Common use of Rights Reserved Clause in Contracts

Rights Reserved. In submitting this Bid, it is understood and agreed by bidder that the right is reserved by (Recipient) to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of [ninety (90)] days subsequent to the opening of bids, without the written consent of (Recipient). It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [ninety (90)] days after the bid opening without the written consent of (Recipient), shall refuse or be unable to enter into this Contract, as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material Payments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, he shall forfeit his bid security to the extent of (Recipient's) damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security therefor. It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check (excluding any income generated thereby which has been retained by (Recipient) as provided in [Item x "Bid Security" of the Instructions to Bidders]) shall prove inadequate to fully recompense (Recipient) for the damages occasioned by default, then the undersigned bidder agrees to indemnify (Recipient) and pay over to (Recipient) the difference between the bid security and (Recipient's) total damages, so as to make (Recipient) whole. The undersigned understands that any material alteration of any of the above or any of the material contained on this form, other than that requested will render the bid unresponsive. Performance and Payment Bonding Requirements (Construction) The Contractor shall be required to obtain performance and payment bonds as follows:

Rights Reserved. In submitting this Bid, it is understood and agreed by bidder that the right is reserved by (Recipient) to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of [ninety (90)] days subsequent to the opening of bids, without the written consent of (Recipient). It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [ninety (90)] days after the bid opening without the written consent of (Recipient), shall refuse or be unable to enter into this Contract, as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material Payments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, he shall forfeit his bid security to the extent of (Recipient's) damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security therefor. It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check (excluding any income generated thereby which has been retained by (Recipient) as provided in [Item x "Bid Security" of the Instructions to Bidders]) shall prove inadequate to fully recompense (Recipient) for the damages occasioned by default, then the undersigned bidder agrees to indemnify (Recipient) and pay over to (Recipient) the difference between the bid security and (Recipient's) total damages, so as to make (Recipient) whole. The undersigned understands that any material alteration of any of the above or any of the material contained on this form, other than that requested requested, will render the bid unresponsive. Performance and Payment Bonding Requirements (Construction) The Contractor shall be required to obtain performance and payment bonds as follows:

Rights Reserved. In submitting this Bidits bid, it is understood and agreed by bidder Contractor that the right is reserved by (Recipient) STA to reject any and all bids, or part of any bid, and it is agreed that the Bid bid may not be withdrawn for a period of [ninety (90)] ) days subsequent to the opening of bids, without the written consent of (Recipient)STA. It is also understood and agreed that if the undersigned bidder Contractor should withdraw any part or all of his its bid within [ninety (90)] ) days after the bid opening without the written consent of (Recipient)STA, shall refuse or be unable to enter into this Contract, as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material Payments Bonds, as provided aboveperformance and/or payment bond(s), or refuse or be unable to furnish adequate and acceptable insurance, as provided above, he Contractor shall forfeit his its bid security bond to the extent of (Recipient's) STA’s damages occasioned by such withdrawal, or refusal, or inability to enter into an agreementa Contract, or provide adequate security therefor. It is further understood and agreed that to the extent the defaulting bidderContractor's Bid Bond, Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check bid bond (excluding any income generated thereby which has been retained by (Recipient) STA as provided in [Item x "Bid Security" of the Instructions to Bidders]) shall prove inadequate to fully recompense (Recipient) STA for the damages occasioned by default, then the undersigned bidder Contractor agrees to indemnify (Recipient) STA and pay over to (Recipient) STA the difference between the bid security bond and (Recipient's) STA’s total damages, so as to make (Recipient) STA whole. The undersigned Contractor understands that any material alteration of any of the above or any of the material contained on this form, other than that requested requested, will render the bid unresponsive. Performance and Payment Bonding Requirements (Bonds - Construction) . The Contractor shall be required to obtain performance and payment bonds as follows:: Performance bonds. The penal amount of performance bonds shall be one hundred percent (100%) of the original Contract sum, unless FTA determines in writing that a lesser amount would be adequate for the protection of the Federal interest. The bond shall be issued by a fully qualified surety company acceptable to STA and listed as a company currently authorized under 31 CFR part 223 as possessing a Certificate of Authority as described thereunder. STA may require additional performance bond protection when the Contract sum is increased. The increase in protection shall generally equal one hundred percent (100%) of the increase in Contract sum. STA may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

