Common use of Proposals Clause in Contracts

Proposals. i. To the extent that Honeywell has provided or subsequently provides Buyer with a written proposal, quote, statement of work, or response to a tender or bid request that details the specific Products (including Software) and/or Services (as each term is defined below) to be provided by Honeywell (collectively, the “Deliverables”), as well as the pricing, schedule, and conditions under which Honeywell is willing to provide such Deliverables (each, a “Proposal”), such Proposal or Proposals are expressly integrated into and subject to the terms of this Agreement upon placing a valid Order (as set forth in Section 3 (Purchase Orders) herein) which incorporates one or more unexpired Proposals. Without the written consent of Honeywell, use of any Proposal or parts thereof for any purpose other than Buyer's evaluation of Honeywell as a prospective contractor is prohibited. ii. Honeywell may rely on estimates, audits, and surveys conducted by Buyer, its related entities, subcontractors or agents. Buyer warrants the accuracy of such information and further accepts responsibility for any additional costs or Changes to a Proposal arising out of the circumstances set forth in Section 10 (Changes) herein, as well as any inaccurate data, information, estimates, audits, or surveys provided to Honeywell by Buyer, its contractors or agents. Buyer is further responsible for the costs and liabilities associated with any products, services, and deliverables it separately obtains or already owns or licenses, as well as the methods of any supplier or contractor engaged by Xxxxx, Xxxxx’s customer, any end customer (“End User”), or any third-party not engaged by Honeywell, all of which are expressly excluded from any Proposal and the Deliverables set forth in any Order.

Proposals. i. To the extent that Honeywell has provided or subsequently provides Buyer with a written proposal, quote, statement of work, or response to a tender or bid request that details the specific Products (including Software) and/or Services (as each term is defined below) to be provided by Honeywell (collectively, the “Deliverables”), as well as the pricing, schedule, and conditions under which Honeywell is willing to provide such Deliverables (each, a “Proposal”), such Proposal or Proposals are expressly integrated into and subject to the terms of this Agreement upon placing a valid Order (as set forth in Section 3 (Purchase Orders) herein) which incorporates may incorporate one or more unexpired Proposals. Without the written consent of Honeywell, use of any Proposal or parts thereof for any purpose other than Buyer's evaluation of Honeywell as a prospective contractor is prohibited. ii. Honeywell may rely on estimates, audits, and surveys conducted by Buyer, its related entities, subcontractors or agents. Buyer warrants the accuracy of such information and further accepts responsibility for any additional costs or Changes to a Proposal arising out of the circumstances set forth in Section 10 (Changes) herein, as well as any inaccurate data, information, estimates, audits, or surveys provided to Honeywell by Buyer, its contractors or agents. Buyer is further responsible for the costs and liabilities associated with any products, services, and deliverables it separately obtains or already owns or licenses, as well as the methods of any supplier or contractor engaged by Xxxxx, Xxxxx’s customer, any end customer (“End User”), or any third-party not engaged by Honeywell, all of which are expressly excluded from any Proposal and the Deliverables set forth in any Order.