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w <br />. <br />PRRIP - ED OFFICE DRAFT 11/03/2008 <br />131 years. At the end of that period, contractors will need to resubmit for prequalification or inform <br />132 the ED Office that they are no longer interested in providing services to the Program. <br />133 <br />134 IV. PROGRAM PERSPECTIVE <br />135 The Governance Committee of the Program has the sole discretion and reserves the right to <br />136 reject any and all prequalification requests received in response to this solicitation and to cancel <br />137 this solicitation if it is deemed in the best interest of the Program to do so. Issuance of this <br />138 request in no way constitutes a commitment by the Program to award a contract, or to pay <br />139 contractor's costs incurred either in the preparation of a response to his solicitation. The Program <br />140 also reserves the right to request clarification, supplements, and additions to the information <br />141 provided by a contractor. <br />142 <br />143 By submitting a proposal in response to his solicitation, contractors understand and agree that <br />144 any prequalification of a contractor or any decision to reject any or all responses or to establish <br />145 no contracts shall be at the sole discretion of the Program. To the extent authorized by law, the <br />146 contractor shall indemnify, save, and hold harmless the Nebraska Community Foundation, the <br />147 states of Colorado, Wyoming, and Nebraska, the Department of the Interior, members of the <br />148 Governance Committee, and the Executive Director's Office, their employees, employers, and <br />149 agents, against any and all claims, damages, liability, and court awards including costs, expenses, <br />150 and attorney fees incurred as a result of any act or omission by the contractor or its employees, <br />151 agents, subcontractors, or assignees pursuant to the terms of this solicitation. Additionally, by <br />152 submitting a prequalification form, contractors agree that they waive any claim for the recovery <br />153 of any costs or expenses incurred in preparing and submitting said form. <br />154 <br />Page 4 of 4