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If a Respondent believes any nonpublic information will be supplied in response to this RFQ, it must take reasonable steps to identify and provide reasonable justification to Owner regarding which data, if any, falls within an applicable exception under the Minnesota Government Data Practices Act. However, the Respondent agrees as a condition of submitting a Qualifications Submittal Package or a proposal that Owner will not be held liable or accountable for any loss or damage which may result from a breach of confidentiality or other disclosure as may be related to the submitted documents. The Respondent agrees, by submitting a Qualifications Submittal Package or proposal, to indemnify Owner from any liability resulting from any and all third-party claims and/or losses which may arise as a result of the disclosure of, or failure to disclose, information. Disposition of RFQ and RFP Responses All materials submitted in response to this RFQ and RFP will become property of Owner and will become a public record in accordance with Minnesota Statutes, Section 13.591, after the evaluation process is completed. Owner will not consider the prices submitted by a Respondent to be trade secret materials. Rights Reserved by Owner Notwithstanding anything to the contrary, Owner reserves the right to: Negotiate any aspect of a proposal with any Respondent and negotiate with more than one Respondent. Select for CMaR contract negotiation a proposal that is not the lowest cost. Terminate negotiations with the highest scoring CMaR candidate if contract negotiation impasse is reached and negotiate with the next highest-scored Respondent, terminate this process and prepare a new RFQ and RFP, or take such other action as Owner deems appropriate if negotiations fail to result in a successful contract. Add subsequent or withdraw or reduce work packages to or from the CMaRÓs contract when they are defined and funded. Qualifications and RFP Submittal Content The contents of responses to this RFQ and RFP of the selected CMaR will become contractual obligations, along with the final contract. Organizational Conflict of Interest The Respondent warrants that, to the best of its knowledge and belief, and except as otherwise disclosed, there are no relevant facts or circumstances which could give rise to organizational conflicts of interest. An organizational conflict of interest exists when, because of existing or planned activities or because of relationships with other persons or organizations: A Respondent is unable, or potentially unable, to render impartial assistance or advice to Owner; The RespondentÓs objectivity in performing the work is or might be otherwise impaired; The Respondent has an unfair competitive advantage. 17 Qbhf!2:9!pg!:15