Business Submittal Requirements

BUSINESS SUBMITTAL REQUIREMENTS

This Business Submittal Requirements Agreement (the Agreement) is entered into as of Effective Date: by and between the parties identified below.

Recitals

WHEREAS, Company seeks to establish definitive submittal and documentation requirements for the Project identified in this Agreement and to secure formal submittals from Contractor demonstrating Contractor's qualifications, compliance, and proposed approach; and

WHEREAS, Contractor represents that it possesses the experience, financial capacity, licenses, insurance, and personnel to prepare and deliver the required submittal materials and to perform any subsequent contract obligations if selected; and

WHEREAS, the Parties intend that compliance with the procedures and materials described herein shall be a condition precedent to Company’s consideration of Contractor's proposal and, where applicable, to award or negotiation of a subsequent work agreement.

Scope of Work (Submittal Content)

Contractor shall submit a comprehensive written submission addressing the matters below. The submission must be complete, signed by an authorized representative, and shall include the elements enumerated in the checklist and any additional materials expressly requested by Company.

Submittal Checklist

The following items are required as part of the submission. Check all items included and provide any requested detail fields.

Payment Terms

If this submittal results in an executed agreement or purchase order, payment shall be made in accordance with the following terms unless expressly modified in a subsequent fully executed written agreement.

Late Payment: In the absence of a negotiated provision to the contrary, past-due amounts shall incur interest at the rate of or the maximum rate permitted by law, and Contractor may suspend performance following ten (10) days’ written notice if amounts remain unpaid.

Term and Termination

This Agreement shall commence on Start Date: and shall continue until End Date: unless earlier terminated as provided herein.

Either Party may terminate this Agreement for convenience upon providing Notice Period: days’ prior written notice. Either Party may terminate for material breach if the breaching party fails to cure a breach within thirty (30) days after written notice specifying the breach, or immediately for non-curable breaches such as fraud or willful misconduct.

Confidentiality

All information exchanged in connection with the submittal process that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (Confidential Information) shall be held in confidence by the receiving party. Receiving party shall not disclose Confidential Information to third parties except to its employees, agents, or subcontractors who have a need to know and who are bound by confidentiality obligations no less protective than those herein. Confidential Information does not include information that (a) is or becomes publicly available without breach, (b) is rightfully received from a third party without restriction, (c) was already known to the receiving party, or (d) is independently developed without use of the disclosing party's Confidential Information.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of laws principles. The parties submit to the exclusive jurisdiction of state and federal courts located in that State for disputes arising under this Agreement.

Certifications and Representations

By signing below, Contractor certifies that the information provided in the submittal is true and accurate to the best of its knowledge, that Contractor is authorized to submit these materials, and that Contractor complies with all applicable federal, state, and local laws, ordinances, regulations, and licensing requirements.

Entire Agreement

This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, proposals, representations, and communications, whether written or oral. Any modification to this Agreement must be in writing and signed by both Parties.

Execution of this document by both Parties constitutes acknowledgement of the submittal requirements and agreement to the terms set forth herein. Submission of materials by Contractor does not obligate Company to enter into a contract with Contractor.

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