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THIS REQUEST FOR PROPOSAL HAS BEEN CANCELLED
- Proposals to complete the work shall be submitted through the appointed online electronic platform only. Proposers are required to electronically submit documentation and verify proper state licensing with their proposals.
- Proposals must be submitted through LaMATS e-Auction Services (EASiBUY). In order to prequalify to submit bids electronically, registration at www.lamats.net/bidding and/or https://lamats.eauctionservice.com/login is required. Registration and submission of proposals electronically is at no cost.
- The awarded bidder(s) will be required to pay an electronic processing/administrative fee as described below. For any questions about this process, contact Frank Jackson at firstname.lastname@example.org or (769)798-6803.
Registration to Submit a Bid & Proposal is required to be completed by October 31, 2018. Bid and proposals will be submitted no later than 10:30 a.m. on
October 31, 2018 November 7, 2018 per Addendum #1. A pre-bid site visit is mandatory for all proposers. Unless an alternative date is scheduled by a proposer, the regular pre-bid site visit will be October 23rd at 2:00 p.m. Upon the close of acceptance of proposals, the names and status of proposers will be publicly read by Benjamin Franklin High School at 11:00 a.m., October 31, 2018, November 7, 2018 per Addendum #1 at the school’s main office located at: 2001 Leon C. Simon Drive, New Orleans, LA 70122.
GENERAL SCOPE OF WORK
- The purpose of the contract is to hire a Louisiana licensed electrical contractor to complete an electrical upgrade to the school’s football/soccer field to accommodate the future installation of lighting and other future components to be decided. The work will include, but is not limited to, the extension of underground electrical conduit and wiring from Entergy’s electric supply source approximately 30 yards to the areas on the playing field where lighting poles are expected to be placed. The work may also include installation of a step-down transformer, receptacle boxes at pole installation sites, electrical components and connectivity of service.
- The work does not include the installation or erection of electrical poles, lighting/lighting fixtures or connectivity from poles to the terminus of contractor’s receptacles. If determined necessary, the contractor shall be responsible for final connectivity to energize the lighting or any other future components installed. The contractor is responsible for identifying, and assisting with, securing all necessary permits, as well as identifying, locating, avoiding or mitigating any underground obstructions. The following additional description of the work required is provided:
- A. Additional Work Responsibilities
- (1) The future lighting contractor shall be responsible for providing the equipment and installation of a complete and operational system commencing from the secondary side of the service transformer and terminating at the safety disconnect within the electrical enclosure, 10’ above grade, on each lighting pole
- (2) The electrical contractor shall coordinate the transformer and switchgear locations, as well as identifying the voltage and phase of the service, with the local power company and the Owner’s representative before any equipment is installed.
- B. Electric Power Requirements for Sports Lighting Equipment:
- Electric power: 480 Volt, 3 Phase
- C. Maximum total voltage drop:
- Voltage drop to the disconnect switch located on the poles shall not exceed three (3) percent of the rated voltage.
- Contractors shall address all concerns or questions during the pre-bid site visit.
- If necessary, the pre-bid meeting concerns or questions will be incorporated into an addendum and will be published.
- Potential contractors should come prepared to take photos, draw sketches, take notes and to otherwise document what they observe and ascertain during the pre-bid meeting.
- Thereafter, a proposer’s representative may make additional visits to the site upon appointment prior to proposal submission.
- A sports lighting industry representative will be available at the pre-bid meeting to clarify any questions regarding LED sports lighting requirements as it pertains to the electrical contractor’s responsibilities.
- With their proposals, proposers shall submit drawings and/or illustrations showing where their work will commence and end, the paths all underground conduit will follow, and the location of (if applicable) of where all transformers, breakers, boxes, outlets, receptacles, and any other appurtenance are to be placed. Upon completion of the project, the contractor shall provide “as built” drawings for future reference by the school.
- The proposal should itemize all items and materials, including quantities, to be installed. The number of workers to be assigned to the job, and their classifications should be provided. The types of equipment required to complete the job should be listed.
