Accept Reject Reject & Provide NOTES/COMMENTS: Alternative within (Initial) (Initial) RFP Response (Initial) In the event of any litigation, appeal, or other legal action to enforce any provision of the contract, the Parties agree to pay all expenses of such action, as permitted by law and if order by the court, including attorney's fees and costs, if the other Party prevails. RETAINAGE Accept Reject NOTES/COMMENTS: Reject & Provide Alternative within (Initial) (Initial) RFP Response (Initial) The State will withhold ten percent (10%) of each payment due as retainage. The entire retainage amount will be payable upon successful completion of the project phase. Upon completion of the project, the Contractor will invoice the State for any outstanding work and for the retainage. The State may reject the final invoice by identifying the specific reasons for such rejection in writing to the Contractor within forty-five (45) calendar days of receipt of the final invoice. Otherwise, the project will be deemed accepted and the State will release the final payment and retainage in accordance with the contract payment terms. ASSIGNMENT, SALE, OR MERGER Accept Reject NOTES/COMMENTS: Reject & Provide Alternative within (Initial) (Initial) RFP Response (Initial) Either Party may assign the contract upon mutual written agreement of the other Party. Such agreement shall not be unreasonably withheld. The Contractor retains the right to enter into a sale, merger, acquisition, internal reorganization, or similar transaction involving business. Contractor agrees to cooperate with the State in executing amendments to the Contractor’s contract to allow for the transaction. If a third party or entity is involved in the transaction, the Contractor will remain responsible for performance of the contract until such time as the person or entity involved in the transaction agrees in writing to be contractually bound by this contract and perform all obligations of the contract. CONTRACTING WITH OTHER NEBRASKA POLITICAL SUB-DIVISIONS Accept Reject NOTES/COMMENTS: Reject & Provide Alternative within (Initial) (Initial) RFP Response (Initial) The Contractor may, but shall not be required to, allow agencies, as defined in Neb. Rev. Stat. §81-145, to use this contract. The terms and conditions, including price, of the contract may not be amended. The State shall not be
Accept (Initial) Reject (Initial) Reject & Provide Alternative within RFP Response (Initial) NOTES/COMMENTS: In the event of any litigation, appeal, or other legal action to enforce any provision of the contract, the Parties agree to pay all expenses of such action, as permitted by law and if order by the court, including attorney's fees and costs, if the other Party prevails. RETAINAGE Accept (Initial) Reject (Initial) Reject & Provide Alternative within RFP Response (Initial) NOTES/COMMENTS: The State will withhold ten percent (10%) of each payment due as retainage. The entire retainage amount will be payable upon successful completion of the project phase. Upon completion of the project, the Contractor will invoice the State for any outstanding work and for the retainage. The State may reject the final invoice by identifying the specific reasons for such rejection in writing to the Contractor within forty-five (45) calendar days of receipt of the final invoice. Otherwise, the project will be deemed accepted and the State will release the final payment and retainage in accordance with the contract payment terms. ASSIGNMENT, SALE, OR MERGER Accept (Initial) Reject (Initial) Reject & Provide Alternative within RFP Response (Initial) NOTES/COMMENTS: Either Party may assign the contract upon mutual written agreement of the other Party. Such agreement shall not be unreasonably withheld. The Contractor retains the right to enter into a sale, merger, acquisition, internal reorganization, or similar transaction involving Contractor’s business. Contractor agrees to cooperate with the State in executing amendments to the contract to allow for the transaction. If a third party or entity is involved in the transaction, the Contractor will remain responsible for performance of the contract until such time as the person or entity involved in the transaction agrees in writing to be contractually bound by this contract and perform all obligations of the contract. CONTRACTING WITH OTHER NEBRASKA POLITICAL SUB-DIVISIONS Accept (Initial) Reject (Initial) Reject & Provide Alternative within RFP Response (Initial) NOTES/COMMENTS: The Contractor may, but shall not be required to, allow agencies, as defined in Neb. Rev. Stat. §81-145, to use this contract. The terms and conditions, including price, of the contract may not be amended. The State shall not be
5820%20Z1%20RFP.docx