10. Disclaimer, Confidentiality and Related Matters

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The Descriptive Document and the PQQ have been prepared by the Local Authority for the purpose of providing an application procedure for Bidders interested in tendering for this project under the UK Government's Private Finance Initiative (PFI) and to assist the Local Authority in making its own evaluation of the potential opportunity to enter into a contractual relationship for the provision of such services.

By receiving this Descriptive Document and the PQQ, the Bidder agrees to keep confidential the information contained in the documents or made available in connection with any further enquiries. This Descriptive Document and the PQQ may be made available to the Bidders' employees and professional advisors directly involved in the appraisal of such information. This Descriptive Document and the PQQ shall not, either in whole or part, be copied, reproduced, distributed or otherwise made available to any other party in any circumstances without the prior written consent of the Local Authority, nor may it be used for any other purpose than that for which it is intended.

The Descriptive Document is intended only as a preliminary background explanation of the Local Authority's activities and plans and is not intended to form the basis of any decision on whether to enter into any contractual relationship with the Local Authority. The Descriptive Document does not purport to be all-inclusive, or to contain all of the information that a prospective Service Provider may require.

None of the Local Authority, its technical, financial or legal advisors or any other advisor (or the directors, officers, members, partners, employees, staff, agents or advisors of any such person):

•  Makes any representation or warranty (express or implied) as to the accuracy, reasonableness or completeness of the Descriptive Document. Any persons considering making a decision to enter into contractual relationships with the Local Authority following receipt of the Descriptive Document should make their own investigations and their own independent assessment of the Local Authority and its requirements for services associated with the project and should seek their own professional technical, financial and legal advice.

•  Accepts any responsibility for the information contained in this Descriptive Document or for its fairness, accuracy or completeness. Nor shall any of them be liable for any loss or damage (other than in respect of fraudulent misrepresentation) arising as a result of reliance on such information or any subsequent communication. Only the express terms of any written Contract relating to the subject matter of this Descriptive Document, as and when it is executed shall have any contractual effect in connection with the matters to which it relates.

•  Will be liable for any costs incurred by any Bidder responding to the PQQ or ISOS, whether incurred by them directly or their advisors or sub-contractors.

The publication of this Descriptive Document in no way commits the Local Authority to award any Contract under the Private Finance Initiative or pursuant to any tender process for this PFI project.