Donation Donor Agreement

Donation Donor Agreement

This Donation Donor Agreement (the "Agreement") is made effective as of , by and between Donor Name: ("Donor"), and Recipient Name: ("Recipient").

Recitals

WHEREAS, Donor wishes to contribute certain property or funds to Recipient for charitable, educational or other beneficial purposes; and

WHEREAS, Recipient is a lawful entity qualified to receive and hold charitable donations and agrees to accept and use the donation subject to the terms and restrictions set forth herein; and

WHEREAS, the parties desire to set forth their respective rights and obligations with respect to the donation.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:

1. Definitions

For purposes of this Agreement, the following definitions apply: "Donation" means the gift described in Section 2. "Restricted Gift" means any donation made subject to specific use limitations imposed by Donor. "Acceptance" means Recipient's formal acknowledgment of receipt and intended use in compliance with this Agreement.

2. Donation; Description; Value

Donor hereby irrevocably donates to Recipient the property or funds described below (the "Donation"):

The parties acknowledge that Donor is solely responsible for determining and documenting the fair market value for tax or reporting purposes unless Recipient independently prepares a valuation. Donor is responsible for obtaining any appraisal required by applicable law.

3. Restrictions and Purpose

Is this donation a restricted gift? Yes No

Recipient shall use any Restricted Gift only for the stated purpose. If Recipient determines, in good faith, that the stated purpose becomes impracticable, Recipient will notify Donor and, where practicable, seek a mutually agreeable modification in accordance with Section 11 (Amendments).

4. Delivery and Transfer of Title

Donor will deliver the Donation to Recipient at the address designated in Section 12 (Notices & Addresses). Title to tangible property shall transfer to Recipient upon delivery and acceptance. For monetary donations, Donor shall transfer funds by the method specified below.

5. Acknowledgment and Receipt

Recipient shall provide Donor with a contemporaneous written acknowledgment of the Donation describing the Donation and indicating whether any goods or services were provided in return. Such acknowledgment shall state if Recipient values the Donation for tax purposes; Recipient makes no representation as to Donor's tax deductibility.

6. Representations and Warranties

Donor represents and warrants that Donor has good and marketable title to the Donation, free of any liens or encumbrances, and has full right and authority to transfer the Donation to Recipient. Recipient represents and warrants that it is a validly existing organization with the authority to accept the Donation and to carry out the uses set forth in this Agreement.

7. Tax Treatment

Donor acknowledges that Recipient does not provide tax advice and that Donor is solely responsible for determining the tax consequences of the Donation. Recipient shall, upon request, provide such documentation as may be required by law to substantiate the Donation.

8. Confidentiality and Publicity

Unless otherwise agreed in writing, Recipient may publicly acknowledge the Donation and use Donor's name in publications and donor lists. If Donor requires confidentiality, Donor must so indicate below and provide written details; Recipient will use reasonable efforts to honor such request consistent with law.

9. Compliance with Law

Each party shall comply with all applicable laws, rules and regulations in performing its obligations under this Agreement. Recipient shall use the Donation in a manner consistent with applicable legal and regulatory requirements applicable to charitable organizations.

10. Indemnification

Donor shall indemnify, defend and hold harmless Recipient from any losses, claims, liabilities or expenses arising out of any breach of Donor's representations, including claims relating to title or transfer of the Donation. Recipient shall indemnify Donor against liabilities arising from Recipient's gross negligence or willful misconduct in the administration of the Donation.

11. Amendments; Waiver

This Agreement may be amended only by a written instrument executed by both parties. No failure or delay by either party in exercising any right will operate as a waiver of that right.

12. Notices & Addresses

All notices to the parties shall be in writing and delivered to the addresses set forth below by hand, certified mail (return receipt requested), or overnight courier, and will be effective upon receipt.

13. Governing Law

This Agreement will be governed by and construed in accordance with the laws of the state specified below without regard to conflict of law principles.

14. Entire Agreement; Severability

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will continue in full force and effect.

15. Counterparts; Execution

This Agreement may be executed in counterparts, each of which will be deemed an original and all of which together will constitute one instrument. Execution and delivery of this Agreement by electronic means (including electronic signature) will have the same force and effect as an original signature.

Additional Provisions

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