House Resolution 65

A RESOLUTION ACKNOWLEDGING THE DONATION OF A CERTAIN PHOTOGRAPH AND RECOGNIZING THE TRANSFER AND ASSIGNMENT OF OWNERSHIP AND THE ASSUMPTION OF RESPONSIBILITIES RELATING THERETO BETWEEN REPRESENTATIVES FRANK HAMILTON AND HENRY B. "HANK" ZUBER III.

WHEREAS, This Agreement of Conveyance, Transfer and Assignment of Ownership and Assumption of Obligations ("Transfer and Assumption Agreement") is made as of the date of the adoption of this House Resolution No. _____ by the Mississippi House of Representatives during the 2011 Regular Session of the Mississippi Legislature, by Frank Hamilton, hereinafter "Grantor," and Henry B. (Hank) Zuber III, hereinafter "Grantee."

WHEREAS, Grantor is engaged in public service of the citizens of George and Jackson Counties, Mississippi, as representative of House District 109 to the Mississippi House of Representatives since the year 1992, and having manifested the intent to retire upon the conclusion of the 2011 Regular Session of the Mississippi Legislature, after approximately twenty (20) years of dedicated and meritorious service.

WHEREAS, Grantor desires to convey, transfer and assign to Grantee, and Grantee desires to acquire from Grantor, all of the right, title and interest of Grantor relating to the ownership and possession of a certain photograph, and in connection therewith, Grantee, engaged in public service of the citizens of Jackson County, as representative of House District 113 to the Mississippi House of Representatives since the year 2000, has agreed to assume all of the responsibilities of Grantor relating to said photograph, on the terms and conditions set forth herein.

NOW, THEREFORE, BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

In consideration of the mutual promises and agreements contained herein, the parties hereto, intending to be bound hereby, agree as follows:

SECTION 1. Assignment.

1.1. Assignment of Ownership. For good and valuable consideration of utmost respect, friendship and $.01, the receipt and adequacy of which are hereby acknowledged by Grantor, Grantor does hereby assign, grant, bargain, sell, convey, transfer and deliver to Grantee, and his successors and assigns, all of Grantor's right, title and interest in, to a certain personal and tangible property, owned, held or used as a topic of conversation in jest or otherwise which has adorned the Grantor's desk in the House Chamber (the "Photo"), including, but not limited to, the Photo and the brown and gold trimmed frame which contains its content labeled as Exhibit A attached hereto, and identified in part by the image depicted of a peculiar representation of a being of the female origin.

1.2 Further Assurances. Grantor shall from time to time after the date hereof at the request of Grantee and without further consideration execute and deliver to Grantee such additional instruments of transfer and assignment, including without limitation any bills of sale and other recordable instruments of assignment, transfer and conveyance, in addition to this Transfer and Assumption Agreement, as Grantee shall reasonably request to evidence more fully the assignment by Grantor to Grantee of the Photo.

SECTION 2. Assumption.

2.1 Assumed Responsibilities. As of the date hereof, Grantee hereby assumes and agrees to pay, perform and discharge, fully and completely, all responsibilities, whether known or unknown, asserted or unasserted, due or to become due, or otherwise associated with the Photo whenever arising, and shall indemnify and hold harmless the Grantor against any claims of trauma, negligent infliction of emotional distress, induced state of shock or any other such mental distress resulting from beholding the Photo.

2.2 Further Assurances. Grantee shall from time to time after the date hereof at the request of Grantor and without further consideration execute and deliver to Grantor such additional instruments of assumption in addition to this Transfer and Assumption Agreement as Grantor shall reasonably request to evidence more fully the assumption by Grantee of the Photo.

SECTION 3. Condition on Assignment and Assumption.

3.1 Conditions. The personal property assign, transferred and conveyed in this Transfer and Assumption Agreement from Grantor to Grantee shall only be conveyed upon the official resignation and/or retirement of the Grantor from the House of Representatives of the State of Mississippi, in the capacity as representative of House District 109, or April 2, 2011, or upon the date the House of Representatives of the State of Mississippi adjourns its convening of the 2011 Regular Session of the Mississippi Legislature sine die, whichever event/condition shall be satisfied first.

3.2 Satisfaction. Upon the satisfaction of the aforementioned condition, the Grantor shall convey all right, title and interest in the framed Photo described in Section 1.1 above, a representation of which is hereto attached as Exhibit A, to the Grantee without further consideration or qualification.

SECTION 4. Headings. The descriptive headings contained in this Transfer and Assumption Agreement are for convenience of reference only and shall not affect in any way the meaning or interpretation of this Transfer and Assumption Agreement.

SECTION 5. Governing Law. This Transfer and Assumption Agreement shall be governed by and construed in accordance with the laws of the State of Mississippi applicable to contracts made and to be performed entirely within that state.

SECTION 6. Restrictions and Prohibitions. This Transfer and Assumption Agreement further imposes a prohibition upon Representative Jeffery S. Guice, hereinafter "Restricted," as representative of House District 114 to the Mississippi House of Representatives in representation of Harrison and Jackson Counties, Mississippi, since the year 2008, from removing, relocating, destroying, altering in any manner or disposing of the "Photo" while in the Grantee's possession.

BE IT FURTHER RESOLVED, That copies of this resolution be furnished to the herein named Grantor, Grantee and the Restricted.