- The proposal should generally outline the construction process to be employed and how many days it will take to complete the job once commenced.
Benjamin Franklin High School is responsible for and will solely evaluate all proposals to determine an award, if any, and to pay for the contracted services provided. The school reserves the right to cancel the solicitation if it determines the proposals submitted are not in the best interests of the school.
- Contractors must submit one “turnkey” price for construction, materials and labor, including the cost to obtain permits and for any sub-contractors necessary to complete the job. The school reserves the right to request best and final offers from any contractor it deems capable of receiving the award.
- Contractors should submit with their proposals their standard contract agreement offered to commercial end-users. The school will consider the contract but reserves the right to negotiate changes or alterations to the contract in any manner that is consistent with the terms, conditions and specifications comprising this solicitation.
- Unless provided otherwise, all contractors shall warrant their workmanship for a period of three years. Contractors shall, provide and assign to the school, all manufacturer warranties on all components incorporated into their work, which shall be a minimum of five (5) years on any component exceeding $1000.00 in cost (unless specifically waived or reduced by the school). The contractor shall agree to serve as the point of contact and as the servicing agent for any warranty claim or warranty work. In evaluating proposals, the school may take into consideration the contractors inability to provide the requested warranties or warranty service.
- Prior to executing a contract, the school shall determine whether or not a performance bond will be required. If it is determined that a performance bond is required, then the proposer will be allowed to add 3% to their total price bid.
Additional Contract Terms and Conditions may include:
- A. Initial site inspection: The contractor shall be presumed to have made a reasonable inspection of the premises prior to the time of bidding and shall be held responsible for all information available through such inspection. The contractor shall immediately upon discovery, bring to the attention of the owner any conflicts that may occur among the various provisions of the specifications and plans. The owner shall resolve such conflicts and shall be responsible for any costs reasonably incurred by the contractor due to such conflict. Failure of the contractor to bring conflicts or exceptions to the attention of the owner shall allow the owner to require any change deemed necessary before acceptance by the owner.
- B. Insurance Requirements:
- 1. Contractor’s and Subcontractor’s Insurance: The contractor shall not commence work under this contract until he has obtained all the insurance required under this paragraph and such insurance has been approved by the owner, nor shall the contractor allow any subcontractor to commence work on his sub-contract until the insurance required of the subcontract has been so obtained and approved.
- 2. Workman’s Compensation Insurance: The contractor shall procure and shall maintain during the life of the contract, Workman’s Compensation Insurance and Death Liability Insurance for all of the employees engaged in work on the project under the contract, and in case any such work is sublet, the contractor shall require the subcontractor similarly to provide Workman’s Compensation Insurance and Death Liability Insurance for all of the latter’s employees engaged in such work unless such employees engaged in hazardous work on the project under his contract are not protected under Workman’s Compensation Statute, the contractor shall provide and shall cause each subcontractor to provide adequate employer’s general liability insurance for the protection of such of his employees not otherwise protected.
- 3. Contractor’s Public Liability and Property Damage Insurance: The contractor shall procure and shall maintain during the life of this contract, Contractor’s Public Liability Insurance in an amount not less than $500,000 for injuries, including accidental death to any one person and subject to the same limit for each person in an amount not less than $500,000 on account of one accident, the Contractor’s Property Damage Insurance in an amount not less than $100,000 each occurrence and aggregate.
- 4. Subcontractor’s Public Liability and Property Damage Insurance: The contractor shall require each of his subcontractors to procure and to maintain during the life of his subcontract, Subcontractor’s Public Liability and Property Damage Insurance of the type specified in subparagraph 3 hereof in the amount specified.
- 5. Automobile Public and Property Damage Insurance: The contractor shall require each of his subcontractors to procure and to maintain during the life of his subcontract, Automobile Public Liability Insurance in an amount not less than $500,000 single limit for injuries, including accidental death and property damage. Insurance for automobiles shall include: the contractor’s owned automobiles and trucks, hired automobiles and trucks, and automobiles and trucks not owned by the contractor.
