Utah Admin. Code R926-16-9 - Rights Related to Proposals; Release of Rights and Indemnification
(1) A Submitter of an unsolicited proposal
will 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 an unsolicited proposal, a Submitter 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
Submitter 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 Submitter must include in the proposal an indemnity that holds the
state harmless against any such claim made by any entity that is a member of
the Submitter's proposal team, including their agents, employees, and
assigns.
(3) The waiver and release
of rights in this section do not apply to a Submitter's rights in any
documents, designs and other information and records that are otherwise
classified as protected records under Sections
63G-2-305 and
63G-2-309.
Notes
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