Model gift agreement
GIFT AGREEMENT BETWEEN THE COMPANY XXX AND THE UNIVERSITAT
POLITÈCNICA DE CATALUNYA
Barcelona, [date]
BY AND BETWEEN
Of the one part, Professor Enric Fossas Colet, rector of the Universitat Politècnica de
Catalunya (hereinafter the UPC), which is the holder of tax identification number (NIF) Q0818003-F, and whose registered address is at Jordi Girona, 31 in Barcelona, who acts on
behalf of the University by virtue of the provisions of Article 20 of Organic Law 6/2001, of 21
December, on Universities, and Article 67 of the Statutes of the Universitat Politècnica de
Catalunya, approved by Government Resolution 43/2012, of 29 May (Official Gazette of the
Government of Catalonia No 6140, 01-06-2012), and pursuant to his appointment by Decree
257/2013, of 26 November, of the Government of Catalonia.
And of the other part, Mr/Ms .......................... (director, manager, administrator, chairperson)
of the company ........................, acting on its behalf by virtue of (details of the power of
attorney, deed of appointment, relevant article of the entity’s statutes, etc), whose registered
address is at (street address, town/city and postcode), and which is the holder of tax
identification number .....................
The parties hereto mutually acknowledge each other’s legal capacity to enter into this
agreement and bind the respective entities they represent.
RECITALS
1. Whereas the UPC is an institution governed by public law, with independent legal
personality and its own assets, which provides the public service of higher education through
research, teaching and study, primarily in the fields of engineering, architecture and science.
Based on intellectual rigour, critical thinking, interdisciplinarity, innovation and
entrepreneurship, the Universitat Politècnica de Catalunya provides people with knowledge,
professional competencies, capabilities, skills and values that enable them to tackle the
current and future challenges of our society over the course of their lives while seeking to
achieve a more just society.
A paragraph must be included to identify the unit that will host the project and explain its
nature (for example, its mission and objectives, and any other information related to the
object of the agreement) in a way that provides a reasoned justification of the suitability of
the gift.
2. Whereas the company XXX
A brief description of the company’s mission and its reasons for making the donation must be
provided.
XXX has expressed its intention to support the project XXX. Now, therefore, the parties,
recognising each other’s capacity to enter into contracts and be bound by their terms, freely
enter into this gift agreement and
AGREE AS FOLLOWS
1. Object of the agreement
The object of this agreement is to regulate a gift made to the UPC by XXX. The gift will be
used in project XXX, and the UPC therefore recognises XXX as a donnor of the said project.
2. Execution
XXX hereby irrevocably donates to the UPC,
1. In the case of monetary gifts, the agreement must specify the sum donated and the
current account of the University to which it will be deposited.
2. In the case of donations of goods/equipment, the agreement must list the items and
indicate their economic value, which must be established by reference to the company’s
invoice for own consumption or the valuation of an appraiser. These documents must be
attached to the agreement.
The agreement must also specify how the goods will be delivered and who will bear the cost
of packing, shipping, installation and start-up, if applicable, of the donated goods.
In the case of gifts of goods:
The value of the goods provided by XXX shall be determined in accordance with the criteria
set forth in Article 18(1)(b) of Law 49/2002 (the book value of the goods at the date of
transfer).
3. Issuing of a certificate
If the requirements laid down in Law 49/2002 of 23 December are met, the UPC shall issue
the certificate provided for in Article 24 of the said law.
In the case of gifts of goods:
The value of the goods provided by XXX shall be determined in accordance with the criteria
set forth in Article 18(1)(b) of Law 49/2002 (the book value of the goods at date of transfer).
4. Term of the agreement
This agreement shall enter into force on ........... [specify date].
5. Grounds for termination
If any of the provisions of this agreement are breached, the injured party may require that the
agreement be performed or that it be terminated. Such termination shall not give rise to any
right to demand the refund of any contributions made by way of gift.
The agreement may also be terminated unilaterally, provided that the terminating party gives
the other party one month’s written notice. Such termination shall not give rise to any right to
demand the refund of any contributions made by way of gift.
6. Amendment of the agreement
With the exception of its unilateral termination, any amendment of this agreement shall
require the approval of both parties, in writing and the resulting documents shall be added to
this agreement as annexes.
7. Transparency
According to the Article 8 b) of the “Transparency, access to public information and good
governance, Law 19/2013 of 9 December” (published in BOE No. 295 of 10.12.2013) and
the Article 14 of the “Transparency, access to public information and good governance,
Law 19/2014 of 29 November” (DOGC No.6780 of 31.12.2014), the UPC will publish the
information on the signatory parts, object, validity, obligations assumed by the parties,
including the economic conditions and changes that arise in future, referred to this
Collaboration Agreement.
8. Jurisdiction
Before taking any legal action against the University, the other party must lodge a complaint
through administrative channels, as provided in Articles 120 et seq. of the Law on the legal
system governing public authorities and common administrative procedure.
In the event of any dispute relating to the application or interpretation of this agreement, the
parties expressly accept the jurisdiction and competence of the courts and tribunals of the
city of Barcelona and waive any right to another jurisdiction and venue.
In witness whereof, the parties have signed this document in two counterparts at the place and
on the date indicated in its heading.
For the UPC
For the company
Professor Enric Fossas Colet
Mr/Ms
Rector
Position