disclose all proposal data submitted by vendors in response to this RFP as a matter of public record. Although the University recognizes the vendor's possible interest in preserving selected data which may be part of a proposal, the University must treat such information as provided by the Kentucky Open Records Act, KRS 61.870 et sequitur. Informational areas which normally might be considered proprietary shall be limited to individual personnel data, customer references, selected financial data, formulae, and financial audits which, if disclosed, would permit an unfair advantage to competitors. If a proposal contains information in these areas that a vendor declares proprietary in nature and not available for public disclosure, the vendor shall declare in the Transmittal Letter [see Section 60.6 (A)] the inclusion of proprietary information and shall noticeably label as proprietary each sheet containing such information. Proprietary information shall be submitted under separate sealed cover marked "Proprietary Data". Proposals containing information declared by the vendor to be proprietary, either in whole or in part, outside the areas listed above may be deemed non-responsive to the RFP and may be rejected.

The Parties acknowledge that KRS 45A.225 to 45A.290 governs contract claims.

The liability of the University related to contractual damages is set forth in KRS 45A.245.

The initial term of the contract shall be the effective date of the award of contract and ending after 12 months. The contract shall include a maximum of three (3) optional one (1) year renewals.

All improved areas require a 1-year upon request renewable maintenance and service agreement past the manufacturer's warranty (this should not be an autorenewal). Also, the design and implementation of each area must ensure the systems have a long lifespan and will not be discontinued or outdated soon after the manufacturer's warranty expires.

This facility will need a high-quality audio system for student programming, athletic events, physical fitness and other large events that may be held in the gymnasium. The goal is to have the ability to produce professional audio in all locations and/or have it separated into zones. To properly manage the audio in the facility, the solution needs to ensure that there are appropriate inputs/outputs on the floor and wall per the placement request of the University, the solution needs to be user friendly with the ability to manage the system from the floor and/or the upper level of the facility. The solution should include a “manual” override if remote controls do not function. See equipment requirements in section 40.5.