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LoRa Alliance_Sample RFP for LoRaWAN Smart Metering 2024-04-13

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25 Should an offeror object to any of the [DISTRICT]'s terms and conditions, as contained in this section, that offeror must propose specific alternative language. The [DISTRICT] may or may not accept the alternative language. General references to the offeror's terms and conditions or attempts at complete substitutions are not acceptable to [COMPANY] and will result in disqualification of the offeror's proposal. 13. Offeror's Terms and Conditions Offerors must submit with the proposal a complete set of any additional terms and conditions which they expect to have included in a contract negotiated with [COMPANY]. 14. Contract Deviations Any additional terms and conditions that may be the subject of negotiation will be discussed only between [COMPANY] and the selected offeror and shall not be deemed an opportunity to amend the offeror's proposal. 15. Insurance Requirements Until final acceptance by the [COMPANY] of the Work, the contractor shall procure and maintain, at contractor's own expense, insurance. This insurance shall protect the contractor from claims under the Workers' Compensation Act and such comprehensive general liability and automobile insurance as will protect [COMPANY] and the contractor from all claims for bodily injury, death, or property damage which may arise from the performance by the contractor, or by the contractor's employees, or by subcontractors for the contractor's function and services required. All insurance provided shall remain in full force and effect for the entire period of the professional services' work, up to and including final acceptance, and the removal of all equipment and employees, agents, and subcontractors therefrom. Certificate of Insurance The contractor being awarded the contract shall furnish evidence of contractor's insurance coverage by a Certificate of Insurance executed on a form acceptable to the [COMPANY], to be made a part of the contract and included with the contract documents prior to signing the contract. Such a certificate shall indicate compliance with these specifications and shall certify that the coverage shall not be changed, canceled, or allowed to lapse without giving the OWNER thirty (30) days' written notice. Also, a Certificate of Insurance shall be furnished to the COMPANY on renewal of a policy or policies as necessary during the terms of the contract. The COMPANY shall not issue a Notice to Proceed until such time as the above requirements have been met. 16. Right to Waive Minor Irregularities The general manager reserves the right to waive minor irregularities. The general manager also reserves the right to waive mandatory requirements provided that all of the otherwise responsive proposals failed to meet the mandatory requirements and/or doing so does not otherwise materially affect the procurement. This right is at the sole discretion of the general manager.

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