Confidentiality

Subject to the exceptions referred to in Paragraph•  , the Information in this ISDS is being made available by the Local Authority on condition that:

•  Bidders shall at all times treat the Information as confidential

•  Bidders shall not disclose, copy, reproduce, distribute or pass the Information to any other person at any time or allow any of these things to happen

•  Bidders shall not use the Information for any purpose other than for the purposes of making (or deciding whether to make) a Bid

•  Bidders shall comply with the provisions of Paragraph • (which contains restrictions on publicity activity within any section of the media)

•  Bidders shall procure that each of its Parties to the bidding consortia who receives any of the Information is made aware of, and complies with the provisions of, this Paragraph • as if it were a Bidder.

Bidders may disclose, distribute or pass Information to another person (including but not limited to, for example, a Bidder Party, the Bidder's insurers or the Bidders Funders) if either:

•  This is done for the sole purpose of enabling a Bid to be made and the person receiving the Information undertakes in writing to keep the Information confidential on the same terms as set out in these Important Notices; or

•  The Bidder obtains the prior written consent of the Local Authority in relation to such disclosure, distribution or passing of Information.

The Local Authority may disclose detailed information relating to Bids to the Local Authority's members, directors, officers, employees, agents or advisors and the Local Authority may make the key Project Documents available for private inspection by the Local Authority's members, directors, officers, employees, agents or advisors.  The Local Authority also reserves the right to disseminate information that is materially relevant to the Project to all Bidders, even if the information has only been requested by one Bidder, subject to the duty to protect any Bidder's commercial confidence in its Bid.  The Local Authority will act reasonably as regards the protection of commercially sensitive information relating to the Bidder in the light of the latest published guidance on this area.

Accuracy of the Information and liability of the Local Authority and its advisors

The Information has been prepared by the Local Authority in good faith but does not purport to be comprehensive or to have been independently verified.  Bidders should not rely on the Information and should carry out their own due diligence checks and verify the accuracy of the Information.  Nothing in this ISDS is or shall be a promise or representation as to the future.

Bidders considering entering into a contractual relationship with the Local Authority should make their own enquiries and investigations of the Local Authority's requirements beforehand.  The subject matter of this ISDS shall only have contractual effect when it is contained in the express terms of an executed Contract.

None of the Local Authority, the Local Authority's members, directors, officers, employees, agents or advisors make any representation or warranty as to, or accept any liability or responsibility in relation to, the adequacy, accuracy, reasonableness or completeness of the Information or any part of it (including but not limited to loss or damage arising as a result of reliance by the Bidder on the Information or any part of it).  

The invitation by the Local Authority to a Bidder to submit a Bid does not mean that the Bidder has satisfied the Local Authority regarding any matter raised during Pre-Qualification, and the Local Authority makes no representations or warranties regarding the Bidder's financial status or stability, technical competence or ability in any way to carry out the Project.