- C. Bonding: The successful contractor shall furnish a performance bond or cashier’s check in an amount equal to one hundred percent (100%) of the contract as security for the faithful performance of this contract, and a labor and material payment bond in an amount of one hundred percent (100%), or in the penal sum not greater than that prescribed by state, territory, or local law, as security for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract. The bonds shall be written by a surety licensed to do business in the locale in which the work is being performed and shall be satisfactory to the owner.
- The successful contractor shall, upon completion of the project, protect the owner against defective materials or faulty workmanship for a period of two (2) years. The contractor, at the owner’s request, shall furnish a maintenance bond for the above outlined maintenance term. This bond shall be in an amount not to exceed one hundred percent (100%) of the contract price.
- D. Codes, Permits and Licenses: All work shall comply with the applicable rules of the National Electrical Code, the National Electrical Safety Code, the National Fire Codes, (published by the National Fire Protection Association), state and local codes and ordinances, and the terms and conditions of the services of the electrical utility, as well as any other authorities that may have lawful jurisdiction pertaining to the work specified. None of the terms or provisions of this specification shall be construed as waiving any of the rules, regulations or requirements of these authorities. The contractor shall procure all necessary permits or licenses to carry out his work, and shall pay the lawful fee therefore, as well as for any inspection fee or the cost of a certificate of approval.
In any instance where these specifications call for materials for construction of a better quality or larger size than required by the codes, the provisions of these specifications shall take precedence. The codes shall govern in the case of direct conflict between the codes and the plans and the specifications.
EVALUATION OF PROPOSALS
- Benjamin Franklin High School reserves the right to negotiate final prices and configurations with those proposers most likely to be in a position to be awarded the contract, including the negotiation of best and final offers. It is the school’s intent to award the work to the contractor who scores the highest points in the areas of: responsibility; dependability; knowledge of how the project should be completed; appropriate licensing; warranties and lowest overall cost.
ELECTRONIC PROCESSING AND ADMINISTRATIVE FEE
- There shall be a 2% electronic processing and administrative fee payable by the contractor awarded the project based on the contractor’s final bid price. All proposers must take the electronic processing and administrative fee into consideration when providing price bids. Under no circumstances will a proposer be allowed to add or “tack” the electronic processing and administrative fee onto their final bid. Total price bid to be considered includes the electronic processing and administrative fee. The electronic processing and administrative fee is payable directly to EASiBuy at ATTN: LaMATS Purchasing Services, 700 North Tenth Street, Baton Rouge, LA 70802, by check, money order or cashier’s check within five (5) days of contract award. Failure to pay the fee will result in delay of the project or withholding of fees.
ADDENDA AND INTERPRETATIONS
- No interpretation of the meaning of the specifications or contract documents will be made orally to any Proposer. Every request for such interpretation should be in writing and emailed to Paul Holmes, LaMATS Procurement Consultant, email@example.com. To be given consideration, such requests must be received sufficiently prior to the date fixed for the opening of proposals to permit distribution of response to all proposers. Proposers shall not contact Benjamin Franklin High School personnel directly in regard to the solicitation. All questions must be directed through Francoise McHugh, Grants Administrator, Francoise McHugh firstname.lastname@example.org.
- All technical questions regarding registration, submittal of bids and use of the electronic bid platform shall be directed to Frank Jackson, EASiBUY, email@example.com.
Please note that by agreeing to these terms and conditions, you will be obligated to pay a transaction fee to EASiBuy LLC on purchases made through the resulting contract. Please read the terms and conditions provided carefully before proceeding.
