Consultant, the Contracting Authority may refuse to make payments, may recover amounts already  paid or may terminate all the contracts concluded with this Consultant, in proportion to the seriousness  of the errors, irregularities or fraud.  ARTICLE 11. SPECIFICATIONS AND DESIGNS  11.1. The Consultant shall prepare all specifications and designs using accepted and generally recognised  systems acceptable to the Contracting Authority and taking into account the latest design criteria.  11.2. The Consultant shall ensure that the specifications and designs and all documentation relating to  procurement of goods and services for the project are prepared on an impartial basis so as to promote  competitive tendering.  12.1. At its own expense, the Consultant shall indemnify, protect and defend, the Contracting Authority, its  agents and employees, from and against all actions, claims, losses or damage arising from any act or  omission by the Consultant in the performance of the services, including any violation of any legal  provisions, or rights of third parties, in respect of patents, trade marks and other forms of intellectual  property such as copyrights.  12.2. At its own expense, the Consultant shall indemnify, protect and defend the Contracting Authority, its  agents and employees, from and against all actions, claims, losses or damages arising out of the  Consultant's performance of the contract provided that:  (a) the Consultant is notified of such actions, claims, losses or damages not later than 30 days after  the Contracting Authority becomes aware of them;  (b) the ceiling on the Consultant's liability to the Contracting Authority shall be limited to an amount  equal to the contract value, and such ceiling shall not apply to any losses or damages caused  to third parties by the Consultant or by the Consultant's wilful misconduct;  (c) the Consultant's liability shall be limited to actions, claims, losses or damages directly caused  by such failure to perform its obligations under the contract and shall not include liability arising  from unforeseeable occurrences incidental or indirectly consequential to such failure.  12.3. At its own expense, the Consultant shall, upon request of the Contracting Authority, remedy any defect  in the performance of the services in the event of the Consultant's failure to perform its obligations  under the contract.  12.4. The Consultant shall have no liability whatsoever for actions, claims, losses or damages occasioned  by:  (a) the Contracting Authority omitting to act on any recommendation, or overriding any act, decision  or recommendation, of the Consultant, or requiring the Consultant to implement a decision or  recommendation with which the Consultant disagrees or on which it expresses a serious  reservation; or  (b) the improper execution of the Consultant's instructions by agents, employees or independent  Consultants of the Contracting Authority.  12.5. The Consultant shall remain responsible for any breach of its obligations under the contract for such  period after the services have been performed as may be determined by the law governing the  contract.  13.1. The Contracting Authority may request the Consultant and/or its personnel performing the services to  undergo a medical examination by a qualified medical practitioner before leaving their usual place of  residence and the Consultant shall as soon as is practicable furnish the Contracting Authority with a  medical certificate indicating whether or not the experts are fit to implement the required services.  13.2. For the period of implementation of the tasks, the Consultant shall obtain medical insurance for itself  and other persons employed or contracted by it under the contract. The Contracting Authority shall be  under no liability in respect of the medical expenses of the Consultant.  13.3. Within 20 days of signing the contract, the Consultant shall take out and maintain a full indemnity  insurance policy for a sum up to the higher of the maximum amount foreseen by the legislation of the  Page 6 of 19  ARTICLE 13. MEDICAL, INSURANCE AND SECURITY ARRANGEMENTS  ARTICLE 12. INDEMNIFICATION 