Cost of Submission of Proposals
The preparation and submission of, and all discussions or other proceedings relating to a submission will be conducted at the sole cost of the Applicant. The City will not be responsible for any costs incurred by an Applicant in the preparation or submission, including any costs incurred by the Applicant to attend meetings or make presentations relating to its submission, or in any participation of the Applicant in negotiations or finalization of the Sale or Lease Agreement and Affordable Housing Agreement, as applicable.
Reservation of Rights
The City reserves the right, in its sole discretion, to exercise any or all of the following rights, to:
- Accept, reject or further negotiate with any or all Applicants
- Amend the scope of the project, modify, cancel or suspend this listing process or any or all stages of the process, at any time, for any reason;
- Re-advertise for new proposals or enter into negotiations for the site, the project or for a project of a similar nature;
- Extend, from time to time, any date, time period, or deadline provided for in this listing, upon written notice to all affected Applicants
- Not enter into a Sale Agreement, Affordable Housing Agreement or Lease Agreement with any Applicant.
By submitting an application, the Applicant specifically agrees that it will have absolutely no claim against the City or any of its employees, advisors or representatives for anything resulting from the exercise of any or all of the rights set out in this listing.
Without limiting the generality of the foregoing, the Applicant agrees that in no event will the City, or any of its employees, agents, advisors or representatives, be liable, under any circumstances, for any claim, or to reimburse or compensate the Applicant in any manner whatsoever, including, without limitation for the costs of preparation of the submission, loss of anticipated profits, loss of opportunity or any other matter.
This listing is only intended to solicit interest and information from potential Applicants, and does not create any legally binding arrangement with the City. This listing is governed by the law applicable to direct commercial negotiations and therefore this listing will not give rise to any “Contract A” based tendering law duties or any other legal obligations arising out of any process contract or collateral contract. Neither the Applicant or the City has, or will have, the right to make a claim of any kind, whatsoever, against the other, with respect to the award of a contract, the failure to award a contract, or the failure to honour a response to this listing.