As used hereafter, Responder refers to (i) the person who submits, and (ii) the entity on behalf of whom an authorized person has submitted, a response to a grant Request For Proposal (“RFP”) issued by the Ewing Marion Kauffman Foundation (“EMKF”).  By making a response to an RFP, Responder will be deemed to have agreed to, and be bound by, the following terms:

1. The RFP and any response made by a Responder are and shall remain the exclusive property of EMKF.  Responder understands that EMKF discourages the submission of any proprietary or confidential information to EMKF as part of a response to an RFP.  Responder should consider its response to an RFP to be a public disclosure of any intellectual property that Responder submits and EMKF will not take any action to preserve the confidentiality of, or any intellectual property rights Responder may have in, any information submitted in a response to an RFP.   Regardless of any markings identifying the proposal or its content as proprietary that may be attached by Responder, EMKF reserves the right to disclose or use any information contained in the proposal for EMKF’s own purposes.  
2. Responder is not permitted to make any public announcement or release of any information regarding this RFP.
3. This RFP is not and shall not be construed to be a contract, offer, or request for an offer.  EMKF will not have any express or implied obligations or responsibilities to issue a grant to Responder.  EMKF makes no commitment to issue any grant to Responder (or any other person or entity who has submitted a response to an RFP) even if EMKF enters into discussions or negotiations with Responder (or any other party) regarding a proposal. 
4. EMKF in its sole and exclusive discretion, and with or without notice or reason, may (i) accept or reject any proposal in whole or in part, (ii) reject all proposals, or (iii) withdraw this RFP at any time before or after submission of proposals.  EMKF retains the discretion and right to change the criteria for evaluating RFP responses even after an RFP has been released and/or responses to an RFP have been received.
5. EMKF reserves the right in its sole and exclusive discretion to waive irregularities or defects in any proposal. 
6. EMKF reserves the right to request additional information from any or all Responders.  Responders agree to make themselves available for follow-up as requested by EMKF.
7. EMKF will not be responsible for errors or omissions by anyone submitting a proposal, and EMKF shall be the sole judge of the responsiveness, appropriateness and completeness of any and all proposals. 
8. EMKF reserves the sole and exclusive right in its discretion to modify the timeline for decision-making after an RFP has been released and even after responses to an RFP have been received. 
9. All costs incurred by a Responder in reviewing, responding to, providing follow-up, negotiating, and otherwise engaging in the RFP response process are the responsibility of Responder.  EMKF is not responsible for and will not reimburse any of Responder’s costs.
10. Responder certifies and represents to EMKF that neither Responders response to an RFP nor EMKF’s use of information contained in a response (including the rights outlined in Section 1 above) will constitute an infringement or violation of the intellectual property rights (including but not limited to trademarks, copyrights, patents, trade secrets, moral rights) or privacy rights of any person or entity. 
11. Any grant awarded as a result of this RFP must be for a charitable purpose.  Organizations that are not public charities will have to demonstrate a clear charitable purpose for their activities before they may be awarded a grant.

EMKF reserves the right to amend these Terms and Conditions at any time at its sole discretion, with or without notice to Responder, and Responder shall be bound to the Terms and Conditions as so amended.