EASiBuy BIDDER TERMS AND CONDITIONS
EASiBuy LLC (“EASi”) does not verify or validate any buyer information provided or representations made by users on the Solution, and makes no warranty of any kind to you concerning any buyer offerings using the Solution. You acknowledge EASi, its employees, agents and partners make no warranty of any kind, either express or implied, regarding the quality, accuracy or validity of any data and information available on the Solution, or residing or passing through its network, other than information and data that is provided directly to you from EASi. You further acknowledge any agreement entered into by you as the supplier of goods or services from a participating buyer is an agreement solely with such buyer, and EASi is in no way a party to or responsible for the performance of such agreement. Therefore: 1) EASi DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO ANY TRANSACTION ENTERED INTO BETWEEN A PARTICIPATING PERSON OR ENTITY AND A SUPPLIER, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR INTENDED USE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND 2) EASi FURTHER DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, CONCERNING INFORMATION SUPPLIED, OR REPRESENTATIONS MADE, BY ANY BUYER, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OR REPRESENTATION RELATING TO PRODUCT SUITABILITY, SPECIFICATIONS, OR REQUESTED AVAILABILITY, OR THE TRUTHFULNESS OR ACCURACY OF ANY OTHER INFORMATION OR REPRESENTATION MADE OR SUPPLIED BY A BUYER OR ANY OTHER SUPPLIER INVOLVED IN THIS AGREEMENT.
BY YOUR AGREEMENT BELOW, AND BY SUBSEQUENTLY USING THE SOLUTION, YOU AGREE TO COMPLY WITH ALL TERMS AND CONDITIONS SET FORTH BELOW AND WITH ALL INSTRUCTIONS FOR USE POSTED ON THE SOLUTION.
READ THIS AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE AGREEING. BY AGREEING, YOU WILL BE PERMITTED TO UTILIZE THE EASIBUY LLC (“EASI”) INTERNET-BASED STRATEGIC SOURCING SOLUTION (“SOLUTION”) FOR THE PURPOSE OF PARTCIPATING IN THIS ONE-TIME, ON-LINE BIDDING EVENT. YOU WILL BE ALLOWED TO RECEIVE REQUESTS FOR INFORMATION AND QUOTATIONS AND TO SUBMIT BIDS AND PROPOSALS NECESSARY IN PARTICIPATING IN THE ONLINE BIDDING EVENT. SHOULD YOU CHOOSE NOT TO AGREE TO THIS AGREEMENT PRIOR TO THE ON-LINE BIDDING EVENT, YOU WILL BE DENIED ACCESS TO THE SOLUTION AND THE BIDDING EVENT.
1. Utilization. You are granted a one-time, non-transferable, non-exclusive right to access the Solution through EASiBuy website by the use of a password(s) and/or access code(s) for the purpose of participating in a specific electronic online bid auction event. Any subsequent rights to access the Solution will require you to accept a new “Supplier Agreement Terms and Conditions”. EASi reserves the right to terminate your access to the Solution or any of its services at any time, if EASi shall determine, in its sole discretion, that you have violated any term(s) of this Agreement with respect to your access to and use of the Solution. In the event of such termination, EASi shall notify you immediately.
