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"Confidential" and the City may publically disclose such material without any liability whatsoever to <br /> proposer. <br /> F. Indemnification by Proposer <br /> To the extent that the City withholds from disclosure all or any portion of proposer's material marked <br /> "CONFIDENTIAL",the proposer, by submitting an proposal in response to this RFP,agrees to indemnify, <br /> defend and hold harmless the City of Everett from all lawsuits, liabilities, losses, damages, penalties, <br /> attorneys'fees and costs the City incurs arising from or relating to such withholding from disclosure. <br /> G. Consent to Procedure <br /> Proposers, by submission of materials marked "CONFIDENTIAL", acknowledge and agree that the City will <br /> have no obligation to advocate for nondisclosure in any forum and has no liability whatsoever to any <br /> proposer for the disclosure of any material or record of any kind when that disclosure is in accordance <br /> with applicable law or in accordance with an order applying applicable law entered by the Snohomish <br /> County Superior Court or a Washington appellate court. By submitting a proposal,the proposer consents <br /> to the procedure in this Section as its sole remedy and waives and releases all claims against the City <br /> arising from the City's actions taken in accordance with this procedure. <br /> 1.14 RESPONSE PROPERTY OF THE CITY OF EVERETT <br /> All materials submitted in response to this request become the property of the City of Everett.Selection <br /> or rejection of a response does not affect this right. <br /> 1.15 NO OBLIGATION TO BUY <br /> The City of Everett reserves the right to refrain from contracting with any supplier.The release of this <br /> Request for Proposal does not compel the City of Everett to purchase. <br /> 1.16 COST OF PREPARING PROPOSALS <br /> The City of Everett is not liable for any costs incurred by suppliers in the preparation and presentation of <br /> proposals and demonstrations submitted in response to this Request for Proposal. <br /> 1.17 COOPERATIVE PURCHASING <br /> RCW 39.34 allows cooperative purchasing between public agencies also called political subdivisions. <br /> Public agencies which have filed an Intergovernmental Cooperative Purchasing Agreement with the City of <br /> Everett and which are actively participating may purchase from City of Everett contracts, provided that <br /> the Supplier has agreed to such participation. Each Supplier must indicate on the quote submittal form if <br /> he will honor other public agency orders in accordance with contract terms and conditions in addition to <br /> orders from the City of Everett.The City of Everett does not accept any responsibility for purchase orders <br /> issued by other public agencies. <br /> 7 <br />