Contract number: ECHA/2019/355  FWC conditions of October 2018 
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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, as well as in the case of an action brought against the contracting 
authority by a third party for breach of its intellectual property rights, the contractor 
is liable for the whole amount of the damage or loss. 
II.6.4 If a third party brings any action ag ainst 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 interveni ng 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 c ontractor 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 writ ing 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: 
(a) verify that the contractor’s action is appropriate;  
(b) require the contractor to take further action within a specified deadline;  
(c) 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: 
(a) its personnel;  
(b)  any natural person with the power to represent it or take decisions on its 
behalf;  
(c) 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.