2. Responsibilities of the Parties. Subject to the terms and conditions of this Agreement, EASi will make available to you electronic access and use of the Solution for you to participate in a one-time, online bidding event. EASi will also provide such other assistance in the way of customer support and service as are set forth below. It is solely your responsibility when using the Solution to comply with all applicable local, state and federal statutes, ordinances, regulations, and policies governing the sales of goods or services by your company. EASi shall have no responsibility for ensuring sales of goods or services using the Solution will comply with such laws, ordinances, regulations, or policies. The Supplier, in using the system, has the responsibility for the sale including, but not limited to, the following:
- Accepting the terms and conditions of this agreement as contained in the Bid Package not less than 3 business days in advance of a scheduled event
- Selecting appropriate procurement opportunities to participate
- Preparing and assuring the completeness of any bids, quotes or proposals
- Submitting any bids, quotes or proposals electronically within the buyer established deadlines
- Maintaining with the Buyer, the security and the integrity of the bid procurement process
- Participating in any Pre-bid Conference(s) and telephonic tutorial for suppliers prior to an electronic event
- Compliance with all applicable legal requirements
- Establishing and adhering to the terms and conditions of buyer contracts
- Assuring proper authorization to enter into a contract and the proper administration of any resulting contract
As a supplier, you also acknowledge that EASi’s responsibilities are, but not limited to, the following:
- Clarifying bidding processes and timelines
- Hosting telephone tutorials with all suppliers on utilization of the electronic bid process
- Participating in any Pre-bid Conference(s)
- Conducting the electronic bid event and providing help desk support during the event
- Publishing appropriate results to the users and obtaining feedback from participants
3. Conduit Services Only. The Solution provides only an Internet conduit through which the following may take place: ( a ) you may communicate the availability of your goods and services to potential buyers, ( b ) potential buyers may communicate their procurement needs to you and ( c ) you may respond to requests for quotations, bids or proposals in online bidding events. You will be entitled only to respond to requests of potential buyers for quotations, bids or proposals if you have accepted the terms and conditions of the Supplier Agreement. EASi makes no representation of any kind concerning the reputation, reliability or any other matter concerning participating buyers. EASi recommends you conduct your own inquiries concerning the qualifications and reputation of buyers, and you must look only to the buyers with whom you choose to transact business for performance of any agreements with them.
4. Buyer Representations and Warranties. EASi does not verify the information supplied or representations made by buyers on the Solution and makes no warranty of any kind to you concerning any buyer using the Solution. EASi recommends you look solely to the buyer with respect to any buyer-related information, representations and warranties.
5. Coded Access. Participation in the online bid event is available only to persons and entities who have read and agreed to the terms of this Agreement and who have been assigned access code(s) and/or password(s). You agree not to divulge your access codes or passwords to any other person or entity. EASi is not responsible for such unauthorized use of the Solution.
6. Availability and Operation of the Solution. While every effort will be made to keep the Solution operating during all scheduled hours of operation, no guarantee of uninterrupted operation can be given. You agree the services provided on the Solution are provided as is and that neither you nor your business will have any claim against EASi as a result of any non-availability of the Solution at a particular time or times or any failure of the Solution to operate as intended.
7. Sole Remedy. If you are dissatisfied with the functionality of this Solution or the services EASi provides, your sole remedy is to cease using the Solution. YOU AGREE THAT YOU HAVE, AND WILL HAVE, NO CLAIM OR RIGHT OF ACTION OF ANY KIND AGAINST EASi RELATED TO YOUR USE OF THE SOLUTION.
8. Virus. You hereby agree EASi will not be liable for any harm that may be caused by the inadvertent or deliberate transmission of any malicious computer software, or such other computer program transmitted through its website from a third party.
9. Information You Provide. You agree any information you provide about yourself or your agents when registering to use the Solution is accurate, current and complete and you will maintain and update that information to ensure that it remains as such. If EASi suffers any claim or incurs any liability as a result of information entered into the Solution by users of your account, you and your business will indemnify EASi against such claim or liability including costs and attorneys fees incurred in defending against it.
10. Security. EASi uses industry-standard security measures to safeguard any information you may provide to us on our website. You, your organization and/or your agents have the responsibility to manage your internal security by safeguarding passwords and establishing your own internal security procedures, to assure the proper use of the Solution. In the event of any compromise in the security of the Solution, you agree to immediately report the same to EASi and a new password will be assigned for your use. EASi does not and cannot guarantee that information will remain secure.
11. Fees. The design, maintenance and operation of the Solution requires substantial costs and investment by EASi. Thus, a transaction fee (“Transaction Fee”) based on the total final purchase price stated upon award will be charged to the awarded supplier. The Transaction Fee for specific products and services for each event shall be owed by you and your company upon the execution of each awarded sale resulting from your submission of any request for quotations through this Solution. You hereby acknowledge that once you have viewed or received a request for quotation through or as a result of the Solution, and submitted an initial quotation of which a sale has ultimately been consummated as a result thereof, whether or not consummated through the Solution or other forms of bids or negotiations, you are obligated to pay the Transaction Fee to EASi if you are the awarded supplier. Said Fee will be assessed to the awarded supplier as follows.
