Laserfiche WebLink
RFP 081411 6.1 .B. - Page 35 <br /> G. CONFIDENTIAL INFORMATION <br /> 9.13 If a Proposer wishes to withhold any part of its proposal from public inspection, then a statement <br /> advising the NJPA of this fact shall accompany the submission. NJPA shall review the statement to <br /> determine whether the information shall be withheld. If NJPA determines to disclose the information, the <br /> Executive Director of NJPA shall inform the Proposer, in writing, of such determination prior to award of <br /> Contract to Proposer. <br /> H. DATA PRIVACY <br /> 9.14 Proposer agrees to abide by all applicable STATE and FEDERAL laws and regulations including <br /> HIPPA concerning the handling and disclosure of private and confidential information regarding <br /> individuals. Proposer agrees to hold NJPA harmless from its unlawful disclosure and/or use of <br /> private/confidential information. <br /> I. ENTIRE AGREEMENT <br /> 9.15 The Contract, as defined herein, shall constitute the entire understanding between the parties to that <br /> Contract. <br /> 9.16 A Contract resulting from this RFP is formed when the NJPA Board of Directors approves and signs <br /> the applicable Acceptance and Award Form document(see Form D). <br /> J.FORCE MAJEURE <br /> 9.17 Except for payments of sums due, neither party shall be liable to the other nor deemed in default <br /> under this Contract if and to the extent that such party's performance of this Contract is prevented due to <br /> force majeure. The term "force majeure" means an occurrence that is beyond the control of the party <br /> affected and occurs without its fault or negligence including, but not limited to, the following: acts of <br /> God, acts of the public enemy, war, riots, strikes, mobilization, labor disputes, civil disorders, fire, flood, <br /> snow, earthquakes, tornadoes or violent wind, tsunamis, wind shears, squalls, Chinooks, blizzards, hail <br /> storms, volcanic eruptions, meteor strikes, famine, sink holes, avalanches, lockouts, injunctions- <br /> intervention-acts, terrorist events or failures or refusals to act by government authority and/or other <br /> similar occurrences where such party is unable to prevent by exercising reasonable diligence. The force <br /> majeure shall be deemed to commence when the party declaring force majeure notifies the other party of <br /> the existence of the force majeure and shall be deemed to continue as long as the results or effects of the <br /> force majeure prevent the party from resuming performance in accordance with a Contract resulting from <br /> this RFP. Force majeure shall not include late deliveries of products/services caused by congestion at a <br /> manufacturer's plant or elsewhere, an oversold condition of the market, inefficiencies, or other similar <br /> occurrences. If either party is delayed at any time by force majeure, then the delayed party shall notify <br /> the other party of such delay within forty-eight(48)hours. <br /> K. GRATUITIES <br /> 9.18 NJPA may cancel this Contract by written notice if it is found that gratuities, in the form of <br /> entertainment, gifts or otherwise, were offered or given by the Proposer/Vendor or any agent or <br /> representative of the Proposer/Vendor, to any employee of the NJPA are deemed to be excessive with a <br /> view toward securing a contract or with respect to the performance of this Contract. <br /> L. HAZARDOUS SUBSTANCES <br /> 9.19 Proper Material Safety Data Sheets (MSDS), in compliance with OSHA's Hazard Communication <br /> Standard,must be provided by the Vendor to NJPA or NJPA Member at the time of purchase. <br /> 32 of 47 <br />