West Penn Power Contract with Eaton Corporation as a CSP

1. Disclaimer - This is not a contract offer by Allegheny Energy; a bidder's
response to this RFQ is not binding in any way. For bidder's right to withdraw
its response, see section entitled "Right of Withdrawal." Any costs incurred
in responding to this RFQ are the responsibility of the bidder,
2. Right of Rejection / Acceptance - AE team reserves the right to reject any or
all responses, to accept any response or to select any combination of
responses. AE reserves the right to waive any irregularity contained in any
response. No response will be accepted unless the AE project team specifically
invited the Bidder to respond.
3. Right of Withdrawal - Response may be withdrawn at any time prior to the RFQ
Proposal Due Date. A response may not be withdrawn on the RFQ Due Date or
within 60 days following such date.
4. Award Of Contract - To the extent that a contract is awarded, it will be
awarded to the company deemed best suited for the project, in its sole
discretion, to meet the project's needs. AE reserves the right to either place
the entire order with one supplier, or to split it among several suppliers.
5. Volumes and Business Profile - All volumes and business profiles are
projections only. Both volumes and business profiles may change due to changes
in the AE's business strategy or external business conditions.
6. Legal Authority - The proposals sent in response to this RFQ must be signed by
a person having legal authority to bind the bidder.
7. Bidder Selection and Presentations - Following our analysis of all RFQ
responses received, finalists may be asked to give a capability presentation to
the sourcing team.
8. AESC General Terms and Conditions - AESC General Terms and Conditions shall
apply unless specific exceptions are taken to them.
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