Awarded Supplier Reporting and Payment Terms and Conditions: The Awarded Supplier will be responsible to pay the Transaction Fee of zero and a half (2%) percent of the total bid price to EASi for all transactions conducted with the Buyer, any of its political subdivisions or any other entity (the “Buying Agent”) resulting from this bidding event or subsequent contract.
Upon notification of award from the Buyer, the Awarded Supplier is required to provide ACH, credit card account payment information, or invoice billing details (“Preferred Transaction Fee Payment Method”) to EASI. Awarded Suppliers paying via credit card will be charged an additional credit card processing fee of 3% of the Transaction Fee. EASI will charge the Awarded Supplier via the Preferred Transaction Fee Payment Method based on the terms below:
One-Time Purchase Contracts: Upon delivery of product to Buying Agent for a One-Time Purchase, the Transaction Fee will be charged to your Preferred Transaction Fee Payment Method.
Term Purchase Contracts: For term or ongoing purchases, the Transaction Fee will be charged to your Preferred Transaction Fee Payment Method on the fifteenth of each month.
Construction Contracts: The Transaction Fee will be charged to your Preferred Transaction Fee Payment Method upon award of contract.
Audit Right: the Buying Agent and EASi reserve the right to audit the accuracy of the Transaction Fees. Audits shall be conducted during regular business hours, upon not less than fifteen (15) business day’s prior written notice, and in such a manner as not to unreasonably interfere with the Awarded Supplier’s normal business activities. Transaction Fees will be due immediately for any errors or omissions disclosed by any such audit. If, as a result of any such audit, Transaction Fees are determined to have been underpaid by more than five percent (5%) for the period audited, Awarded Supplier shall pay for the costs of such audit.
12. Disclosures. You acknowledge by using the Solution, you agree to provide EASi accurate and complete information regarding (a) any agreement entered into by you with a participating buyer through or as a result of any online bidding event conducted through the Solution; (b) the final price agreed upon between you and the participating buyer with respect to the product or service sold to such buyer, and © the date payment (whether a payment in full or a partial or installment payment) is delivered to you by any buyer pursuant to any agreement entered into by you with a participating buyer through or as a result of any online bidding event conducted through the Solution. You understand and acknowledge you are to provide this information to EASi immediately upon becoming aware of such information and EASi relies upon your delivery of such information for the calculation and payment of its fees as set forth in Section 11.
You acknowledge and agree the buyers conducting online bidding events through the Solution may be governmental or quasi-governmental entities, and that, prior to entering into any binding agreement with you for the purchase of any product or service, such buyers may be required to comply with numerous state and local laws, regulations and ordinances with respect to the procurement of goods and services by governmental entities. You acknowledge and agree such compliance by participating buyers may involve public notice, public hearings, counsel meetings, and other lengthy processes.
The information we receive depends on what you do when visiting the Solution. If you visit the Solution to read or download information, we collect and store only the following information about you: the name of the domain and host through which you access the Internet (for example, aol.com if you are connecting from an America Online account), and the date and time you access the Solution. We use this information to measure the number of visitors to different sections of the Solution, so that we can make the Solution more useful to our visitors. If you actively participate in using or providing any of the services offered through the Solution, we collect and store the personally identifiable information needed to facilitate this participation (typically your name, company name, mailing address, email address).
If you wish to use a link to another website or to do business with another user of the Solution, you may be asked by the other user to provide certain confidential information. You agree not to hold EASi responsible for any loss or damage of any sort incurred as a result of any such disclosure to another user through the Solution. We do not control the collection or use of this information, and make no representations about the privacy policies of other sites.
14. Reselling or Transfer. You agree not to resell or transfer your right to use the Solution to anyone, and you will not allow your access code or password to be used by any other company or unauthorized person.
