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<br />TERMS AND CONDITIONS OF USE OF <br />COLUMBARIUM OF THE PARISH OF <br />ST. CHRISTOPHER'S EPISCOPAL CHURCH <br />("St. Christopher's") <br /> <br />1. The buyer of a niche is granted the original right of use, which includes the interment of the <br />cremated remains of two persons in a niche. <br />2. At the time of purchase, the Buyer shall designate the person or persons (by name, not as a class) <br />whose cremated remains may be interred in the niche. During the Buyer's lifetime, the Buyer may, from time <br />to time, change the designation of the persons whose remains may be interred, by notice in writing delivered <br />to and accepted by St. Christopher's. The Buyer may also designate one other individual who, upon the <br />Buyer's death or incapacity, shall exercise the same right of designation. The right to designate persons <br />whose remains may be interred ceases with the death of the Buyer and any named designee. <br />3. Buyers must be natural persons or the personal representatives of deceased or of incompetent <br />persons. Only one individual may be considered the buyer of a niche. <br />4. Buyers rights to the niche may not be assigned, transferred, or inherited, without the written consent <br />of St. Christopher's and shall not be subject to the claims of creditors. <br />5. If there has been no interment in the niche five years after the death of the Buyer, St. Christopher's <br />may repurchase the Buyer's rights, subject to the availability of funds in the Columbarium Fund. St. <br />Christopher's shall pay no more than eighty percent (80%) of the sum paid by the buyer. <br />6. Cremated human remains only may be interred in the niche. Ashes deposited in the niche shall be <br />placed in a sealed container acceptable to St. Christopher's. Any such container must be of suitable size for <br />placement in the niche and shall be within the usual bounds of good taste. The name of the person whose <br />ashes are placed in the container shall be marked on or placed within the container. St. Christopher's shall <br />maintain a separate record of all interments and may require appropriate information for this purpose. <br />7. A religious service shall be held at each interment. A member of the clergy of St. Christopher's <br />shall be present and shall conduct the service, except that, in the discretion of the Rector of St. Christopher's, <br />supervision of the service may be delegated to another member of the Clergy. A representative from St. <br />Christopher's shall be present at all such services. <br />8. Names and birth and death years of each person interred in a niche may be placed on the face of <br />the niche on plates approved by St. Christopher's. The size, type and manner of lettering shall be determined <br />by, and applied by, St. Christopher's. No other inscriptions, flowers or other ornamentation are permitted on or <br />around the Columbarium. Access to the Columbarium is subject to the control of St. Christopher's. <br />9. Remains may be removed from the niche only upon the written consent of St. Christopher's, and the <br />Buyer and the spouse, if any, of the person interred, or, if neither is living, of the personal representative, if <br />any, or the next of kin of the person interred. In any such instance, a receipt must be signed by the party so <br />acting, indemnifying St. Christopher's against all liability. No refunds will be granted. All removals shall be <br />under the supervision of a representative of St. Christopher's. <br />10. On default of possibility of a valid use of the niche, the Buyer's rights shall lapse and all interest in <br />the niche shall revert to St. Christopher's. A reasonable determination by St. Christopher's that such default <br />has occurred shall be binding on all parties. <br />11. The right of the Buyer to use a niche shall cease if the present church property is no longer owned <br />by St. Christopher's, the present church edifice is demolished or destroyed or if in the determination of the <br />Vestry of St. Christopher's it is no longer feasible to maintain the Columbarium. In the event of such <br />termination, all interred remains may be removed in accordance with the procedures described in paragraph 9. <br />If, after reasonable notice, such remains are not removed by representatives of the person interred, St. <br />Christopher's shall have the right to remove and dispose of them in an appropriate manner, and thereafter no <br />right of use of the Columbarium shall exist in the Buyer or in any other person. <br />12. All notices to the Buyer of a niche shall be sent to the address set forth on the reverse side of this <br />agreement unless Buyer, or the designee of Buyer described in paragraph 2, shall otherwise advise St. <br />Christopher's in writing. <br />