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, 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 implementation of the FWC , 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 implementation of the FWC , 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 implementation of the FWC . 

II.6.6 The contracting authority is not liable for any loss or damage caused to the contractor during or as a consequence of implementation of the FWC , unless the loss or damage was caused by wilful misconduct or gross negligence of the contracting authority. 

## II.7. CONFLICT OF INTEREST AND PROFESSIONAL CONFLICTING INTERESTS 

II.7.1 The contractor must take all the necessary measures to prevent any situation of conflict of interest  or professional conflicting interest . 

II.7.2 The contractor must notify  the contracting authority in writing as soon as possible of any situation that could constitute a conflict of interest or a professional conflicting interest  during the implementation of the FWC . The contractor must immediately take action to rectify the situation. 

