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7 <br />from disclosure of the material marked “CONFIDENTIAL,” then the proposer will be deemed to <br />have consented to the public disclosure of the material marked “Confidential,” and the City may <br />publicly disclose such material without any liability whatsoever to proposer. <br />6. Indemnification by Proposer <br />To the extent that the City withholds from disclosure all or any portion of the proposer’s <br />material marked “CONFIDENTIAL,” the proposer, by submitting a proposal in response to this <br />RFP, agrees to indemnify, defend, and hold harmless the City of Everett from all lawsuits, <br />liabilities, losses, damages, penalties, attorneys’ fees and costs the City incurs arising from or <br />relating to such withholding from disclosure. <br />7. Consent to Procedure <br />Proposers, by submission of materials marked “CONFIDENTIAL,” acknowledge and agree that <br />the City will have no obligation to advocate for nondisclosure in any forum and has no liability <br />whatsoever to any proposer for the disclosure of any material or record of any kind when that <br />disclosure is in accordance with applicable law or in accordance with an order applying <br />applicable law entered by the Snohomish County Superior Court or a Washington appellate <br />court. By submitting a proposal, the proposer consents to the procedure in this Section as its <br />sole remedy and waives and releases all claims against the City arising from the City’s actions <br />taken in accordance with this procedure. <br />2.6 NO OBLIGATION TO BUY <br />The City of Everett reserves the right to refrain from contracting with any proposer. The release of this <br />RFQ does not compel the City of Everett to purchase. <br />2.7 COST OF PREPARING STATEMENTS <br />The City of Everett is not liable for any costs incurred by proposers in the preparation and presentation <br />of statements and demonstrations submitted in response to this RFQ. <br />2.8 CONDITIONAL COMMITMENT OF FUNDS <br />Notwithstanding any provision of this RFQ, by submission of a proposal, the proposer agrees and <br />acknowledges that this RFQ does not constitute a commitment of funds or site approval. <br />2.9 PROTESTS <br />All protests regarding this RFQ are governed by EMC 3.46 “Bid Protest Procedures.” <br />