Accession #:__________
THIS DEED OF GIFT made the
day of
, 20
.
BETWEEN:
(the “Donor” or if more than one donor,
collectively, hereinafter the “Donor”)
- and THE UNIVERSITY OF MANITOBA
(the “University”)
WHEREAS the Donor is the absolute owner, free of encumbrances, of the property described in
the schedule(s) attached hereto and forming part hereof (the “Property”), and is entitled to
dispose of the Property;
AND WHEREAS, for the advancement of research and education, the Donor desires to make an
absolute gift to the University of all of the Donor’s right, title, and interest in and to the Property,
subject only to the exceptions noted herein;
AND WHEREAS the University, being empowered to accept gifts of property, desires to accept
a gift of the Property;
NOW THIS DEED WITNESSETH as follows:
Transfer of Title and Copyright
1.
The Donor hereby gifts, assigns and transfers all of the Donor’s right, title, and interest in
and to the Property, to the University, for its own use absolutely, subject only to the terms
of this Deed.
2.
The Property includes the items and things listed on the schedule(s) attached hereto at the
time this Deed is executed, as well as schedule(s) attached subsequently. Property which
is described in subsequently attached schedule(s) is deemed to have been gifted to the
University on the same terms as set out herein.
3.
Where applicable to the type of gift, the Property includes all subsisting copyright,
except:
a)
copyright in correspondence in which the Donor is not the author;
b)
documents of any medium created by persons other than the Donor; and
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c)
any exceptions noted on the corresponding schedule(s).
4.
The Property is deemed to be gifted and transferred as of the date indicated on the
corresponding schedule(s).
5.
Notwithstanding the preceding sections, net income from publication of any of the
Property shall remain with the Donor, to be distributed to the Donor or the Donor’s
agents, heirs, executors, or assigns, for a period of fifty (50) years from the date of
transfer. “Net income from publication” means royalty income and lump sum payments
received by the Donor in respect of the licensing of the copyright in any of the Property.
6.
It is understood and agreed by the parties hereto that the University shall at all times
retain control and actual possession of the Property, provided that the Donor shall have
access to the Property during regular business hours of Archives & Special Collections.
7.
The Donor hereby agrees that the University may permit users of the Property to make
copies thereof, provided that such copies are for their own use and are made in
accordance with the Copyright Act (Canada), as amended from time to time.
8.
The University shall have the right to govern and restrict access by third parties to any
part of the Property.
9.
The University hereby accepts the absolute gift of the Property from the Donor, subject
only to the terms of this Deed.
Valuation and Receipting
10.
The University hereby covenants and agrees to engage a professional appraiser or
appraisers, as necessary, at its own cost, to determine the appraised value of the Property.
11.
The University shall use reasonable efforts to assist the Donor in obtaining appropriate
tax advantages from the gift of the Property, including issuing an appropriate charitable
tax receipt. If the appraised value of the Property exceeds ten thousand ($10,000) dollars,
and if the donation is deemed to be of outstanding significance and/or national
importance (OSNI) as defined by subsection 32(1) of the Cultural Property Export and
Import Act (CPECI), these efforts may include an application to the Canadian Cultural
Property Expert Review Board, at the University’s cost, for a certificate to quality the gift
of the donated Property for deduction by the Donor under provisions of the Income Tax
Act (Canada).
12.
The Donor consents to being publicly identified as the donor of the Property. The
Donor’s name will be associated with the Property in accordance with archival principles.
-3-
Processing the Property
13.
Prior to or subsequent to the acceptance of the gift of the Property, the University may
process the Property in accordance with standard archival practice. The University may
choose not to archive all of the Property.
14.
In processing the Property, the University may dispose of duplicate material or material
which, in the opinion of the University, has little or no archival value. If books are
included in the Property, they will be processed according to standard library practice,
which may include sale in the University’s Library Book Sale. However, if indicated
below, the University will make reasonable efforts to offer any material identified for
disposal to the Donor, or the Donor’s heirs, executors, or assigns.
Donor to be offered any material identified for disposal
Retention of the Property
15.
It is the University’s intention to archive and hold the Property in perpetuity.
Notwithstanding, the University shall not be obligated to retain the Property indefinitely,
and the University may transfer or dispose of the Property in accordance with standard
archival principles. Such disposal may include the transfer of some or all of the Property
to another archive which, in the opinion of the University, is more appropriate to house
the subject Property.
16.
The University will take reasonable care to protect the Property while it is in the
possession of the University, in accordance with standard archival practice.
17.
The University may prepare a finding aid or research tool relating to the Property.
General Terms
18.
Should any provision of this Deed be void or unenforceable, such provision shall be
deemed severed and omitted, and this Deed, with such provision omitted, shall remain in
full force and effect.
19.
This Deed is binding on the parties hereto, and their respective heirs, executors,
administrators, successors and assigns.
20.
This Deed constitutes the entire agreement between the parties, and all previous
agreements, proposals or communication relating to the subject of this Deed are hereby
superseded and of no force or effect. There are no warranties, representations, terms,
conditions or collateral agreements, express or implied, other than as set out herein.
21.
The Donor will hold harmless and indemnify the University for any and all claims related
to the Donor’s right, title, and interest in and to the Property, including, where applicable,
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all subsisting copyright, and particularly, the Donor’s right or authority to gift the
Property to the University on the terms contained herein.
22.
The Property will be at the risk of the Donor, until the date the Property is gifted and
transferred, as indicated on the corresponding schedule(s).
23.
Where the undersigned is the executor/executrix of the Donor’s Estate, the undersigned
represents and warrants that he/she is duly authorized to deal with the assets of the Estate.
The undersigned will provide a copy of the relevant will, grant of probate or letters of
administration upon request.
24.
This Deed is governed by the laws of the Province of Manitoba, and any dispute
hereunder shall be referred to the exclusive jurisdiction of the Court of Queen’s Bench
(Winnipeg Centre).
25.
This Deed may be executed in any number of counterparts and by different parties in
separate counterparts, each of which when so executed shall be deemed to be an original
and all of which taken together shall constitute one and the same agreement. Delivery by
facsimile or by electronic transmission in portable document format (PDF) of an executed
counterpart of this Deed is as effective as delivery of an originally executed counterpart
of this Deed.
IN WITNESS WHEREOF the University and Donor, <
> of the City of
in the
Province of Manitoba have executed this Deed effective as of the day and year first above
written.
Witness signature
)
)
)
(seal)
(Donor’s signature)
THE UNIVERSITY OF MANITOBA
Per:
Witness signature
University Librarian
S:\Legal\LEGAL OFFICE\Precedents\Website Documents\Signing Policy\Deed of Gift - March 2014.doc
SCHEDULE “
”
To a Deed of Gift
From
to The University of Manitoba
The following property is gifted to The University of Manitoba as of the
20
.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Exceptions to transfer of copyright (if applicable):
(Witness signature)
)
)
)
)
(Donor’s signature)
day of
,