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will be incorporated to the RFP. The City will NOT be responsible for any oral instructions, clarifications, or other communications. 1.11 DISQUALIFICATION The City reserves the right to disqualify responses before or after the submission deadline, upon evidence of collusion with intent to defraud or other illegal practices on the part of the Proposer. The City also reserves the right to waive any immaterial defect or informality in any responses to this RFP; to reject any or all responses in whole or in part; or to reissue an RFP for the services described herein. ' 1.12 SUBMISSION RECEIPT Sealed responses will be accepted in accordance with the instructions detailed on the cover of this RFP. The Proposer shall file all documents necessary to support its response and shall include them with its Proposal. Each Proposer shall be responsible for the actual delivery of responses during business hours to the exact address indicated in this RFP. The City reserves the right to accept or not accept late submitted proposals in the sole discretion of the City Manager or his designee. 1.13 CAPIT AL EXPENDITURES The selected Proposer understands that any capital expenditures that the selected Proposer makes, in order to perform the services required in this RFP is a business risk. The City, however, is not and shall not payor reimburse any capital expenditures or any other expenses, incurred by any Proposer, in anticipation either of a contract award or to maintain the approved status of the selected Proposer if a contract is awarded. 1.14 HOLD HARMLESS AND INDEMNIFICATION All Proposers shall hold the City, its officials and employees harmless and covenant not to sue the City, its officials and employees in reference to their decisions to reject, award, or not award a RFP, as applicable. Additionally, the selected Proposer shall indemnify, defend and save harmless the City, its officers, 'agents and employees, from or on account of any injuries or damages, received or sustained by any person or persons during or on account of the Proposer's performance of its services under this RFP, or by or in consequence of any negligence (excluding the sole negligence of City), in connection with the same; or by use of any improper materials or by or on account of any act or omission of the said selected Proposer or his Sub-Proposer, agents, servants or employees. The selected Proposer shall indemnify, defend and hold harmless the City and their agents or employees from and against all claims, damages, losses and expenses including attorneys' fees arising out of or resulting from the performance of the work described in the RFP, provided that any such claim damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than work itself) including the loss of use resulting wherefrom and (b) is caused in whole or in part by any negligent act or omission of the selected Proposer, Sub-Proposer, anyone directly or indirectly employed by any of them 9