TENDER AGREEMENT

This Tender Agreement (“Agreement”) is made and entered into as of [date], by and between [Tenderer
Name] (“Tenderer”) and [Company Name] (“Company”).

Purpose of Agreement. Tenderer is submitting a tender for [description of the project or work to be
done]. Company is considering Tenderer’s tender and, if accepted, will engage Tenderer to perform the
work.

Acceptance of Tender. Company may, in its sole discretion, accept or reject Tenderer’s tender. If
Company accepts Tenderer’s tender, Company and Tenderer shall enter into a separate agreement that
will set forth the terms and conditions under which Tenderer will perform the work.

Tender Documents. Tenderer agrees that all documents and information submitted with the tender
(“Tender Documents”) are true, complete and accurate, and that Tenderer has complied with all
applicable laws and regulations in preparing and submitting the Tender Documents.

Confidentiality. Tenderer acknowledges that the Tender Documents are confidential and proprietary
information of Company. Tenderer agrees to keep the Tender Documents confidential and not to
disclose them to any third party without Company’s prior written consent.

Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the
state in which Company is located.

Entire Agreement. This Agreement contains the entire agreement between the parties and supersedes
all prior negotiations, understandings, and agreements between the parties.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.

TENDERER:

[Tenderer Name]
By: _____________________________

Name: ___________________________

Title: ____________________________

COMPANY:

[Company Name]

By: _____________________________

Name: ___________________________

Title: ____________________________