The Tenderer agrees, by submitting its Tender Offer to Seqwater in response to this ITT, to be contractually bound by this part "Binding Conditions of ITT".1. OWNERSHIP AND USE OF INVITATION TO TENDER1.1 Ownership and Intellectual Property RightsThis ITT document is the property of Seqwater. Intellectual property rights in this document belong to Seqwater. This document must not be copied without the prior approval of Seqwater except for the purposes of preparing a Tender Offer. All copies of this ITT are to be returned to Seqwater or destroyed upon request.1.2 ConfidentialityAny confidential information provided by Seqwater to the Tenderer in connection with this ITT, including all subsequent processes, must be treated and kept as such by the Tenderer.2. INFORMATION PROVIDED BY SEQWATER2.1 Seqwater not liable for informationSeqwater is not liable for any erroneous, non-current or insufficient information. If a Tenderer has any doubts as to the meaning or intention of any part of this ITT, or if further information is required to ensure a clear and correct understanding of the nature and extent of the Goods or Services required by Seqwater, application should be made to Seqwater under clause 7.4.2.2 Statistical data/volume estimatesStatistical data, volume estimates or any other data provided in this ITT is not to be construed as a guarantee that any particular volume of business will be provided by Seqwater. Seqwater is not liable (including liability for anticipated profit or for loss of profit) because of any difference between the statistical data, volume estimates or any other data provided to assist Tenderers in compiling a Tender Offer and the volume of Goods or Services actually required by Seqwater.2.3 No liability for virusesTenderers must note that when obtaining or receiving correspondence or notices in relation to this ITT they are doing so at their own risk and are accepting the entire risk of virus transmission. Seqwater does not and will not provide any warranty (whether express or implied) in relation to the issue of electronic data and is not responsible for any loss or damage (including consequential loss or damage) which may be suffered by any Tenderer.2.4 No liability for electronic documentation transmissionTenderers must note that when obtaining ITT documentation or receiving correspondence or notices in an electronic format they are doing so at their own risk and are accepting the entire risk, including the risk of missing data and or documentation. Seqwater has not and will not provide any warranty (whether express or implied) in relation to the issue of electronic data and is not responsible for any loss or damage (including consequential loss or damage) which may be suffered by any Tenderer.Each party irrevocably:(a) submits to the non exclusive jurisdiction of the courts of Queensland, and the courts competent to determine appeals from those courts, with respect to any proceedings which may be brought at any time relating to this ITT; and(b) waives any objection it may now or in the future have to the venue of any proceedings, and any claim it may now or in the future have that any proceedings have been brought in an inconvenient forum, if that venue falls within clause 12.2(a).
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