FundSvcs Community

We have a donor who is looking to fund three new positions in one of our Institutes.  These would be marketing/development positions.  This isn't sponsored research and there are no deliverables outside of an annual report detailing how the money was spent along with some narrative on how things went the prior year. The donor wouldn't receive any direct or indirect benefits.

As part of the drafted agreement there is a termination clause that has the following stipulations - The positions are not hired by a certain time frame, the current Director and person who would be supervising these positions, listed by name, is with the University through out the scheduled payment term, and that donor is satisfied with the capacity-building and fundraising efforts.

Would any of these criteria disqualify this from being a gift?  Should each payment be entered as a gift rather than a pledge given the conditions or is none of it countable?

We have a donor who is looking to fund three new positions in one of our Institutes.  These would be marketing/development positions.  This isn't sponsored research and there are no deliverables outside of an annual report detailing how the money was spent along with some narrative on how things went the prior year. The donor wouldn't receive any direct or indirect benefits.

As part of the drafted agreement there is a termination clause that has the following stipulations - The positions are not hired by a certain time frame, the current Director and person who would be supervising these positions, listed by name, is with the University through out the scheduled payment term, and that donor is satisfied with the capacity-building and fundraising efforts.

Would any of these criteria disqualify this from being a gift?  Should each payment be entered as a gift rather than a pledge given the conditions or is none of it countable?