MEMORANDUM OF UNDERSTANDING
Sponsorship and contributions of money or services are accepted on the basis of these conditions.
Clarification of specific involvement, where agreed, shall be set out in a Letter from the BCGT as referenced in these conditions.
Memorandum of Understanding
The Bomber County Gateway Trust
- This Memorandum of Understanding (“MOU”) sets out the relationship between the Bomber County Gateway Trust (“BCGT”) and the Sponsor in connection with the Sponsor’s Contribution of money and/or resources (“The Contribution”) to the design and erection of a landmark Sculpture and its ancillary elements being representative of an Avro Lancaster Bomber on the Lincolnshire / Nottinghamshire border at Brills Farm, Norton Disney (“the Project”).
- The Contribution is important in order to make available the money, resources, skills and expertise necessary to ensure the Project is a success.
- The Project will require the design and construction of foundations and a steel support structure on which the Sculpture will be supported and the Sculpture itself. To achieve this, BCGT needs the charitable assistance of construction and engineering professionals, contractors and volunteers and donations of funds.
- The specific Contribution made by the Sponsor is set out in the Confirmation of Contribution letter (“the Letter”) which references this MOU.
- The Sponsor and BCGT agree to cooperate and work together to maximise the effectiveness of the Contribution. Each party shall nominate persons as representatives and their roles within the Project shall be defined as set out in the Letter.
- This MOU is made at will and may be modified by mutual consent of the parties in writing. This MOU shall become effective upon signature by the authorized representatives of the parties on the Letter and will remain in effect until modified or terminated by either party by written notice to the other. In the event that either party terminates this MOU the relationship shall cease forthwith and both parties agree and acknowledge that there shall be no liability or obligation to the other in any way.
- In the event that the Project is cancelled for any reason whatsoever the BCGT and the Sponsor agree to end this MOU immediately upon confirmation by the BCGT that the Project is to be or has been cancelled.
- BCGT and the Sponsor expressly agree that there is no financial commitment to each other in any way and that any funds, goods or services donated to the Project by the Sponsor are solely for the benefit of the Project and shall be expended thereon by the BCGT in its absolute discretion. The Sponsor further agrees that no legal relations are to be formed or construed or implied between the Sponsor and BCGT unless and to the extent expressly set out in the Letter.
- BCGT shall from time to time publish financial information relating to the funds raised and the sums expended on the project. Where excess funds remain available after the completion of the Project, these shall be expended on future projects or ongoing activities relating to this Project as BCGT shall in its absolute discretion decide.
- This MOU is personal between BCGT and the Sponsor and shall not be assigned without the written agreement of both parties.
- BCGT and the Sponsor hereby agree that they will always store confidential details and information of the other party securely and will never share any information with third parties for the purpose of marketing without the other party’s written permission.
- Unless terminated in accordance with this MOU the MOU shall automatically cease upon completion of the Project which date BCGT shall in its absolute discretion decide or within 3 years of the date of its execution, whichever occurs first..
No obligation or duty of care by BCGT or the Sponsor to any third parties shall be implied or inferred from this MOU.
- Notwithstanding the provisions of clause 9, if BCGT decides to close the charity or dispose of available money after the completion of the Project, the beneficiaries of any available money shall, for the time being be any or all of the following;
- The International Bomber Command Centre
- Lincolnshire Aviation Heritage Centre
- The Royal British Legion