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. 

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 . 

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 performance of the contract . 

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 performance of the contract . 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 performance of the contract , including in the event of subcontracting, but only up to an amount not exceeding three times the total amount of the 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 brought against the contracting authority by a third party for breach of its intellectual property rights, the contractor is liable for the whole amount of the damage or loss. 

II.6.4  If a third party brings any action against the contracting authority in connection with the performance of the contract , including any action for alleged breach of intellectual property rights, the contractor must assist the contracting authority in the legal proceedings, including by intervening in support of the contracting authority upon request. If the contracting authority’s liability towards the third party is established and that such liability is caused by the contractor during or as a consequence of the performance of the contract , Article II.6.3 applies. 

II.6.5  If the contractor is composed of two or more economic operators (i.e. who submitted a joint tender), they are all jointly and severally liable to the contracting authority for the performance of the contract . 

