February 17, 2020

Andrea Stone, Director, Procurement Services Morehead State University Office of Procurement Services 180 Martindale Drive Morehead, KY 40351

Dear Ms. Stone,

Re: Requested Modifications to RFP Terms & Conditions

EAB Global, Inc. ("EAB" or the "Contractor") is pleased to respond to Morehead State University's ("MSU" or "University") Request for Proposal 09-20 (the "RFP") for an Enrollment Marketing and Fulfillment (the "Services") FAB and MSU are parties to that certain Service Agreement, dated December 16, 2016 pursuant to RFP-15-17 (the "Existing Agreement") relating to the provision of services that are equivalent to the Services requested in the RFP. The Existing Agreement was the result of negotiation between EAB and University. Accordingly, EAB proposes employing a contract in form and substance substantially similar to the Existing Agreement.

  • In the event this is not practicable, this letter contains EAB's proposed changes to the terms and conditions included in the RFP, and we agree to negotiate the terms of any agreement awarded under the RFP ("Agreement") in good faith.
  • EAB requests addition of the following terms, which are specific to the types of Services to be provided as requested in the RFP:
  • University-Provided Data. University acknowledges and agrees that Contractor exercises no control whatsoever over the content of such data or other content or information that University or an End User so supplies to be used in connection with the Services, as well as any copyrights, trademarks, service marks, data, and other intellectual property University may provide to Contractor in order to allow Contractor to provide the Services to University under the terms of this Agreement (such data or other information and intellectual property, collectively, “University-Provided Data” or “U-P Data”). Contractor makes no warranty, representation, endorsement, or guarantee regarding, and accepts no responsibility for, the quality, content, nature or reliability of such U-P Data or any products or services referenced thereby. Unless otherwise specifically set forth in the Agreement or required in order to provide the Services, University acknowledges and agrees that Contractor will have no obligation to archive or back up U-P Data, nor will Contractor have any liability for any loss or corruption of U-P Data, nor will Contractor have any obligation under the Agreement to retain any U-P Data, after the expiration or termination of the term of the Agreement.
  • Financial Aid Processing. University agrees to carry out, or cause to be carried out, the processing and awarding of all aspects of the financial aid process in compliance with federal regulations. University will retain complete control of all aspects of awarding financial aid, including setting of budgets and disbursement schedules. It is understood and agreed that this Agreement does not render Contractor as a “Third Party Servicer” as that term is defined at 34 C.F.R. § 668.2 and Contractor is not subject to the requirements of 34 C.F.R. § 668.23 or 34. C.F.R. § 668.25. University shall not report or characterize Contractor to the