Terms and Conditions on Grant Awards
These are the terms and conditions for the Anthony V. Spano Foundation grantees. This Grant Agreement (“Agreement”) is entered on the day the check, goods and/or services have been received/deposited by and between The Anthony V. Spano Foundation (“Foundation”) and the group in which the name is on the check or goods and/or services, (“Grantee”) for the explicit purpose(s) described in the awardee letter.
The awardee letter will have the amount, goods and/or services of the grant, date approved and the assistance period.
- This grant is to be used only for the purpose described above in accordance with the approved proposal. The program is subject to modification only with The Foundation’s prior written approval. The Grantee shall return to The Foundation any unexpended funds:
- At the end of the Assistance Period, or
- If The Foundation determines that the Grantee has not performed in accordance with this Agreement and the approved funds.
- Grantee shall indemnify, defend, and hold harmless the Foundation and its officers, directors, employees, agents, affiliates, and contractors from and against any and all claims, liabilities, damages, losses, expenses, demands, suits, and judgments, including without limitation reasonable attorneys’ fees and costs, arising from or relating to (a) Grantee’s performance of this Agreement or breach thereof or (b) the intentional misconduct or negligent acts or omissions of Grantee, its employees, agents, contractors, or consultants in connection with the performance of its obligations under this Agreement. This provision shall survive the termination of this Agreement.
- Unless specifically authorized by the Foundation, expenses charged against this grantee program may not be incurred prior to the effective date of the grant or subsequent to the termination date, and may be incurred only as necessary to carry out the purposes and activities of the approved program, assistance purpose, or project.
- The Grantee is responsible for the expenditure of funds and for maintaining adequate supporting records consistent with generally accepted accounting practices. Likewise, this Agreement must be fully executed before any funds shall be submitted to Grantee.
- Unless otherwise stipulated in writing, this agreement is made with the understanding that the Foundation has no obligation to provide other or additional support to the Grantee.
- The Foundation shall have the right, without charge, to use the names, likenesses and images of the financial assistance individual or family in photographic, audiovisual, digital or any other form of medium (“Media Materials”) and to use, reproduce, distribute, exhibit, and publish the Media Materials in any manner and in whole or in part, including in brochures, website postings, informational and marketing materials, and reports and publication describing The Anthony V. Spano Foundation programs and activities.
- This agreement shall be governed by and construed according to the laws of the State of Ohio, without regard to any principles of conflict of laws.
- Force Majeure. Nonperformance by the Foundation shall be excused or the time for performance extended, whichever may be necessary, to the extent that performance is rendered impossible by act of God, strike, fire, flood, governmental acts, order or restrictions, or any other reason where failure to perform is beyond the control and not caused by the negligence of the Foundation.
- Notwithstanding any provision in this Agreement to the contrary, the Foundation may, upon giving notice to Grantee, assign all or any part of its right, title, and interest in this Agreement. Grantee may not assign this Agreement, in whole or in part.
- The provisions of this Agreement are for the sole benefit of the parties hereto and confer no rights, benefits, or claims upon any person or entity not a party hereto.
- This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be taken together and deemed to be one instrument. Faxed or e-mailed and PDF counterpart signatures are sufficient to make this Agreement effective.
Created: August 27, 2020
Updated: December 15, 2022, October 8, 2023