Rights Reserved. In submitting this Bid, it is understood and agreed by bidder that the right is reserved by (Recipient) NYCDOT to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of [ninety (90)] days subsequent to the opening of bids, without the written consent of (Recipient)NYCDOT. It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [ninety (90)] days after the bid opening without the written consent of (Recipient)NYCDOT, shall refuse or be unable to enter into this Contract, as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material Payments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, he shall forfeit his bid security to the extent of (Recipient's) NYCDOT's damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security therefortherefore. It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, CashierXxxxxxx's Check, Treasurer's Check, and/or Official Bank Check (excluding any income generated thereby which has been retained by (Recipient) NYCDOT as provided in [Item x "Bid Security" of the Instructions to Bidders]) shall prove inadequate to fully recompense (Recipient) NYCDOT for the damages occasioned by default, then the undersigned bidder agrees to indemnify (Recipient) NYCDOT and pay over to (Recipient) NYCDOT the difference between the bid security and (Recipient's) XXXXXX's total damages, so as to make (Recipient) NYCDOT whole. The undersigned understands that any material alteration of any of the above or any of the material contained on this form, other than that requested will render the bid unresponsive. Performance and Payment Bonding Requirements (Construction) The Contractor shall be required to obtain performance and payment bonds as follows:

Rights Reserved. In submitting this Bid, it is understood and agreed by bidder that the right is reserved by (Recipient) to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of [ninety (90)] days subsequent to the opening of bids, without the written consent of (Recipient). It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [ninety (90)] days after the bid opening without the written consent of (Recipient), shall refuse or be unable to enter into this Contract, as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material Payments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, he shall forfeit his bid security to the extent of (Recipient's) damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security therefor. It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check (excluding any income generated thereby which has been retained by (Recipient) as provided in [Item x "Bid Security" of the Instructions to Bidders]) shall prove inadequate to fully recompense (Recipient) for the damages occasioned by default, then the undersigned bidder xxxxxx agrees to indemnify (Recipient) and pay over to (Recipient) the difference between the bid security and (Recipient's) total damages, so as to make (Recipient) whole. The undersigned understands that any material alteration of any of the above or any of the material contained on this form, other than that requested requested, will render the bid unresponsive. Performance and Payment Bonding Requirements (Construction) The Contractor shall be required to obtain performance and payment bonds as follows:.

Rights Reserved. In submitting this Bid, it is understood and agreed by bidder that the right is reserved by (Recipient) the City to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of [ninety (90)] days subsequent to the opening of bids, without the written consent of (Recipient)the City. It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [ninety (90)] days after the bid opening without the written consent of (Recipient)the City, shall refuse or be unable to enter into this Contract, as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material Payments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, he shall forfeit his bid security to the extent of (Recipient's) the City’s damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security therefor. It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, CashierXxxxxxx's Check, Treasurer's Check, and/or Official Bank Check (excluding any income generated thereby which has been retained by (Recipient) the City as provided in [Item x "Bid Security" of the Instructions to Bidders]) shall prove inadequate to fully recompense (Recipient) the City for the damages occasioned by default, then the undersigned bidder agrees to indemnify (Recipient) the City and pay over to (Recipient) the City the difference between the bid security and (Recipient's) the City's total damages, so as to make (Recipient) the City whole. The undersigned understands that any material alteration of any of the above or any of the material contained on this form, other than that requested requested, will render the bid unresponsive. Performance and Payment Bonding Requirements (Construction) The Contractor shall be required to obtain performance and payment bonds as follows:.

