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All responses are subject to public disclosure under the North Carolina Public Records Law. To the extent permissible by law, the County agrees to keep confidential any confidential proprietary information included in a response, provided that: 1) the respondent identifies the confidential proprietary portions of the response; 2) the respondent identifies as confidential and proprietary only those portions of the submittal that actually are confidential and proprietary; and 3) the respondent states why protection is necessary. Respondents shall not designate their entire response as confidential and proprietary, nor shall they so designate information that is already public. In submitting a Qualifications Statement, each firm agrees that the County may reveal any materials contained in such response to all the County staff and the County officials involved in the selection process and to any outside consultant or other third parties who serve on the Selection Committee or who are hired by the County to assist in the selection process. Furthermore, each firm agrees to indemnify and hold harmless the County and each of its officers, employees and agents from all costs, damages, and expenses incurred in connection with refusing to disclose any material that the firm has designated as a trade secret. Any information that the respondent would like to remain confidential should be e-mailed under separate cover to kdbilafer(a),.cabarmscountv.us. The e-mail subject must be `PROTECTED: CM@R — Cabanas County New Courthouse Construction and Renovations to Existing Courthouse' Conditions and Reservations The County reserves the right to refuse and reject any or all responses to the RFQ, to advertise for new RFQ responses, or to accept any RFQ response deemed to be in the best interest of the County in its sole and exclusive discretion. The County reserves the right to waive technicalities and informalities. The County reserves the right to negotiate with one or more firms and is not obligated to enter into any contract with any respondent on any terms or conditions. A response to this RFQ shall not be construed as a contract, nor indicate a commitment of any kind. The RFQ does not commit the County to pay for costs incurred in the submission of a response to this RFQ or for any cost incurred prior to the execution of a final contract. No recommendations or conclusions from this RFQ process concerning your firm shall constitute a right (property or otherwise) under the Constitution of the United States or under the Constitution, case law or statutory law of the State of North Carolina. Neither binding contract, obligation to negotiate, nor any other obligation shall be created on the part of the County unless the County and your firm execute a contract. An authorized representative of the firm is required to certify the accuracy of all information contained in your submittal by executing the certification form attached to this RFQ as Exhibit `A". Attachment number 2 \n F-9 Page 100