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TERMS AND CONDITIONS
<br />(A) fHE DONEE CERTIFIES THAT:
<br />(1) It is a public a ge ncy; or a nonprofit institution or organization, exempt from taxation under Section 501 ofthe Internal Revenue Codeof 1954: within the
<br />meaning of Sectio 203(j) of the Federal Property and Administrative Services Act of 1949, as amended, and the regulations of the Administratar of General
<br />Ser%ices.
<br />i2) If a public agency.the property is needed and will be used by the mcipien[forearmsing out or promotingfortht residents ofa given political arca one or more
<br />public put posts, or, if a nonprofit tax-exempt ttititution or o: panization. the property is needed for and will be used by the recipient for educational or public
<br />healthperpox:, including researchfor such purpmc or forprxrams for older individuals. The property is not being acquired (orervo -I-r itse at purpose, or for
<br />sa:c or other distnoution; or for permanent use outside lite stare, except with prior approral of the state agency.
<br />(3) Funds are available to pay all costs and charges incident to donation.
<br />("l This tra nsactio. shall be subject to the nendiscri mination regulations governing the donation of surplus personal property issued untie- Title VI of the Civil
<br />R i r,hts .Act of 1964. T itlt VI, Section 606, of the redo ral Property and Administrative Services Act of 1949- as amended, Section 504 of the Rehabilitation Act of
<br />1973, as amended. Title IX of the Education Amendments of 1972, as amended, and Section 303 of the Are Discrimination Act of 1915.
<br />(B) THE DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS:
<br />(t) A l i items of property shall be placed in use for the purpose(sjfor which acquired within one year ofrec:ipt and shall becontinutd in u;e for such purpose(s)
<br />nr a".c year from the da[, the property was placed in use. In the event the property is not so placed in use, or continued in use, the donee shall immediately notify
<br />t;-< see n[, z cency and at th:d�r:ec's tzrtnse,¢turn such propertyto the state agencv. or otherwise make the property available for transfer or other di sposal by the
<br />slate z?ency, orovided the property is still usable as derermined by the state agency.
<br />(2) Such spccia' handling or use limitations as are imposed by General Services Administration (GSA) on any item(s) of property listed hereon.
<br />Ol In t!:e event nc property is not so used or handed as required by (13)(1) ano (2), title and right to the possession of such property shall at the option of GSA
<br />icvca to the Unit] S:at s of Amen.z. and upon demand the donee steal! release such proper -Cy to such person as GSA or its designee shall direct.
<br />(CI T H F DONE E.% .;REES TO THE FOLLOWING CONDITIONS IMPOSED BY THE STATE. AGENCY. APPLICABLE TO ITEMS WITH A UNi f
<br />..COU(S("t i0N (CST OF 35 Ox! OR MORE AND PASSENGER NIOTOP VEHICLES, REGARDLESS OF ACQUISITION: COST, EXCEPT VESSELS
<br />50 FINS OR YORE IN LFNGT H AND AIRCRAFT:
<br />(q T he propett, sha➢ to uaed only for the purpose(s) for which acquired and for no other purpose(s)
<br />(T: '.'he,t :):al! be a period of restriction which will expire after such property has been used for the porpr»ds) for which acgsired for a period of 18 months
<br />frons tet date the property r, placed in use, except for such items of major equipmtnt, listed hereon, on. which. the state agency designates a further period of
<br />restrctinn.
<br />(3) In Oe event the proper;v is not soused as required Its, (CX 1)and (2) and federal restrictions (b)(1) and (2) haw expired then title and right to the possession
<br />of so,., prop. -C) shall at tt.t option of the state agency revert to the State of California and the donee shall release such property to such person as the state agency
<br />shall direct.
