Utah Admin. Code R926-10-16 - Rights Related to Proposals; Release of Rights and Indemnification
(1) A proposer, whether unsolicited or
solicited, shall not obtain any claim, or have any right or expectation to use
any route, corridor, rights of way, public property or public facility by
virtue of having submitted a proposal that proposes to use such route,
corridor, rights of way, public property or public facility or otherwise,
involves or affects such. By submitting a proposal, a proposer thereby waives
and relinquishes any claim, right, or expectation to occupy, use, profit from,
or otherwise exercise any prerogative with respect to any route, corridor,
rights of way, public property or public facility identified in the proposal as
being necessary for or part of the proposed project.
(2) By submitting such a proposal, a proposer
thereby waives and relinquishes any right, claim, copyright, proprietary
interest or other right in any proposed location, site, route, corridor, rights
of way, alignment, or transportation mode or configuration identified in the
proposal as being involved in or related to the proposed project, and proposer
shall include in the proposal an indemnity that shall hold the state harmless
against any such claim made by any entity that is a member of the proposer's
proposal team, including their agents, employees and assigns.
(3) The waiver and release of rights in this
section do not apply to a proposer's rights in any documents, designs and other
information and records that are otherwise classified as protected records
under GRAMA.
Notes
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