Rights Reserved. In submitting this Bid, it is understood and agreed by bidder that the right is reserved by (Recipient) to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of [ninety (90)] days subsequent to the opening of bids, without the written consent of (Recipient). It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [ninety (90)] days after the bid opening without the written consent of (Recipient), shall refuse or be unable to enter into this Contract, as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material Payments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, he shall forfeit his bid security to the extent of (Recipient's) damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security therefor. It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check (excluding any income generated thereby which has been retained by (Recipient) as provided in [Item x "Bid Security" of the Instructions to BiddersProposers]) shall prove inadequate to fully recompense (Recipient) for the damages occasioned by default, then the undersigned bidder agrees to indemnify (Recipient) and pay over to (Recipient) the difference between the bid security and (Recipient's) total damages, so as to make (Recipient) whole. The undersigned understands that any material alteration of any of the above or any of the material contained on this form, other than that requested requested, will render the bid unresponsive. Performance and Payment Bonding Requirements (Construction) The Contractor shall be required to obtain performance and payment bonds as follows:.

Rights Reserved. In submitting The University reserves, and in its sole discretion may, but shall not be required to, exercise the following rights and options with respect to the proposal submission, evaluation and selection process under this BidRFP: • To reject any proposal if, in the University’s sole discretion, the proposal is incomplete or is not responsive to the requirements of this RFP, the Respondent does not meet the Qualifications set forth in the RFP, or it is understood otherwise in the University’s best interest to do so; • To supplement, amend, substitute or otherwise modify this RFP at any time prior to selection of one or more respondents for negotiation or to cancel this RFP with or without issuing another RFP; • To accept or reject specific items or elements in any proposal and agreed by bidder that award a contract based only on such items or elements if it is deemed in the right is reserved by (Recipient) University’s best interest to do so; • To reject the proposal of any and all bidsrespondent that, in the University’s sole judgment, has been delinquent or unfaithful in the performance of any contract with the University, or part of is financially or technically incapable or is otherwise not a responsible respondent; • To waive any bidinformality, defect, non-responsiveness and/or deviation from this RFP and it its requirements that is agreed that not, in the Bid may not be withdrawn for a period of [ninety (90)] days subsequent University’s sole judgment, material to the opening proposal; • To permit or reject at the University’s sole discretion, corrections (including for information inadvertently omitted), of bids, without the written consent of (Recipient). It is also understood and agreed that if the undersigned bidder should withdraw any part proposals by some or all of his bid within [ninety (90)] days the respondents following proposal submission; • To request that some or all of the respondents modify proposals based upon the University’s review and evaluation; • To request additional or clarifying information or more detailed information from any respondent at any time, before or after proposal submission, including information inadvertently omitted by a respondent; • To inspect and otherwise investigate projects performed by the bid opening respondent, whether or not referenced in the proposal, with or without the written consent of (Recipient)or notice to the respondent; • To conduct such investigations with respect to the financial, shall refuse technical, and other qualifications of respondents as the University, in its sole discretion, deems necessary or be unable appropriate. • To enter into post-submission negotiations and discussions with any one or more respondents regarding price, scope of services, and/or any other term of their proposals, and such other contractual terms as the IUC-PG may require, at any time prior to execution of a final contract. The University may, at its sole election, enter into simultaneous, competitive negotiations with multiple respondents or negotiate with individual respondents seriatim. In the event negotiations with any respondent(s) are not satisfactory to the University, the University reserves the right to discontinue such negotiations at any time; to enter into or continue negotiations with other respondents; and, to solicit new proposals from entities that did not respond to this Contract, as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material Payments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, he shall forfeit his bid security to the extent of (Recipient's) damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security therefor. It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check (excluding any income generated thereby which has been retained by (Recipient) as provided in [Item x "Bid Security" of the Instructions to Bidders]) shall prove inadequate to fully recompense (Recipient) for the damages occasioned by default, then the undersigned bidder agrees to indemnify (Recipient) and pay over to (Recipient) the difference between the bid security and (Recipient's) total damages, so as to make (Recipient) whole. The undersigned understands that any material alteration of any of the above or any of the material contained on this form, other than that requested will render the bid unresponsive. Performance and Payment Bonding Requirements (Construction) The Contractor shall be required to obtain performance and payment bonds as follows:RFP.

