R926-16-9. Rights Related to Proposals; Release of Rights and Indemnification

  (1) A submitter of an unsolicited proposal will not obtain any claim or have any right or expectation to use any route, corridor, rights of way, public property or public facility by virtue of having submitted a proposal that proposes to use such route, corridor, rights of way, public property or public facility or otherwise, involves or affects such. By submitting an unsolicited proposal, a submitter thereby waives and relinquishes any claim, right, or expectation to occupy, use, profit from, or otherwise exercise any prerogative with respect to any route, corridor, rights of way, public property or public facility identified in the proposal as being necessary for or part of the proposed project.

  (2) By submitting such a proposal, a submitter thereby waives and relinquishes any right, claim, copyright, proprietary interest or other right in any proposed location, site, route, corridor, rights of way, alignment, or transportation mode or configuration identified in the proposal as being involved in or related to the proposed project, and submitter must include in the proposal an indemnity that holds the state harmless against any such claim made by any entity that is a member of the proposer's proposal team, including their agents, employees and assigns.

  (3) The waiver and release of rights in this section do not apply to a submitter's rights in any documents, designs and other information and records that are otherwise classified as protected records under Utah Code Section 63G-2-305 or 63G-2-309.