THIS DEED of GIFT Made The

Accession #:______

THIS DEED OF GIFT made the day of , 20 .

BETWEEN:

(the “Donor” or if more than one donor, collectively, hereinafter the “Donor”)

- and -

THE UNIVERSITY OF MANITOBA (the “University”)

WHEREAS the Donor is the absolute owner, free of encumbrances, of the property described in the schedule(s) attached hereto and forming part hereof (the “Property”), and is entitled to dispose of the Property;

AND WHEREAS, for the advancement of research and education, the Donor desires to make an absolute gift to the University of all of the Donor’s right, title, and interest in and to the Property, subject only to the exceptions noted herein;

AND WHEREAS the University, being empowered to accept gifts of property, desires to accept a gift of the Property;

NOW THIS DEED WITNESSETH as follows:

Transfer of Title and Copyright

1. The Donor hereby gifts, assigns and transfers all of the Donor’s right, title, and interest in and to the Property, to the University, for its own use absolutely, subject only to the terms of this Deed.

2. The Property includes the items and things listed on the schedule(s) attached hereto at the time this Deed is executed, as well as schedule(s) attached subsequently. Property which is described in subsequently attached schedule(s) is deemed to have been gifted to the University on the same terms as set out herein.

3. Where applicable to the type of gift, the Property includes all subsisting copyright, except:

a) copyright in correspondence in which the Donor is not the author; - 2 -

b) documents of any medium created by persons other than the Donor; and

c) any exceptions noted on the corresponding schedule(s).

4. The Property is deemed to be gifted and transferred as of the date indicated on the corresponding schedule(s).

5. Notwithstanding the preceding sections, net income from publication of any of the Property shall remain with the Donor, to be distributed to the Donor or the Donor’s agents, heirs, executors, or assigns, for a period of fifty (50) years from the date of transfer. “Net income from publication” means royalty income and lump sum payments received by the Donor in respect of the licensing of the copyright in any of the Property.

6. It is understood and agreed by the parties hereto that the University shall at all times retain control and actual possession of the Property, provided that the Donor shall have access to the Property during regular business hours of Archives & Special Collections.

7. The Donor hereby agrees that the University may permit users of the Property to make copies thereof, provided that such copies are for their own use and are made in accordance with the Copyright Act (Canada), as amended from time to time.

8. The University shall have the right to govern and restrict access by third parties to any part of the Property.

9. The University hereby accepts the absolute gift of the Property from the Donor, subject only to the terms of this Deed.

Valuation and Receipting

10. The University hereby covenants and agrees to engage a professional appraiser or appraisers, as necessary, at its own cost, to determine the appraised value of the Property.

11. The University shall use reasonable efforts to assist the Donor in obtaining appropriate tax advantages from the gift of the Property, including issuing an appropriate charitable tax receipt. If the appraised value of the Property exceeds ten thousand ($10,000) dollars, and if the donation is deemed to be of outstanding significance and/or national importance (OSNI) as defined by subsection 32(1) of the Cultural Property Export and Import Act (CPECI), these efforts may include an application to the Canadian Cultural Property Expert Review Board, at the University’s cost, for a certificate to quality the gift of the donated Property for deduction by the Donor under provisions of the Income Tax Act (Canada).

12. The Donor consents to being publicly identified as the donor of the Property. The Donor’s name will be associated with the Property in accordance with archival principles. - 3 -

Processing the Property

13. Prior to or subsequent to the acceptance of the gift of the Property, the University may process the Property in accordance with standard archival practice. The University may choose not to archive all of the Property.

14. In processing the Property, the University may dispose of duplicate material or material which, in the opinion of the University, has little or no archival value. If books are included in the Property, they will be processed according to standard library practice, which may include sale in the University’s Library Book Sale. However, if indicated below, the University will make reasonable efforts to offer any material identified for disposal to the Donor, or the Donor’s heirs, executors, or assigns.

Donor to be offered any material identified for disposal

Retention of the Property

15. It is the University’s intention to archive and hold the Property in perpetuity. Notwithstanding, the University shall not be obligated to retain the Property indefinitely, and the University may transfer or dispose of the Property in accordance with standard archival principles. Such disposal may include the transfer of some or all of the Property to another archive which, in the opinion of the University, is more appropriate to house the subject Property.

16. The University will take reasonable care to protect the Property while it is in the possession of the University, in accordance with standard archival practice.

17. The University may prepare a finding aid or research tool relating to the Property.

General Terms

18. Should any provision of this Deed be void or unenforceable, such provision shall be deemed severed and omitted, and this Deed, with such provision omitted, shall remain in full force and effect.

19. This Deed is binding on the parties hereto, and their respective heirs, executors, administrators, successors and assigns.

20. This Deed constitutes the entire agreement between the parties, and all previous agreements, proposals or communication relating to the subject of this Deed are hereby superseded and of no force or effect. There are no warranties, representations, terms, conditions or collateral agreements, express or implied, other than as set out herein.

21. The Donor will hold harmless and indemnify the University for any and all claims related to the Donor’s right, title, and interest in and to the Property, including, where applicable, - 4 -

all subsisting copyright, and particularly, the Donor’s right or authority to gift the Property to the University on the terms contained herein.

22. The Property will be at the risk of the Donor, until the date the Property is gifted and transferred, as indicated on the corresponding schedule(s).

23. Where the undersigned is the executor/executrix of the Donor’s Estate, the undersigned represents and warrants that he/she is duly authorized to deal with the assets of the Estate. The undersigned will provide a copy of the relevant will, grant of probate or letters of administration upon request.

24. This Deed is governed by the laws of the Province of Manitoba, and any dispute hereunder shall be referred to the exclusive jurisdiction of the Court of Queen’s Bench (Winnipeg Centre).

25. This Deed may be executed in any number of counterparts and by different parties in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. Delivery by facsimile or by electronic transmission in portable document format (PDF) of an executed counterpart of this Deed is as effective as delivery of an originally executed counterpart of this Deed.

IN WITNESS WHEREOF the University and Donor, < > of the City/Town of in the Province/Territory of have executed this Deed effective as of the day and year first above written.

) ) (seal) Witness signature ) (Donor’s signature)

THE UNIVERSITY OF MANITOBA

Per: Witness signature University Librarian

D:\Docs\2017-12-14\0ce0e69252cd1a255b3b1b214196cf83.doc SCHEDULE “ ”

To a Deed of Gift

From to The University of Manitoba

The following property is gifted to The University of Manitoba as of the day of , 20 .

Exceptions to transfer of copyright (if applicable):

) ) (Witness signature) ) (Donor’s signature) )