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.  The contracting authority may do any of the following:  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. 21  (a) not use  confidential information or documents  for any purpose other than to perform its  obligations under the FWC or a specific contract without the prior written agreement of the  other party; II.8.2  Each party must:  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  Implementation of the  FWC  and identified in writing as confidential.  (c) third parties involved in the  Implementation of the FWC , including subcontractors. (b) any natural person with the power to represent it or take decisions on its behalf; (a) its  Personnel ; (c) decide not to award a specific contract to the contractor. (b) require the contractor to take further action within a specified deadline; (a) verify that the contractor’s action is appropriate;  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. II.7.1  The contractor must take all the necessary measures to prevent any situation of  conflict of  interest  or  Professional conflicting interest . 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.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.6.4  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.7  CONFLICT OF INTEREST  AND PROFESSIONAL CONFLICTING INTERESTS  II.8 CONFIDENTIALITY  II.7.3  The contractor must pass on all the relevant obligations in writing to: 