Rights Reserved. It is expressly agreed that acceptance of this Restriction by DEP shall not express nor imply DEP approval of the adequacy of this or any other response action affecting the [Disposal Site][Portion of Disposal Site]. Acceptance of this Restriction shall not operate to bar, diminish, nor in any way affect any legal or equitable right of DEP to issue any future order with respect to the (select one) [Disposal Site][Portion of the Disposal Site] or in any way affect any other claim, action, suit, cause of action, or demand which DEP may have with respect to the [Disposal Site][Portion of the Disposal Site]. This Restriction shall become effective upon its recordation and/or registration with the appropriate Registry of Deeds and/or Land Registration Office. As this Restriction is a gift, no Massachusetts deed excise stamps are affixed hereto, none being required by law. WITNESS the execution hereof under seal this day of , 20 . [Name of Grantor] [COMMONWEALTH OF MASSACHUSETTS] [STATE OF ] , ss , 20 On this day of , 20 , before me, the undersigned notary public, personally appeared (name of document signer), proved to me through satisfactory evidence of identification, which were , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that (he) (she) signed it voluntarily for its stated purpose. (as partner for , a partnership) (as for , a corporation) (as attorney in fact for , the principal) (as for , (a) (the) ) (official signature and seal of notary) The undersigned Waste Site Cleanup Professional hereby certifies that [he][she] executed the AUL Opinion, dated , filed with the Department of Environmental Protection under Release Tracking No(s). , and attached hereto as Exhibit C and made a part hereof, and that in [his][her] Opinion this Restriction is consistent with the terms of said AUL Opinion. Date: [Name of LSP] [LSP SEAL ] Form 1072A: continued [COMMONWEALTH OF MASSACHUSETTS] [STATE OF ] , ss , 20 On this day of , 20 , before me, the undersigned notary public, personally appeared (name of document signer), proved to me through satisfactory evidence of identification, which were , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that (he) (she) signed it voluntarily for its stated purpose. (as partner for , a partnership) (as for , a corporation) (as attorney in fact for , the principal) (as for , (a) (the) ) (official signature and seal of notary) In submitting accordance with M.G.L. c. 21E, § 6, and the Massachusetts Contingency Plan (310 CMR 40.0000), the Commissioner of the Department of Environmental Protection hereby approves this BidGrant of Environmental Restriction (as to form only). Date: Commissioner Department of Environmental Protection Upon recording, it return to: Office of General Counsel Department of Environmental Protection Xxx Xxxxxx Xxxxxx Boston, MA 02108 Form 1072B SUBORDINATION AGREEMENT Disposal Site Name: DEP Release Tracking No.(s) , of (Town/City), County, (State), is understood the holder of a granted by to , dated , recorded with Registry of Deeds in Book , Page and/or registered with the Land Registration Office of Registry District as Document No. . xxxxxx assents to the Grant of Environmental Restriction granted by to the Department of Environmental Protection dated and agreed by bidder recorded with the Registry of Deeds in Book , Page , and/or registered with the Land Registration Office of _ Registry District as Document No. , and agrees that the right shall be subject to said Xxxxx and to the rights created by and under said Xxxxx insofar as the interests created under the affect the [Property] [Restricted Area] identified in the Grant and as if for all purposes said Xxxxx had been executed, delivered and recorded prior to the execution, delivery and recordation and/or registration of the . WITNESS the execution hereof under seal this day of _, 20 . Holder COMMONWEALTH OF MASSACHUSETTS , ss , 20 On this day of , 20 , before me, the undersigned notary public, personally appeared (name of document signer), proved to me through satisfactory evidence of identification, which were , to be the person whose name is reserved by (Recipient) to reject any and all bids, signed on the preceding or part of any bidattached document, and acknowledged to me that (he) (she) signed it is agreed that voluntarily for its stated purpose. (as partner for , a partnership) (as for , a corporation) (as attorney in fact for , the Bid may not be withdrawn principal) (as for , (a) (the) ) (official signature and seal