Gift Agreement
This Gift Agreement (hereinafter referred to as the Agreement) is hereby entered into on this ____________ (date) by and between ____________________ (“First Party”) and _____________________ (“Second Party”).
WITNESSETH:
WHEREAS First Party is desirous of gifting an amount of USD ____________ only (hereinafter referred to as “Gift”) to Second Party;
AND WHEREAS Second Party accepts the said Gift from First Party;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows:
1. Gifting. First Party shall transfer the said Gift to Second Party through _____________________________ (“Mode of Transfer”) on or before __________________ (date).
2. Intended Use. Second Party agrees to make use of the said Gift for ___________________________ (“Intended Use of Gift”).
3. Representation and Warranty. First Party represents and warrants that it has full right, title and authority to enter into this Agreement and perform its obligations hereunder and that the amount of Gift contemplated herein is the true and correct amount of the Gift.
4. Indemnification. Second Party hereby agrees to indemnify and hold First Party harmless against all claims, costs, damages, losses and liabilities suffered or incurred directly by First Party as a result of any misrepresentation, breach of representations and warranties, breach of covenants and obligations, negligence, or default on the part of Second Party in connection with this Agreement and/or any related agreements.
5. Limitation of Liability. Except for Third Party Claims, neither Party shall be liable for any form of indirect, special or consequential damages (including, without limitation, incidental, punitive or other similar damages or loss of profits or other economic loss or damage) arising from or relating in any way to this Agreement or any related agreement.
6. Breach and Survival. In the event of breach of any of the obligations, representations, warranties and covenants set forth herein, the non-breaching Party may terminate this Agreement upon written notice. Upon termination, all of the obligations arising prior to such termination and all representations, warranties, covenants and agreements that are intended to survive the performance shall remain in full force and effect.
7. Governing Law. This Agreement shall be construed, enforced and governed in accordance with the laws of ____________________ (country), without regard to principles of conflicts of law.
8. Severability. If any provision of this Agreement is held invalid, such invalidity shall not affect any other provision of this Agreement which can be given effect without the invalid provision, and, to this end, the provisions of this Agreement are declared to be severable.
9. Entire Agreement. This Agreement supersedes any prior agreement or understanding between the Parties hereto regarding the subject matter hereof and constitutes the entire agreement between the Parties.
IN WITNESS WHEREOF the Parties have executed this Agreement on the date first above written.
___________________________
First Party
___________________________
Second Party