and all claims of the Bidder arising out of or in connection with the sale of such property. Purchaser agrees to execute prior to delivery of any refund, any documents reasonably requested to affect the intent of this paragraph. Should the Purchaser decline to do so, Purchaser hereby grants to Kelleher a limited power of attorney to unconditionally effect such release. 33 Rights granted to Bidders and Purchasers under these Terms and Conditions of Sale are personal and may not be assigned or transferred to any other person or entity, whether by operation of law or otherwise. Any attempt to assign or transfer any such rights shall be absolutely void and unenforceable. No third party may rely on any benefit or right conferred on any Bidder or Purchaser by these Terms and Conditions of Sale and terms of warranty. “Purchaser” shall mean the original Purchaser of the property from Kelleher and not any subsequent owner or other person who may acquire or have acquired an interest therein. If Purchaser is an agent, the agency must be disclosed in writing to Kelleher prior to the time of sale, otherwise the benefits of the warranty shall be limited to the agent and not transferable to the undisclosed principal. 34 If the Purchaser fails to comply with one or more of these Terms and Conditions of Sale, then in addition to all other remedies which it may have at law or in equity, Kelleher may at its sole option, either (a) cancel the sale, retaining all payments made by Purchaser as liquidated damages, it being recognized that actual damages may be speculative or difficult to compute, or (b) sell some or all of the property and (some or all other property of the Purchaser held by Kelleher, if Kelleher deems necessary), in a quantity sufficient in the opinion of Kelleher to satisfy the indebtedness, plus all accrued charges. More than one such sale may take place at the option of Kelleher. Such sale may take place without notice to Purchaser. If Kelleher gives notice, it shall be by U.S.P.S. Certified Mail, Return Receipt Requested to the address utilized on the Bid Sheet, Auction Consignment and Security Agreement or other address known to Kelleher. Such sale will be at Kelleher standard commission rates at public or private sale, within Connecticut, or at another location outside of Connecticut to be determined by Kelleher. At the time of sale, the defaulting party shall not bid nor be permitted to bid. The proceeds shall be applied first to the satisfaction of any damages occasioned by Purchaser’s breach, and then to the payment of any other indebtedness owing to Kelleher, including without limitation, commissions, handling charges, the expenses of both sales, reasonable attorneys’ fees and costs, collection agency fees and costs and any other costs or expenses in- curred thereunder. If a lot or item is not paid for, and is sold by Kelleher for Purchaser’s account, in accordance with the Uniform Commercial Code, Kelleher shall not be required to account to the Purchaser for any excess proceeds. Purchaser shall remain liable to Kelleher if the proceeds of such sale or sales is insufficient to cover the indebtedness. If other property of Purchaser is also sold, any excess of proceeds will be remitted to the Purchaser after first deducting the expenses set forth above. If Purchaser fails to remit sums due to Kelleher, Purchaser grants to Kelleher a lien with respect to such sum, with interest to accrue thereon at the legal rate, until actually paid, which lien shall apply against any property of Purchaser, including any future goods of Purchaser coming into possession of Kelleher. To the extent permitted by law, Purchaser hereby waives all the requirements of notice, advertisement and disposition of proceeds required by law. 35 These Terms and Conditions of Sale and the auction shall be construed and enforced in accordance with, and governed by, the laws of the State of Connecticut, whether or not the auction is and these Terms and Conditions of Sale are fully performed in Connecticut. 36 Purchaser acknowledges and agrees that the competent courts of the State of Connecticut shall have exclusive jurisdiction over any dispute(s) arising hereunder, and Purchaser hereby agrees that any dispute arising hereunder shall be litigated exclusively in the courts of the State of Connecticut, and not elsewhere, regardless of any party’s current or future residence or domicile. 37 ATTORNEY FEES AND COSTS The Bidder/Purchaser shall pay to Kelleher all costs and expenses of collection of amounts due herein, or to otherwise enforce any or all provisions of these Terms and Conditions of Sale, the subject matter of these Terms and Conditions of Sale, or any other agreement entered into with Kelleher, including but not limited to, reasonable attorney fees and costs incurred before legal action, if any, is commenced. The Bidder/Purchaser further agrees that in any litigation or other proceeding based upon, arising out of or related to these Terms and Conditions of Sale, the Bidder/Purchaser shall pay to Kelleher its attorney fees and other expenses and costs incurred in connection with the litigation or other proceeding if Kelleher is the prevailing party. 38 If any section of these Terms and Conditions of Sale or any term or provision of any section is held to be invalid, void, or unenforceable by any court of competent jurisdiction, the remaining sections or terms and provisions of a section shall continue in full force and effect without being impaired or invalidated in any way. AS STATED IN THE TERMS AND CONDITIONS OF SALE Certain lots may be reserved by the Consignor. If the Auctioneer identifies a Consignor bidding on his own property, an announcement will be made that the Consignor is now bidding. If the Consignor places a bid in the mail bid book and is successful, the Auctioneer will announce that the lot has been passed. 39 These Terms and Conditions contain the entire agreement and understanding between Kelleher and Bidder concerning the auction and any items bid on or purchased at the auction. Bidder acknowledges that Kelleher has not made any promises, representations or warranty to bidder, not contained herein concerning the auction and any items bid on or purchased at the auction. TERMS & CONDITIONS OF SALE - Public Auction