of notary) [The execution of this Subordination Agreement by a period of [ninety secured lender and/or a fiduciary (90)] days subsequent to the opening of bidsas defined in M.G.L. c. 21E, without the written consent of (Recipient). It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [ninety (90)] days after the bid opening without the written consent of (Recipient), shall refuse or be unable to enter into this Contract, as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material Payments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, he shall forfeit his bid security to the extent of (Recipient's) damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security therefor. It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check (excluding any income generated thereby which has been retained by (Recipient) as provided in [Item x "Bid Security" of the Instructions to Bidders]) shall prove inadequate to fully recompense (Recipient§ 2) for the damages occasioned by defaultpurpose of subordinating its lien to said Xxxxx shall not render such secured lender or fiduciary an "owner" or "operator", then provided such secured lender and/or fiduciary shall not otherwise be an "owner" or "operator" within the undersigned bidder agrees meaning of § 2.] Upon recording, return to: Department of Environmental Protection Xxx Xxxxxx Xxxxxx Boston, MA 02108 Form 1075 Note: Pursuant to indemnify (Recipient) and pay over to (Recipient) the difference between the bid security and (Recipient's) total damages310 CMR 40.1074(5), so as to make (Recipient) whole. The undersigned understands that any material alteration upon transfer of any interest in or a right to use the property or a portion thereof that is subject to this Notice of Activity and Use Limitation, the above Notice of Activity and Use Limitation shall be incorporated either in full or by reference into all future deeds, easements, mortgages, leases, licenses, occupancy agreements or any other instrument of transfer. Within 30 days of so incorporating the material contained on this formNotice of Activity and Use Limitation in a deed that is recorded or registered, other than that requested will render the bid unresponsive. Performance and Payment Bonding Requirements (Construction) The Contractor a copy of such deed shall be required submitted to obtain performance the Department of Environmental Protection. [CONFIRMATORY] NOTICE OF ACTIVITY AND USE LIMITATION M.G.L. c. 21E, § 6 and payment bonds 310 CMR 40.0000 Disposal Site Name: DEP Release Tracking No.(s): This [Confirmatory] Notice of Activity and Use Limitation ("Notice") is made as follows:of this day of , 20 , by [Name and address of property owner(s)], together with his/her/its/their successors and assigns (collectively "Owner").

Rights Reserved. In submitting this Bid, it is understood and agreed by bidder that the right is reserved by (Recipient) the Owner to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of [ninety (90)] days subsequent to the opening of bids, without the written consent of (Recipient)the Owner. It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [ninety (90)] days after the bid opening without the written consent of (Recipient)the Owner, shall refuse or be unable to enter into this Contract, as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material Payments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, he shall forfeit his bid security to the extent of (Recipient's) the Owner’s damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security therefor. It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, CashierXxxxxxx's Check, Treasurer's Check, and/or Official Bank Check (excluding any income generated thereby which has been retained by (Recipient) the Owner as provided in [Item x "Bid Security" of the Instructions to Bidders]) shall prove inadequate to fully recompense (Recipient) the Owner for the damages occasioned by default, then the undersigned bidder agrees to indemnify (Recipient) the Owner and pay over to (Recipient) the Owner the difference between the bid security and (Recipient's) Owner's total damages, so as to make (Recipient) Owner whole. The undersigned understands that any material alteration of any of the above or any of the material contained on this form, other than that requested requested, will render the bid unresponsive. Performance and Payment Bonding Requirements (Construction) The Contractor shall be required to obtain performance and payment bonds as follows:.