1.2.1 Contract Administration and Conditions 1.2.1.1 The winning Respondent will be required to execute a contract in the form of a University of Maine System Master Agreement, which is attached to this response as Appendix D. The Master Agreement initial term and renewal periods are reflected in Section 2 of Appendix D, Master Agreement, and are subject to continued availability of funding and satisfactory performance. The Master Agreement entered into by the parties shall consist of the University of Maine System Master Agreement (attached to this document), the RFP, the selected Respondent’s submission, including all appendices or attachments and clarifications, the specifications including all modifications thereof, and a Purchase Order or Letter of Agreement requiring signatures of the University and the Contractor, all of which shall be referred to collectively as the Agreement Documents. In the event of a conflict of terms the following precedence will apply: 1. University of Maine System Master Agreement 2. Agreement Riders as required 3. Contract Amendments (as required) 4. The University’s RFP 5. Respondent’s Submission 6. Purchase Order or Letter of Agreement 1.2.1.2 Modification of Agreement terms and conditions is permitted except that the University, due to its public nature, will not: a. Provide any defense, hold harmless or indemnity; b. Waive any statutory or constitutional immunity; c. Apply the law of a state other than Maine; d. Procure types or amounts of insurance beyond those UMS already maintains or waive any rights of subrogation. e. Add any entity as an additional insured to UMS policies of insurance; f. Pay attorneys' fees, costs, expenses or liquidated damages; g. Promise confidentiality in a manner contrary to Maine's Freedom of Access Act; h. Permit an entity to change unilaterally any term or condition once the contract is signed; i. Accept any references to terms and conditions, privacy policies or any other websites, documents or conditions referenced outside of the contract; or j. Agree to automatic renewals for term(s) greater than monthto-month.
