the with the provision of the pursuant to the The Owner) Work Contract. acknowledges and agrees that a conflict of interest includes the use of Contractor where the has not specifically authorized such Confidential Information Owner use. 9.2 The shall disclose to the in writing, without delay any actual Contractor Owner, or potential situation that may be reasonably interpreted as either a conflict of interest or a potential conflict of interest, including the retention of any or that is directly or indirectly affiliated with or related to Subcontractor Supplier the Contractor. 9.3 The covenants and agrees that it will not hire or retain the services of Contractor any employee or previous employee of the or the Ontario Public Service Owner where to do so constitutes a breach by such employee or previous employee of the previous employer’s conflict of interest policy, as it may be amended from time to time. 9.4 A breach of this Article by the any of the or any of Contractor, Subcontractors, respective advisors, partners, directors, officers, employees, agents, and volunteers shall entitle the to terminate the in addition to any Owner Contract, other rights and remedies that the has in the in law, or in equity. Owner Contract, ARTICLE A-10 CONFIDENTIALITY – Add new Article A-10 Confidentiality: – 10.1 The agrees to ensure that it shall, both during or following the term of Contractor the maintain the confidentiality and security of all Contract, Confidential and and that it shall not directly or indirectly Information Personal Information, disclose, destroy, exploit, or use any or Confidential Information Personal except where required by law, without first obtaining the written Information, consent of the The may disclose any portion of the Owner. Contractor Contract or any other information provided to the by the to Documents Contractor Owner any or if the discloses only such information Subcontractor Supplier Contractor as is necessary to fulfill the purposes of the and the has Contract Contractor included a commensurate confidentiality provision in its contract with the or The acknowledges that it will comply with Subcontractor Supplier. Contractor all requirements of the Personal Information Protection and Electronic The acknowledges that the is bound by the Documents Act. Contractor Owner provisions of the Freedom of Information and Protection of Privacy Act (“FIPPA”). The further acknowledges that the may be Contractor Owner required to disclose any or all of the and Confidential Information Personal in the event that it is compelled to do so by law, through a request Information under or by the rules of any applicable regulatory authority. FIPPA,
the Owner) with the provision of the Work pursuant to the Contract. The Contractor acknowledges and agrees that a conflict of interest includes the use of Confidential Information where the Owner has not specifically authorized such use. 9.2 The Contractor shall disclose to the Owner, in writing, without delay any actual or potential situation that may be reasonably interpreted as either a conflict of interest or a potential conflict of interest, including the retention of any Subcontractor or Supplier that is directly or indirectly affiliated with or related to the Contractor. 9.3 The Contractor covenants and agrees that it will not hire or retain the services of any employee or previous employee of the Owner or the Ontario Public Service where to do so constitutes a breach by such employee or previous employee of the previous employer’s conflict of interest policy, as it may be amended from time to time. 9.4 A breach of this Article by the Contractor, any of the Subcontractors, or any of respective advisors, partners, directors, officers, employees, agents, and volunteers shall entitle the Owner to terminate the Contract, in addition to any other rights and remedies that the Owner has in the Contract, in law, or in equity. ARTICLE A-10 – CONFIDENTIALITY Add new Article A-10 – Confidentiality: 10.1 The Contractor agrees to ensure that it shall, both during or following the term of the Contract, maintain the confidentiality and security of all Confidential Information and Personal Information, and that it shall not directly or indirectly disclose, destroy, exploit, or use any Confidential Information or Personal Information, except where required by law, without first obtaining the written consent of the Owner. The Contractor may disclose any portion of the Contract Documents or any other information provided to the Contractor by the Owner to any Subcontractor or Supplier if the Contractor discloses only such information as is necessary to fulfill the purposes of the Contract and the Contractor has included a commensurate confidentiality provision in its contract with the Subcontractor or Supplier. The Contractor acknowledges that it will comply with all requirements of the Personal Information Protection and Electronic Documents Act. The Contractor acknowledges that the Owner is bound by the provisions of the Freedom of Information and Protection of Privacy Act (“FIPPA”). The Contractor further acknowledges that the Owner may be required to disclose any or all of the Confidential Information and Personal Information in the event that it is compelled to do so by law, through a request under FIPPA, or by the rules of any applicable regulatory authority.
RFPUOIT09062018-CCDC2-Supplementary-Conditions.docx