<br />(D) I FiF DONEE .AGREES TO THE FOLLOWING TERMS, RESERVATIONS, AND RESTRICTIONS;
<br />(1) f=rom trio date it receives the property listed hereon and through the period(s) oftime the conditions imposed by (B) and (C) above remail, in effect. the
<br />donee shall Oct set,. trade, 'east. lend, bail, cannibalize, encumber, or otherwise dttpose of such propeny, or remove it permanently, for use outade the crate.
<br />withou+ r::e pi or approval of OSA under (B) or the stale agency under (Cp. "!'he proceeds from anv sale. Dario. (case, loan, bailment, encumbrance, or ctttr
<br />dr posa! n! the y-opc:sy, when such action ¢ authorized by GSA or by the state agency, shalt be remitted promptly by the donee to GSA of the state agency, as the
<br />case may be.
<br />(2) In the esc.,z_ns: o: the oropertylisted herecris sold. traded,lerstd. loaned. bailed, emni"alizcd.encumbered. or other% ise disposed ofby the done: iron
<br />(oe d::;e it iters es ;r.: pro, city [h roach frac perind�
<br />)of tiff.: the eond;tions impr.;ed by (B) and (C) remain in effect, without the prior approval of GSA or the
<br />state agency, tl-,c Cuctt, at the n^tion of GSA or the state agency. s'rai!,, a• to GSA o: tl[e state agency, as the east may be, the proceeds of ule dispo_al or the fair
<br />my tact vee -.tar or ter lair rt mai eeiue of Gm pwpernai nim tine .d sue L ri;spo�_l. "� dere: r.'�irad by GSA or Ba sta;C agzney.
<br />(3) If-tan.ctne.trom ttedr.Ie,trcca!vcsthepropertvthrouehthc peer.od;s?oftimtthe condiuonsimpased bv(B)acd iC)remainin:ifect,anyofthepropefty
<br />csted horcon i= no :roger see:::,bL', usable. or fu;thef needed by t,rc dance for tier purpn>cl s! for which acquired. the donee shai' promptiv nota) the sett agency,
<br />zresha!! as di:core^b_ the:tAttreturn the propertytOlac stale agency.reie„sethe property to ano,hcr donteare.notocr state agency Ora department or
<br />,enc; o` the LritcG States, sob. or odcf%ise dispose of the pruperty. The proceeds train any sale shall be remised promptly by the duoec to the state agency.
<br />(4) Thedonzeshallma'rerc*Ports to the state agency on the use,condition, and location of the property listed hereon. and on other pertinent matters as maybe
<br />rcauircd trop time :o time b, the state agency.
<br />(5) At rhe option of the stale apency, the donee may abrogate the conditions set forth in (C) and the terms, reservations, and restrictions pertinent tbereto in (D)
<br />by payment of an anount as de!er.mu ed by the stale agency.
<br />(f:) THE DONEE AORE ES TO THE FOLLOWING CONDITIONS, APPLICABLE TO ALL ITEMS OF PROPERTY LISTED HEREON:
<br />(1) The property argatred by the donee is on an "as is," "%here is" basis, without warranty of any kind.
<br />(2) Wbert a donee carries insurance a?aiusl damages to or loss of p. nv due to fire or other huza[dsani w here loss of or damage to donated propert) with
<br />unc spired ter Cris, conditions, rosenations, or testric:ions occurs, the state agency a;!! be entitled to reimbursement from the donee out of the insurance proceeds,
<br />of an amour.[ equal to the unan:onized portion of the fair value of the damaged or desuoved donated items
<br />tF) TERMS A N D CON D IT IONS A PPI.1('A BLE T -O THF.. DONATION OF AI KCRAFT AND VESSFIS(50 FEET OR MORE IN LENGTH) HAVING
<br />AN ACQUISITION (USf OF 55.000 CR MORE. REGARDLESS OF THL PURPOSEFOR WHICII ACQUIRED:
<br />The dunatwn shall be subject to the terms, cordlt:ons, reservations, and restrictions set forth in tut Conditional Transfer, Document executed by the
<br />authunzcd donee representative.
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