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TERMS AND CONDITIONS
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<br /> (A) THE DONEE CERTIFIES THAT:
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<br /> (1) It is a public agency~ or anonprofit educational or public health institution or organiz~ttion, exempt l~o~n taxation under Section
<br />of the Internal Revenue Code of 1954; within the meaning of Section 2030) of the Federal Property and Administrative Services Act of 1949,
<br />as amended, and the regulations of the Administrator of General Services.
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<br />political area one or more public purposes, or, if a nonprofit tax-exempt institution or organization, the property is needed for and will be used
<br />by the recipient for educational or public health purposes, and including research for such purpose. The property is not being acquired for any
<br />other use ot purpose, or for sale or other distribution; or for permanent use outside the state, except with prior approval of the state agency.
<br /> (3) Funds arc available to pay all costs and charges incident to donation.
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<br />under Title VI of the Civil Rights Act of 1964, Title VI, Section 606, of the Federal Property and Administrative Services Act of 1949, as
<br />amended, and Section 504 of the Rehabilitation Act of 1973, as amended.
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<br />(B) THEDONEEAGREF~TOTHEFOLLOWINGFEDERALCONDITIONS;
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<br /> (1) All items of property shall be placed in use for the purpose(s) for which acquired within one year of receipt and shall be continued in
<br />use for such purpose(s) for one year from the date the property was phced in use. In the event the property is not so placed in use, or
<br />continued in use, the donee shall immediately notify the state agency and, at the donce's expense, refuel such property to the state agency, or
<br />otherwise make the property available for transfer or other disposal by the state agency, provided the property is still usable as determined by
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<br /> (2) Such special handling or use limitations as are imposed by General Services Administration (GSA) on any item(s) of property listed
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<br /> (3) In the event the property is not so used or handled as required by (B)(l) and (2), title and right to the possession of such property
<br />GSA or its designee shall direct.
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<br />(C) THE DONEE AGREES TO THE FOLLOWING CONDITIONS IMPOSED BY THE STATE AGENCY, APPLICABLE TO ITEMS WITH A
<br /> UNIT ACQUISITION COST OF $3,000 OR MORE AND PASSENGER MOTOR VEHICLES. REGARDLESS OF ACQUISITION COST,
<br /> EXCEPT VESSELS 50 FEET OR MORE IN LENGTH AND AIRCRAFT:
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<br /> (1) The property shall be used only l~r the putpose(s) for which acquired and I~r no other purpose(s).
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<br /> (2) There shall be a period of restriction which will expire after such property has been used for the purpose(s) for which acquired for a
<br />period of 18 months from the date the property is placed in use, except for such items of major equipment, listed hereOn, on which the state
<br />agency designates a further period of restriction.
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<br /> (3) In the event the property is not so used as required by (C)(I) and (2) and federal restrictions (B){I) and (2) have expired then tiBe
<br />such property to such person as the state agency shall direct.
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<br />(D) THE DONEE AGREES TO THE FOLLOWING TERMS, RESERVATIONS, AND RESTRICTIONS:
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<br /> (1) From the date it receives tile property listed hereon and through the period(s) of thne the conditions imposed by (B) and (C) abuve
<br />permanently, for use outside the state, without the prior approval of GSA under (B) or the state agency under (C). The proceeds from any sale,
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<br />shal! be remitted promptly by the fleece to GSA or the state agency, as the case may be.
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<br /> (2) In the event any of the property listed hereon is sold, traded, leased, loaned, bailed, cannibalized, encumbered, or otherwise disposed
<br />of hy the donco froin the date it receives tile property through the period(s) of time the conditions imposed by (B) and (C) remain in effect,
<br />without the prior approval of GSA or the state agency, the donee, at the option of GSA or the state agency, shaU pay to GSA or the state
<br />agency, as the case may be, the proceeds of the disposal or the fair market value or the fair rental value of the property at the time of such
<br />disposal, as determined by GSA or the state agency.
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<br /> (3) If at any time, from the date it receives the property through the period(s) of time the conditions imposed by (B) and (C) remain in
<br />effect, any of the property listed hereon is no longer suitable, usable, or further needed by the donee for the putpose(s) for which acquired, the
<br />donee shall promptly notify the state agency, and shall, as directed by the state agency, return the property to the state agency, release the
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<br />The proceeds froin any sale shaU be remitted promptly by the donce to the state agency.
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<br /> (4) The donce shaU make reports to the state agency on the use, condition, and location of the property listed hereon, and on other
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<br /> (5) At the option of the state agency, the donee may abrogate tile conditions set l~rth in (C) and the tortes, reservations, and restrictions
<br />pertinent thereto in (D) by payment of an amount as determined by the state agency.
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<br />(E) THED~NEEAGREEST~THEF~LL~w~NGC~ND~T~NS~APPLlCABLET~ALLITEMS~FPR~PERTYL~TED~ERE~N:
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<br /> (l) The property acquired by the donee is on an "as is," "where is" basis, without warranty of any kind.
<br /> (2) Where a donee carries insurance against damages to or loss of property due to fire or other hazards and where loss of or damage to
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<br />the donee out of the insurance proceeds, of an amount equal to the unamortized portion of the fair value of the damaged or destroyed donated
<br />items.
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<br />(F) TERMS AND CONDITIONS APPLICABLE TO THE DONATION OF AIRCRAFT AND VESSELS (50 FEET OR MORE tN LENGTH)
<br /> HAVING AN ACQUISITION COST OF $3,000 OR MORE, REGARDLESS OF THE PURPOSE FOR WHICH ACQUIRED:
<br /> TIle donation shall be subject to the terms, conditions, regrvations, and restrictions set forth in the Conditional Transl~r Document
<br />executed by the authorized donee representative.
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<br /> F76-233 DE10780 7-77 7.500
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