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W. Anti-collusion/Nondiscrimination Requirements Form:
The attached “Anti-collusion/Nondiscrimination Requirements” form, on page 2 of this
RFP, shall be executed by Offeror and is to be submitted with Offeror’s Proposal. The
requirements set forth on said form shall be considered to be binding terms and
conditions in any contract resulting from this RFP. A contract will not be awarded to an
Offeror who has not signed the anti-collusion/nondiscrimination statement.
X. Hold Harmless/Indemnification:
It is understood and agreed that Successful Offeror hereby assumes the entire
responsibility and liability for any and all material damages to persons or property caused
by or resulting from or arising out of any act or omission on the part of Successful
Offeror, its subcontractors, agents or employees under or in connection with this
Contract or the performance or failure to perform any work required by this Contract.
Successful Offeror agrees to indemnify and hold harmless NNPS and its agents,
volunteers, servants, employees and officials from and against any and all claims,
losses, or expenses, including reasonable attorney's fees and litigation expenses suffered
by any indemnified party or entity as the result of claims or suits due to, arising out of
or in connection with (a) any and all such damages, real or alleged, (b) the violation of
any law applicable to this Contract, and (c) the performance of the work by Successful
Offeror or those for whom Successful Offeror is legally liable. Upon written demand by
NNPS, Successful Offeror shall assume and defend at Successful Offeror's sole expense
any and all such suits or defense of claims made against NNPS, its agents, volunteers,
servants, employees or officials.
Y. Notices:
All notices, requests, demands, and elections under this contract, other than routine
operational communications, shall be in writing and shall be deemed to have been duly
given on the date when hand- delivered, or on the date of the confirmed facsimile
transmission, or on the date received when delivered by courier that has a reliable system
for tracking delivery, or six (6) NNPS business days after the date of mailing when
mailed by United States mail, registered or certified mail, return receipt requested,
postage prepaid. All notices shall be addressed to the following individuals:
To NNPS: NNPS Contract Administrator as designated in this RFP.
To Successful Offeror: Successful Offeror’s Contract Administrator as defined in
Successful Offeror’s Proposal. Either party may from time to time change the
individual(s) to receive notices and/or its address for notification purposes by giving the
other party written notice as provided above.
Z. Non-Performance:
1. Delivery Delays: NNPS reserves the right to procure goods and/or services to be
provided under this contract from other sources in the event Successful Offeror
fails to deliver such goods and/or service deliverables in accordance with delivery
dates and time frames set forth in this contract.
2. Unacceptable Deliveries (Rejections): Upon notification by NNPS that goods and/or
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