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<br /> kids around the world
<br /> PLAYGROUND EQUIPMENT DONATION AGREEMENT
<br /> This agreement is entered this date between Kids Around The World, Inc., 2424 Charles St.,Rockford, IL
<br /> 61125 (hereinafter referred to as"KIDS")and
<br /> (hereafter referred to as"Donating Organization").
<br /> KIDS, an Illinois not-for-profit corporation,registered in Illinois at the above address performing
<br /> charitable programs including building playgrounds for children in underprivileged locations, desires to
<br /> Acquire as a donation,the below identified used playground equipment from the Donating Organization
<br /> (hereafter referred to as the"Equipment").
<br /> In consideration for the donation of the Equipment from the Donating Organization,KIDS agrees to the
<br /> following:
<br /> DISCLAIMER: KIDS acknowledges and agrees that the Donating Organization is neither a
<br /> manufacturer nor a vendor of the Equipment, that KIDS takes the Equipment and each part
<br /> thereof"as-is" and that the Donating Organization has not made, and does not hereby make, any
<br /> representation, warranty, or covenant, express or implied, with respect to compliance with any and
<br /> all applicable guidelines or regulations, including, but not limited to ASTM and CPSC, the
<br /> merchantability, condition, quality, durability, design, operation, fitness for use, or suitability of the
<br /> Equipment in any respect whatsoever or in connection with or for the purposes and uses of KIDS,
<br /> or as to the absence of latent or other defects whether or not discoverable, or as to the absence of
<br /> any infringement of any patent, trademark or copyright, or as to any obligation based on strict
<br /> liability in tort or any other representation, warranty, or covenant of any kind or character,
<br /> express or implied, with respect thereto, it being agreed that all risks incident thereto are to be
<br /> borne by KIDS and the Donating Organization shall not be obligated or liable for actual, incidental,
<br /> consequential, or other damages of or to buyer or other person or entity arising out of or in
<br /> connection with the use or performance of the Equipment and the maintenance thereof. KIDS
<br /> acknowledges that KIDS has selected the Equipment KIDS is acquiring from the Donating
<br /> Organization based on KIDS' own judgment and the Donating Organization hereby affirmatively
<br /> disclaims reliance on any oral representation concerning the Equipment made to KIDS.
<br /> INSURANCE REQUIREMENTS: KIDS shall maintain insurance of the types and in the amounts listed
<br /> below.
<br /> A. Commercial General Liability Insurance
<br /> KIDS shall maintain commercial general liability (CGL) insurance with a limit of not less than
<br /> $1,000,000 each occurrence and a$2,000,000 aggregate limit.
<br /> CGL insurance shall be written on Insurance Services Office (ISO)occurrence form CG 00 01 10
<br /> 93, or a substitute form providing equivalent coverage, and shall cover liability arising from
<br /> premises, operations, independent contractors, products-completed operations, personal injury
<br /> and advertising injury, and liability assumed under an insured contract.
<br /> The shall be included as an additional insured under the CGL insurance form.
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