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be solely responsible for all work performed and materials provided by subcontractors. Contractor shall be
responsible for the liability of subcontractors for the types and limits required of the Contractor.
I. Non-Assignment:
Successful Offeror shall not assign its rights and duties under this Agreement without the prior written
consent of the NNPS Contract Administrator.
J. Antitrust:
Any perceived anti-trust violation will be reported to the State Attorney General for possible enforcement of
anti-trust laws.
K. 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.
L. 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.
M. 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.
N. 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 service deliverables
provided by the Successful Offeror under this contract are damaged and/or not of the quality specified by
NNPS, such goods and/or service deliverables will be rejected. Successful Offeror shall replace such
rejected goods and/or service deliverables immediately or within a reasonable time as determined by NNPS.
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