Changeset - 24a82013132f
[Not reviewed]
0 2 1
Bradley Kuhn (bkuhn) - 8 years ago 2014-04-24 15:29:13
bkuhn@ebb.org
Updates to the FSA template from Conservancy's internal repository.
Included is now the ODT version of the template, that Tony and Karen insisted
on. :)
3 files changed with 5 insertions and 5 deletions:
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www/conservancy/static/members/apply/ConservancyFSATemplate.pdf
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www/conservancy/static/members/apply/conservancy-fsa-template.odt
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new file 100644
 
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www/conservancy/static/members/apply/conservancy-fsa-template.tex
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...
 
@@ -46,25 +46,25 @@ By: \hspace{0.95em}\rule{0.50\textwidth}{0.2mm} \hfill{}Date: \rule{0.25\textwid
 
\vspace{6ex}
 
}
 

	
 
\begin{document}
 

	
 
\begin{center}
 
\textsc{\Huge Fiscal Sponsorship Agreement}{\Huge {} } 
 
\par\end{center}
 

	
 
\bigskip{}
 

	
 

	
 
This Agreement is made by and between The Software Freedom Conservancy
 
This Agreement is made by and between Software Freedom Conservancy
 
(``Conservancy'') and FIXME-CONTRIBUTOR-NAMES (the ``\signatories'')
 
on behalf of the project known as \projectname (the ``Project'') (each, a 
 
``Party''; together, ``the Parties'').  Conservancy is a New York nonprofit 
 
public benefit corporation located in Brooklyn, New York, which has received 
 
recognition of exemption from federal income tax under Section 501(c)(3) of 
 
the Internal Revenue Code (IRC) and classification as a public charity under 
 
IRC Sections 509(a)(1) and 170(b)(1)(A)(vi).
 

	
 
\textsc{Whereas:}
 

	
 
\begin{enumerate}[label=\Alph*.,ref=\S \Alph*]
 
\item Conservancy's organizational mission and charitable goal is to promote,
...
 
@@ -101,25 +101,25 @@ terminated as set forth in \ref{Termination}.
 
\begin{enumerate}[label=\alph*.,ref=\theenumi(\alph*)]
 
\item \textbf{The \leadershipbody Will Manage the Project}. \label{ProjectManagement}
 
Authority to manage the technical, artistic and philanthropic direction
 
of the Project and the program activities of the Project is delegated
 
to the \leadershipbody as defined in \ref{Representation},
 
subject at all times to the direction and control of Conservancy's
 
Board of Directors. Conservancy will only intervene in the program
 
activities to the extent the Project is not in compliance with \ref{FreeSoftware}
 
or \ref{CharitablePurpose} of this Agreement. 
 
\item \textbf{The Project Will Be Free Software}. \label{FreeSoftware}
 
Conservancy and the \leadershipbody agree that any and all software
 
and/or documentation distributed by the Project will be distributed solely as Free Software.
 
Conservancy retains the sole right to determine whether Project's
 
Conservancy retains the sole right to determine whether the Project's
 
software and/or documentation constitutes Free Software (as defined herein).
 
\item \textbf{Ultimate Responsibility of Project}. Subject to \ref{ProjectManagement}
 
of this Agreement, all community programs, public information work,
 
fundraising events, processing and acknowledgment of cash and non-cash
 
revenue items, accounts payable and receivable, negotiation of leases
 
and contracts, disbursement of Project funds (including grants), and
 
other activities planned by the Project shall be the ultimate responsibility
 
of Conservancy and shall be conducted in the name of Conservancy,
 
beginning on the Effective Date. 
 
\item \textbf{Project Not An Agent Of Conservancy}. The \signatories
 
hereby acknowledge that the Project and the \leadershipbody
 
do not and shall not act as an agent for Conservancy unless specifically
...
 
@@ -299,39 +299,39 @@ project usually has a uniquely worded Representation section. ]
 

	
 
\item \textbf{Outstanding Liabilities}. The \signatories represent
 
that any liabilities that may be outstanding in connection with the
 
Project have been disclosed to Conservancy. 
 
\item \textbf{Termination}. \label{Termination} The \leadershipbody or Conservancy
 
may terminate this Agreement at any time subject to the following
 
understandings:
 

	
 

	
 
\begin{enumerate}[label=\alph*.,ref=\theenumi(\arabic*)]
 

	
 
\item \textbf{Notice and Successor Search}. Either Conservancy or the \leadershipbody
 
may terminate this Agreement on sixty (60) days' written notice to
 
may terminate this Agreement on sixty (60) days' written notice (``the Notice Period'') to
 
the other Party, so long as a Successor can be found that meets the
 
following requirements (the ``Successor has Qualified''):
 

	
 

	
 
    \begin{enumerate}[label=\roman*.,ref=\theenumi(\alph{enumii})(\roman*)]
 
\item the Successor is another nonprofit corporation which is tax-exempt
 
under IRC Section 501(c)(3), 
 
\item the Successor is not classified as a private foundation under Section
 
509(a), 
 
\item the Successor is willing and able to sponsor the Project, and, 
 
\item the Successor has (a) communicated its willingness to sponsor the
 
  Project in writing to Conservancy and (b) sent a copy of its 501(c)(3) determination letter to Conservancy, and, 
 
\item the Successor is approved in writing by both Parties by the end of
 
the 60-day period, such approval not to be unreasonably withheld. 
 
the Notice Period, such approval not to be unreasonably withheld. 
 
\end{enumerate}
 
\item \textbf{Additional Search Periods}. If the Parties cannot agree on
 
a Successor to sponsor the Project, the \leadershipbody
 
shall have an additional 60 days to find a Successor willing and able
 
to sponsor the Project. Any subsequent search periods of any length
 
shall only be granted at Conservancy's written permission. 
 
\item \textbf{Transfer to a Successor}. If a Successor has Qualified, the balance
 
of assets in the Project Fund, together with any other assets held
 
or liabilities incurred by Conservancy in connection with the
 
Project, shall be transferred to the Successor within thirty (30)
 
days of the approval of the Successor in writing by both Parties or
 
any extension thereof, subject to the approval of any third parties
...
 
@@ -363,18 +363,18 @@ have been signed by each Party hereto and delivered to the other Party.
 
In lieu of the original, a facsimile transmission or copy of the original
 
shall be as effective and enforceable as the original. 
 
\end{enumerate}
 
\vfill{}
 

	
 

	
 
\textsc{In witness whereof}, the Parties have executed this Fiscal
 
Sponsorship Agreement effective on the FIXME day of FIXME, FIXME (the
 
``Effective Date'').
 

	
 
\vspace{3em}
 

	
 
\signature{The Software Freedom Conservancy, Inc.}{Bradley M. Kuhn}{Title: Executive Director}
 
\signature{Software Freedom Conservancy, Inc.}{Bradley M. Kuhn}{Title: President}
 

	
 
\signature{}{FIXME-CONTRIBUTOR}{}
 
\signature{}{FIXME-CONTRIBUTOR}{}
 
\signature{}{FIXME-CONTRIBUTOR}{}
 
\end{document}
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