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Palisades Tunnel Virtual Data Room
Terms and Conditions for Access and Usage

A virtual data room (the “VDR”) has been established by the Gateway Development Commission (“GDC”) in connection with GDC’s procurement of the Palisades Tunnel project (the “Project”). The VDR contains reference information and data (the “Data”) made available by GDC for informational purposes to enable those responding, or considering responding, to GDC’s Request for Qualifications for the Project (the “RFQ”) to better understand the Project. The VDR contains Data owned or obtained by GDC and may also contain Data owned or obtained by the National Passenger Railroad Corporation (Amtrak), the New Jersey Transit Corporation (NJ TRANSIT), and/or the Port Authority of New York and New Jersey (collectively, the “Project Partners”) that has been provided to GDC in connection with the Hudson Tunnel Project.

Persons wishing to access the VDR and Data are required to register with GDC by submitting contact information through the online access request form available at []. Prior to obtaining access, you must review and, by checking the box and clicking the “SEND” button on the form, acknowledge and agree to the terms and conditions set forth below (these “Terms and Conditions”). Failure to accept the Terms and Conditions shall result in denial of access to the VDR. GDC reserves the right to deny or limit access to the VDR in its sole and absolute discretion.

Terms & Conditions

Each entity or individual person that accesses, or requests access to, the VDR, or reviews, downloads, or uses any of the Data (each, a “User”), by doing so, accepts and agrees to be bound by all of these Terms and Conditions.

By submitting the access request form, the requesting entity or person accepts and agrees, on behalf of itself, as well as on behalf of each of its employees, agents, contractors, or consultants who are provided access to the VDR or the Data through such entity or person (collectively with the requesting entity or person, the “Organization”), to all of these Terms and Conditions.

1. GDC will not treat any request to access the VDR as confidential.

2. All Data shall be deemed confidential information unless otherwise expressly indicated in writing. All Organizations and Users shall maintain the confidentiality of Data made available through the VDR.

3. Access to the VDR and the Data contained therein is limited to the registered Organization for review and use by them for the purposes of the Project procurement and is subject at all times to these Terms and Conditions. Organizations, firms, and individuals that are authorized to access the VDR and/or the Data under these Terms and Conditions as members of the registered Organization are referred to herein as “Authorized Users.” The Organization and its members shall not share the Data with organizations, firms, and individuals who are not the Organization’s Authorized Users.

4. Each Organization is responsible for the security and confidentiality of all Data downloaded by its Authorized Users and shared with their respective employees, agents, contractors, and consultants. Organizations and Authorized Users are responsible for ensuring all recipients of Data are aware of and comply with these Terms and Conditions upon which access is granted.

5. Users shall not attempt to circumvent any of the security features of the VDR. Organizations and Authorized Users shall not allow or enable other organizations, firms, or individuals to access the VDR using log-in credentials provided to the Authorized User by GDC.

6. Users shall not attempt to scan, copy, or photograph the Data, except that Authorized Users may download the Data for use by their Organization (including their employees, agents, contractors, and consultants) solely as part of the procurement process for the Project.

7.GDC and the Project Partners, and their respective commissioners, board members, trustees, directors, officers, employees, agents, contractors, and consultants (each, a “GDC/Partner Person”), make no representation, warranty, or guarantee that the Data is accurate, complete, or timely, or that it accurately represents conditions that would be encountered, now or in the future.

8.Neither GDC, nor any Project Partner or GDC/Partner Person, shall be responsible for the accuracy, completeness, relevance, or suitability of the Data or for any inferences or conclusions drawn from the Data.

9. The furnishing of the Data by GDC does not create, nor should be deemed to create, any obligation or liability upon GDC, the Project Partners, or any GDC/Partner Person for any reason whatsoever, or form a basis for a claim by an Organization or User against GDC or any one or more of the Project Partners or GDC/Partner Persons.

10. Neither GDC, nor any Project Partner or GDC/Partner Person, may be charged with any liability by, or held liable to, any Organization or User, or any other entity or individual under any term or provision of these Terms and Conditions, or any provision or provision in the Data, the VDR, or the RFQ, or by virtue of any statements made by the aforementioned parties in the Data or VDR or during the Project procurement.

11. GDC may, in its sole and absolute discretion, delete, modify, supplement, or amend the Data or the terms of access to the VDR or the Data at any time without providing any notice thereof, and no Organization or User, or any other entity or individual, may rely on any such conduct to make any claim or cause of action, whether in law or at equity, against GDC, any Project Partner, or any GDC/Partner Person.

12. Neither GDC nor any of the Project Partners shall be liable for any costs incurred in connection with or related to usage of the VDR or the Data.

13. Violation of any of these Terms and Conditions of access may result in legal action, including, but not limited to, revocation or limitation of access privileges, denial of access to the VDR and/or the Data, consideration for disqualification from responding to the RFQ or other Hudson Tunnel Project procurement activities, or injunctive or other legal relief. You agree that should you breach, violate, or deviate from any of these Terms and Conditions, GDC and/or one or more of the Project Partners may suffer irreparable harm, for which there is no adequate remedy at law. Therefore, you agree that GDC and/or one or more of the Project Partners shall be entitled to temporary and/or permanent injunctive relief to remedy any breach or violation of, or deviation from, any of these Terms and Conditions that you commit.

By checking the box and clicking “SEND” on the access request form, you confirm that you have reviewed, accepted, and agreed to be bound by the foregoing Terms and Conditions. Further, by accessing the VDR, and reviewing, downloading, and using the Data, you, in each such case, affirm that you are an Authorized User and acknowledge and agree to be bound by the Terms and Conditions.