Fill and Sign the Gift Agreement with Institution Form

Gift Agreement with Institution The undersigned ________________________ (Name of Donor) of _____________________________________________ (street address, city, county, state, zip code) , referred to herein as Donor, hereby gives, assigns, and transfers all of his right, title and interest in and to and ________________________ (Name of Donee) , a not for profit corporation organized and existing under the laws of the state of ________________________ (name of state) , with its principal office located at _____________________________________________ (street address, city, county, state, zip code) , referred to herein as Institution, a collection (the Collection ) consisting of ________________________ (describe), more particularly described on the attached Inventory (Exhibit A), which is incorporated herein by reference. 1. Copyright. The Donor hereby transfers and assigns to the Institution such intellectual property as the Donor may own in the Collection. 2. Warranties. The Donor warrants that, to the best of the Donor’s knowledge, that the Donor owns the physical property in the Collection, free and clear of any liens, and the Donor has the full right, power and authority to transfer the Collection to the Institution. 3. Name of the Collection. The Collection is to be known as ________________________ (name). 4. Use by the Donor. The following conditions govern use of the Collection by the Donor for so long as the Collection is held by the Institution: A. The Donor may access the Collection during the Institution’s normal business hours, consistent with Institution’s practices and procedures governing access by the general public. B. In the event that the Donor wishes to borrow materials from the Collection, the parties will enter into an agreement of loan specifying such details as the materials to be borrowed; the term of the loan; shipping; whether materials may be copied, and if so, by which mutually approved laboratories; and the care to be taken of the borrowed materials. The Donor shall pay all shipping, insurance, and handling costs for borrowed materials, shall assume full responsibility for such materials, and shall reimburse the Institution, either in cash, or, at the Institution’s election, in kind, for loss or damage to such materials. In the event of loss or damage to materials, the Donor and the Institution shall attempt to agree upon the replacement or repair value of the materials. If the parties cannot agree, however, the Institution’s valuation will control. If the Donor wishes to borrow original materials from the Collection for which the Institution does not have a preservation copy, the Institution may require that the Donor pay for such a copy for inclusion in the Institution’s collections. 5. Disposal. Should the Institution determine that any part of the Collection is inappropriate for retention but may be of interest to the Donor or another institution, the Institution will provide the Donor with ________________________ (number) days’ prior written notice to elect return of the materials to the Donor or to another institution selected by the Donor. If the Institution does not receive a response from the Donor within ________________________ (number) days of providing notice to the Donor using the Donor’s most recent contact information as provided by the Donor, the Institution may proceed at its discretion. Unless provided herein to the contrary, 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. 6. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ________________________ (name of state). WITNESS our signatures as of ________________________ (date). ________________________ (Name of Institution) ______________________ By__________________________ (Signature of Donor) (Signature of Officer) ________________________ ________________________ (Printed Name of Donor) (Name and Office in Institution)