Fill and Sign the Agreement to Loan Automobile to University Athletic Department for Promotional Purposes Form

Agreement to Loan Automobile to University Athletic Department for Promotional PurposesAgreement made on the ____________________________ (date) , between __________________________________________ (Name of University), a nonprofit corporation organized and existing under the laws of the state of ___________________, with its principal office located at _____________________________________________________ ____________________________________________________________________________ (street address, city, county, state, zip code) , referred to herein as University , and ______________________________________ (Name of Automobile Dealer) , a corporation organized and existing under the laws of the state of ____________________, with its principal office located at _______________________________________________________________ ____________________________________________________________________________ (street address, city, county, state, zip code) , referred to herein as Dealer . In the interest of advancing and promoting the intercollegiate athletics program at the __________________________________________ (Name of University) , Dealer has offered to loan the following vehicle(s) to the Athletic Department of University: Make & Year of Automobile: (Describe) ___________________________________ Vehicle Identification Number: (Describe) _________________________________ License Plate Number: (Describe) __________________ Dealer's Address: (Describe) _____________________________________________________ I. University agrees to: A. Subject to the limitations stated below, assume responsibility for the care, custody, and control of the vehicle. B. Maintain insurance on the vehicle, naming Dealer as an additional insured, with combined liability of $500,000 per accident. University will assume responsibility for all deductibles. C. Pay the costs of gasoline, oil, lubrication, and washing of vehicle. D. List Dealer or Dealer's designees as registered titleholder and legal owner of the vehicle. E. Provide (_____) premium season tickets to all University home football and men's basketball games during the seasons. Tickets will be mailed in advance of first home game of each sport. F. Provide (_____) premium season tickets to all University home baseball games during the season. Tickets will be mailed in advance of first home game(s), which is to be determined. G. Provide (_____) season tickets to all other University athletic competitions upon request. H. Provide minimum of one (1) message board announcements at all home football, men's basketball and baseball games recognizing support of Dealer . I. Provide space for logo recognition of Dealer’s support in official football and men's basketball souvenir programs. Artwork for football program is due no later than (date). J Provide minimum of two (2) vehicle display opportunities at a University home baseball game per season recognizing Dealer’s support. Displays include up to three (3) vehicles, one-hundred (100) general admission game tickets for Dealer's use at the game and special presentation during the game. II. Stipulations: A. The vehicle is under manufacturer's warranty. It is agreed that vehicle will be serviced exclusively at Dealer's repair facility except in the case of an emergency on the road, at which time the vehicle will be taken to an authorized dealer of the same make unless this provision is waived in writing by Dealer . B. University does not assume responsibility for the cost of normal wear and tear and depreciation. The vehicle will be returned to Dealer in the condition it was received, less normal wear and tear. C. In the instance in which there is extraordinary wear on the vehicle that exceeds what may be established as normal wear and tear, University shall compensate Dealer for the vehicle's loss value attributable to such excessive wear. Should there be a disagreement between University and Dealer as to this amount, there shall be an appraisal made by an independent qualified appraiser, jointly approved by the parties. D. This vehicle will primarily be used by _________________________________ (Name of member of Athletic Department) . The car may also be utilized by other authorized members of the University’s Athletic Department for official activities. E. Dealer may request return of the vehicle at any time. Written confirmation of the termination of this Agreement must be made 15 days prior to the required return of the vehicle. Notices of termination must be sent to the Director of Athletics, at _______________________ ____________________________________________________________________________ (street address, city, county, state, zip code) , This Agreement is to be administered on behalf of University by the Director of Athletics or his designee. No other individuals are authorized to amend, modify, or waive the terms of the Agreement. All amendments, modifications, or other changes to this Agreement must be in writing signed by both parties to be effective. F. The University is, for purposes of tax treatment under the Internal Revenue Code, a tax-exempt non-profit educationally related governmental entity. G. Dealer may receive a membership in __________________________________ (Name of Organization of “Most Favored” donors) with all the rights and privileges therein as consideration for the loan of the vehicle described herein. H. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. I. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _____________________. J. Notices Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. K . Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. L. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. M. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. WITNESS our signatures as of the day and date first above stated. ______________________________ _______________________________ (Name of Dealer) (Name of University) By: ____________________________ By: _____________________________ (P rinted or typed name) (P rinted or typed name) _______________________________ _________________________________ _______________________________ _________________________________ (Name and Office in Corporation) (Name and Office in University)