II.6.3 The contractor is liable for any loss or damage caused to the contracting authority during or as a consequence of including in the event of implementation of the FWC, 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 or subcontractors, personnel the contractor is liable for the whole amount of the damage or loss. If a third party brings any action against the contracting authority in connection with the II.6.4 including any action for alleged breach of intellectual implementation of the FWC, 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 liability towards the third party is established and that such authority’s liability is caused by the contractor during or as a consequence of the implementation of Article II.6.3 applies. the FWC, 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 unless the loss or damage implementation of the FWC, was caused by wilful misconduct or gross negligence of the contracting authority. II.7.1 The contractor must take all the necessary measures to prevent any situation of conflict or of interest professional conflicting interest. II.7.2 The contractor must the contracting authority in writing as soon as possible of notify any situation that could constitute a or a conflict of interest professional conflicting during the The contractor must immediately take interest implementation of the FWC. action to rectify the situation. The contracting authority may do any of the following: verify that the action is appropriate; contractor’s require the contractor to take further action within a specified deadline; decide not to award a specific contract to the contractor. II.7.3 The contractor must pass on all the relevant obligations in writing to: its personnel; any natural person with the power to represent it or take decisions on its behalf; third parties involved in the including subcontractors. implementation of the FWC, The contractor must also ensure that the persons referred to above are not placed in a situation which could give rise to conflicts of interest.
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.7.1 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. The contracting authority may do any of the following: verify that the contractor’s action is appropriate; require the contractor to take further action within a specified deadline; decide not to award a specific contract to the contractor. II.7.3 The contractor must pass on all the relevant obligations in writing to: its personnel; any natural person with the power to represent it or take decisions on its behalf; third parties involved in the implementation of the FWC, including subcontractors. The contractor must also ensure that the persons referred to above are not placed in a situation which could give rise to conflicts of interest.
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