15. Access to Internet. You agree that in order to use the Solution you must: (a) provide your own access to the Internet, and (b) provide all equipment necessary for you to make the connection to the Internet. EASi is not responsible for the speed, reliability and/or quality of your connectivity to the Internet.
16. Interference with Others. You agree not to use the Solution in a manner that would restrict or inhibit any other party’s use of such services.
17. Links to Other Sites. This Solution may link you to other sites on the Internet. These links are provided for your convenience but the sites to which the links connect are not under EASi’s control. You understand and agree that the linking of the system to other sites does not mean that these sites are endorsed by EASi, and EASi is not responsible for the legality, accuracy or any other aspect of the operation or content of any sites to which links are provided.
18. Copyright – How you May Use the Content of the Solution. The content of this Solution (the “Content”) is protected by intellectual property laws of both the United States and foreign jurisdictions. You may download, use, and copy the materials found on the Solution for your internal business use only, provided that all copies that you make of the material must bear any copyright, trademark, or other proprietary notice located on the Solution which pertains to the material being copied. This material is not for republication, except as authorized in this paragraph. You are not being granted a license under any copyright, trademark, patent, or other intellectual property right in the material or the services, processes, or technology described therein. All such rights are retained by EASi and/or any third party owner of such rights. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited. None of the Content, including any software, may be reverse engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means, resold, or redistributed without the prior written consent of EASi, except as described herein. Nothing in this paragraph prohibits you from printing, using or reproducing any records or reports of your transactions using the Solution.
19. Framed Links. You may not create framed links to the Solution without express written permission from EASi.
20. Modification. EASi, in its sole discretion, has the right to modify this Agreement at any time. Any modification is effective upon either posting notice of such modification on EASi’s website or upon notice by certified mail. Your continued use of the Solution following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modifications.
21. Non-Circumvention. You agree you will not, directly or indirectly, take any action with the Buyer or any other Suppliers involved in this specific event which circumvents or attempts to circumvent the intent or purpose of this Agreement. Further, you agree that once (1) you have agreed to the terms and conditions contained herein and 2) electronically viewed or received a specific request for quotations from a buyer through the Solution, you will not, directly or indirectly, enter into any agreement related to such specific request for quotations with such buyer outside the Solution or in any manner such as paper or verbal bids which would result in your failure to pay to EASi the fee set out in Section 11 hereof. You agree to maintain confidentiality between the Buyer, your company and its representatives and EASi regarding the submission of quotations and subsequent pricing before and during the online bidding event.
22. Governing Law. This Agreement and the rights of the parties to this Agreement shall be governed by and interpreted in accordance with the laws of the State of Ohio, without regard to or application of its conflict of laws principles.
23. Partial Enforceability. If any provision of this Agreement, or the application of any provision to any person, entity or circumstance shall be held invalid, illegal or unenforceable, then the remainder of this Agreement, or the application of that provision to persons, entities or circumstances other than those with respect to which it is held invalid, illegal or unenforceable, shall not be affected thereby.
24. Entire Agreement. This Agreement represents the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements, negotiations, correspondence, undertakings and communications between such parties representing such subject matter.
25. No Consequential Damages. Except as prohibited by law, each party hereto waives any right it may have to claim or recover any special, exemplary, punitive or consequential (including business interruption), or any damages other than, or in addition to, actual damages.
26. Headings. The headings in this Agreement have been included solely for ease of reference and shall not be considered in the interpretation or construction of this Agreement.
BY CHECKING THE “AGREE” BOX ON THE FORM PROVIDED YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ AND FULLY UNDERSTAND THE FOREGOING AND AGREE TO ABIDE BY ITS TERMS AND CONDITIONS IN THEIR ENTIRETY.
I understand that if “I Do Not Accept” the terms listed in this Agreement or if I do not respond to this Agreement, EASi cannot allow me or my company to participate in the online bid.-