## II.5.4. Validity and date of e-documents 

1. The parties agree that any e-document, including related attachments exchanged via e-PRIOR : 

(a) is considered as equivalent to a paper document; 

(b) is deemed to be the original of the document; 

(c) is legally binding on the parties once an e-PRIOR  authorised person has performed the ‘sign’ action in e-PRIOR  and has full legal effect; and 

(d) constitutes evidence of the information contained in it and is admissible as evidence in judicial proceedings. 

2. The parties expressly waive any rights to contest the validity of such a document solely on the grounds that communications between the parties occurred through e-PRIOR  or that the document has been signed through e-PRIOR . If a direct connection is established between the parties’ back offices  to allow electronic transfer of documents, the parties agree that an e-document, sent as mentioned in the Interface control document , qualifies as an EDI message . 

3. If the e-document is dispatched through the supplier portal, it is deemed to have been legally issued or sent when the contractor (or leader in the case of a joint tender) is able to successfully submit the e-document without any error messages. The generated PDF and XML document for the e-document are considered as a proof of receipt by the contracting authority. 

4. In the event that an e-document is dispatched using a direct connection established between the parties’ back offices , the e-document is deemed to have been legally issued or sent when its status is ‘received’ as defined in the Interface control document . 

5. When using the supplier portal, the contractor (or leader in the case of a joint tender) can download the PDF or XML message for each e-document for one year after submission. After this period, copies of the e-documents are no longer available for automatic download from the supplier portal. 

## II.5.5. Authorised persons in e-PRIOR 

The contractor submits a request for each person who needs to be assigned the role of ‘user’ in e- PRIOR . These persons are identified by means of the European Communication Authentication Service (ECAS) and authorised to access and perform actions in e-PRIOR  within the permissions of the user roles that the contracting authority has assigned to them. 

User roles enabling these e-PRIOR authorised persons to sign legally binding documents such as specific tenders or specific contracts are granted only upon submission of supporting documents proving that the authorised person is empowered to act as a legal representative of the contractor. 

## II.6. LIABILITY 

II.6.1  The contracting authority is not liable for any damage or loss caused by the contractor, including any damage or loss to third parties during or as a consequence of Implementation of the FWC . 

II.6.2  If required by the relevant applicable legislation, the contractor must take out an insurance policy against risks and damage or loss relating to the Implementation of the FWC . It must also take out supplementary insurance as reasonably required by standard practice in the industry. Upon request, the contractor must provide evidence of insurance coverage to the contracting authority. 

II.6.3  The contractor is liable for any loss or damage caused to the contracting authority during or as a consequence of Implementation of the FWC , including in the event of subcontracting, but only up to an amount not exceeding three times the total amount of the relevant specific contract. However, if the damage or loss is caused by the gross negligence or wilful misconduct of the contractor or of its Personnel or subcontractors, as well as in the case of an action 

