Donation:
Donor hereby donates the Goods to Recipient. Recipient represents and warrants that (i) the Goods will be used solely for its own use, (ii)Recipient is a nonprofit organization and does not provide net earnings to, or operate in any other manner that inures to the benefit of, any officer, employee, or shareholder of Recipient, (iii) Recipient will not sell or redistribute the donated Goods to a 3rd party, and (iv) Recipient is not providing anything of monetary value to Donor in consideration of the Goods.
Release:
Recipient, for itself and its successors, assigns, agents, employees, and representatives, hereby releases and discharges the Donor, and each of their former, current, and future directors, officers, shareholders, predecessors, successors, assigns, affiliates, board members, agents, insurance carriers, attorneys, servants, employees from each and every claim, cause of action, damages (including consequential damages) and demands, loss and expense, including but not limited to attorney’s fees and costs, that it has or might have, in any way arising out of or in connection with this Agreement or the Goods except to the extent that any such liability cannot be released or waived under applicable Federal, state, or local law. The foregoing shall, to the fullest extent of applicable law, be in addition to, and not in replacement or substitution of any legal protections offered by any "Good Samaritan" or other similar laws in any jurisdiction.
WARRANTY DISCLAIMER:
Donor hereby expressly disclaims all warranties, written or oral, statutory, express, or implied, including any warranty of wholesomeness, merchantability, condition, quality, fitness for use, or suitability of the Goods in any respect whatsoever, including any warranty regarding the absence of any defects therein, whether latent or patent; it being understood and agreed that the Goods are being donated in their current condition as of the date hereof. In connection with Donor's donation of the Goods, Donor shall in no event be liable for any claim whatsoever by or through Recipient, or any third party, for any issue or problem with the Goods, whether such claim is based in any form of warranty, contract, tort (including negligence), strict liability or otherwise, and whether for direct, incidental, consequential, exemplary, or other damages, except to the extent that any such liability cannot be released or waived under applicable Federal, state, or local law. Donor neither assumes nor authorize any person to assume on their behalf any liability in connection with the use or reuse of the Goods.
IN WITNESS WHEREOF, the undersigned have each read the foregoing agreement and agrees with it.
