4.6. ERMUSR 05-11-2010 - Laserfiche WebLink

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surce lnnin Coalition articitin reeent dated ay 1, 1 Phase Z RFP process. The intent of this provision is ~® prevent withdrawal from the Coalition as a back door means of increasing the Participant's share of a "limited resource" as described in subparagraph ~c} below. However, this prevision is not intended to preclude a Participant from contracting directly with the supplier after the Coalition determines the pro rata shares of available resources. c. Allocation of Limited Resources. The Coordinating Committee shall determine in advance of receiving Phase 2 responses from suppliers how Phase 2 RFP results will be allocated among the Phase 2 Participants in the event the results of the RFP process offer total resources in quantities smaller than the total identified a~~re~ate need of the Coalition for such resources. d. Allocation of Surplus Resources. 1} In the event where a Participant in the RFP withdraws from the RFP or otherwise declines to accept its share of resource available offered bythe selected supplier for exannple, per subparagraph fie} below, and such withdrawal results in a surplus of resource offered compared to the remaining Participants' total expressed need, then the Coordinating Committee shall make the surplus available to the ren~ainin~ Participants in accordance with their pro rata shares of their total need as expressed in the RFP. If one or more of the remaining Participants decline to increase their take from the resource offered in this manner, the process will continue until either the offered resource is fully subscribed, or a porn®n of the resource remains unsubscribed. Z~ In the event that desired resources are affered by a selected supplier via the RFP in quantities in excess of the Participants' needs after all Participants have had the opportunity to select them per subparagraph ~1}, above, the Coalition Committee nay decide to offer that surplus to third parties outside the Coalition if that would be in the Coalition's best interest. e. No Qbli~ation to Select Resources. No Participant shaii be compelled to select and participate in any of the resources offered by suppliers as a result of the planning and request for proposal processes performed by the Coalition. Each Participant retainstheir own sole and exclusive rightto select or sotto select resources f®r their own system and customers. ~.o Confidentiality, The Participants will complete a mutual confidentiality ortrade secret agreement to protect the Confidential or Trade Secret Information of each Participant with regard to Coalition activities, a. The Participants may also need to enter into additional confidentiality or trade secret agreements with future RFP vendors as required. Pale 4 of 11