other liability caps The contractor Cost IP Unlikely Minor Low Failure to Tender evaluation will consider fails to comply secure IP source of IP rights. Commonwealth loss as with intellectual rights a result of a third party Contract contains an indemnity in property rights, claim. Estimated loss Failure to respect of third party claims for IP confidentiality, $10m including secure infringement and breach of Defence security damages, cost of confidential confidence. or privacy defending claim and information obligations under Contract contains an indemnity for securing alternate IP the contract Failure to third party claims which includes rights. resulting in protect breach of privacy. damage to the Confidentiality personal Contract contains obligations to Commonwealth information Commonwealth loss as comply with privacy law and or a third party a result of a third party Failure to Commonwealth security Note to drafters: claim. Given nature of meet requirements. Related liability likely confidential security Liability is uncapped. cap none as IP, information, estimated – obligations confidentiality, loss $5m. Defence security Defence security and privacy cannot be Commonwealth capped expends amounts to investigate and address loss of classified information at a cost of $35,000. Privacy
other liability caps The contractor fails to comply with intellectual property rights, confidentiality, Defence security or privacy obligations under the contract resulting in damage to the Commonwealth or a third party Note to drafters: Related liability cap – none as IP, confidentiality, Defence security and privacy cannot be capped Failure to secure IP rights Failure to secure confidential information Failure to protect personal information Failure to meet security obligations Cost IP Commonwealth loss as a result of a third party claim. Estimated loss $10m including damages, cost of defending claim and securing alternate IP rights. Confidentiality Commonwealth loss as a result of a third party claim. Given nature of likely confidential information, estimated loss $5m. Defence security Commonwealth expends amounts to investigate and address loss of classified information at a cost of $35,000. Privacy Tender evaluation will consider source of IP rights. Contract contains an indemnity in respect of third party claims for IP infringement and breach of confidence. Contract contains an indemnity for third party claims which includes breach of privacy. Contract contains obligations to comply with privacy law and Commonwealth security requirements. Liability is uncapped. Unlikely Minor Low