RFQ Governing Provisions
By submitting a response to this RFQ, respondent represents that it is authorized to submit a response and explicitly agrees and accepts the following provisions of this RFQ and all other terms and conditions set forth in this RFQ.

Right to Accept or Reject This RFQ
This not an agreement to purchase goods or services. Energy Trust is not bound to enter into a contract with any qualified respondent. Energy Trust reserves the right to modify the terms of this RFQ at any time in its sole discretion. This includes the right to cancel or revise this RFQ at any time. Further Energy Trust reserves the right to waive any nonconformity in submissions received, to accept or reject any or all of the items in the submission, and award any ultimate contract in whole or in part as it is deemed in Energy Trust’s best interest. No verbal agreement or conversation made or had at any time with any officer, agent, or employee of Energy Trust, nor any oral representation by such party shall add to, detract from, affect or modify the terms of the RFQ, unless specifically included in a written addendum issued by Energy Trust

Ownership of Responses
All materials submitted in response to this RFQ shall become the property of Energy Trust and shall not be returned to the respondent.

Confidentiality
Respondents shall clearly identify those proprietary portions of their responses that they do not want revealed to third parties and label such portions as “Confidential Information.” Except as required under Energy Trust policy, law or for regulatory purposes, Energy Trust will maintain confidentiality of such information

Respondent Expenses
Respondents are solely responsible for their own expenses in preparing a response and for any subsequent negotiations. Energy Trust will not be liable to any Respondent for any claims, whether for costs or damages incurred by the respondent in preparing the response, loss of anticipated profit in connection with any final contract or any other matter whatsoever.

Selection Criteria
Pool selection will be the sole responsibility of Energy Trust and will be undertaken at the sole discretion of Energy Trust. Entries may be eliminated from consideration at Energy Trust’s sole discretion for any reason, but at a minimum, including by not limited to:
• The qualifications, strengths or experiences do not align with the objectives and requirements of this RFQ.
• The qualifications are inconsistent with Energy Trust policies or requirements.
• A conflict of interest exists.
• Reasonable cost
• Experience and approach to projects and services with focus on diversity, equity and inclusion

Waiver of Claims
Respondent waives any right it may have to bring any claim, whether in damages or equity, against Energy Trust, Energy Trust Board of Directors or any of Energy Trust’s agents, employees or contractors, with respect to any matter arising out of any process associated with this RFQ.