Donation Agreement - Habitat for Humanity - Donation of Vacant Lot to City

Home Browse Search

documents and to take all actions reasonably necessary and appropriate to consummate the transfer and donation of the Property and shall use their best efforts to close in a timely manner. 2. AC,,CTPTANCL QF 1 2.1 ' M ,. Except for the representations and warranties of Donor as set forth in Section 1.1 hereof, Donee accepts the Property "as -is, where -is" and without any representations or warranties by Donor as to the condition of the Property or its fitness for any particular use or purpose. Donor offers no such representation or warranty as to condition or fitness, and nothing in this Agreement will be construed to constitute such a representation or warranty as to condition or fitness. 2.2' . � ° a. Donee authorizes David Relos or Andrew Netter of the Department of Community Investment to execute any documents on its behalf that are required to effect the transfer. 3. GENERAL PROVISIJINS 3.1 Successgra and AsS gns. This Donation Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties. Notwithstanding the foregoing, Donee may not transfer, assign or encumber Donee's rights under this Donation Agreement without Donor's prior written approval. 3.2 1�111il°e AgregingUl. This Donation Agreement contains the entire agreement between the parties concerning the Donation and transfer of the Property and supersedes all prior written or oral agreements between the parties to this Donation Agreement. No addition to or modification of any term or provision shall be effective unless in writing, signed by both Donor and Donee. 3.3 Jartial IL11alidiiX. If any portion of this Donation Agreement shall be declared by any court of competent jurisdiction to be invalid, illegal or unenforceable, that portion shall be deemed severed from this Donation Agreement and the remaining parts shall remain in full force as fully as though the invalid, illegal or unenforceable portion had never been part of this Donation Agreement. 3.4 !C�gyerning &)I. The parties intend and agree that this Donation Agreement shall be governed by and construed in accordance with the laws of the State of Indiana. 3.5 i . s. No person other than Donor and Donee, and their permitted successors and assigns, shall have any right of action under this Donation Agreement. 3.6 Waivers. No waiver by either party of any provision shall be deemed a waiver of any other provision or of any subsequent breach by either party of the same or any other provision. 3.7 Captions. The captions and Section numbers of this Donation Agreement are for