The contractor must take all the necessary measures to prevent any situation of II.7.1 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 performance of the contract. 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; 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. performance of the contract, 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. The contracting authority and the contractor must treat with confidentiality any II.8.1 information or documents, in any format, disclosed in writing or orally relating to the and identified in writing as confidential. performance of the contract II.8.2 Each party must: (a) not use for any purpose other than to perform its confidential information or documents obligations under the contract without the prior written agreement of the other party; (b) ensure the protection of such with the same level confidential information or documents of protection as its own and in any case with due diligence; confidential information (c) not disclose, directly or indirectly, to third parties confidential information or documents without the prior written agreement of the other party. II.8.3 The confidentiality obligations set out in this Article are binding on the contracting authority and the contractor during the and for as long as performance of the contract the information or documents remain confidential unless: (a) the disclosing party agrees to release the receiving party from the confidentiality obligation earlier; (b) the become public through other means than a confidential information or documents breach of the confidentiality obligation;
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 performance of the contract. 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; 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 performance of the contract, 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. II.8.1 The contracting authority and the contractor must treat with confidentiality any information or documents, in any format, disclosed in writing or orally relating to the performance of the contract and identified in writing as confidential. II.8.2 Each party must: (a) not use confidential information or documents for any purpose other than to perform its obligations under the contract without the prior written agreement of the other party; (b) ensure the protection of such confidential information or documents with the same level of protection as its own confidential information and in any case with due diligence; (c) not disclose, directly or indirectly, confidential information or documents to third parties without the prior written agreement of the other party. II.8.3 The confidentiality obligations set out in this Article are binding on the contracting authority and the contractor during the performance of the contract and for as long as the information or documents remain confidential unless: (a) the disclosing party agrees to release the receiving party from the confidentiality obligation earlier; (b) the confidential information or documents become public through other means than a breach of the confidentiality obligation;
05_contract_dec_2016.docx