Contractor Sensitive Information. 17.1 The Authority must: 17.1.1 treat all Contractor Sensitive Information as confidential and safeguard it accordingly; and 17.1.2 not disclose any Contractor Sensitive Information to any other person without the prior written consent of the Contractor. 17.2 Clause 17.1 does not apply to the extent that: 17.2.1 disclosure is required by law or by order of any competent court or tribunal; 17.2.2 information is in the possession of the Authority without restriction as to its disclosure prior to its disclosure by the Contractor; 17.2.3 information is obtained from a third party (who lawfully acquired it) without restriction as to its disclosure; 17.2.4 information is already in the public domain at the time of disclosure otherwise than by a breach of the Framework Agreement; or 17.2.5 information is independently developed without access to the Contractor Sensitive Information. 17.3 Nothing in this Framework Agreement prevents the Authority from disclosing any Contractor Sensitive Information or any other information concerning the Contractor or the Framework Agreement: 17.3.1 pursuant to a Request for Information concerning the information (see clause 15 (Transparency and Freedom of Information)); 17.3.2 in accordance with the Authority’s publication scheme (within the meaning of section 23 of FOISA) as reviewed from time to time; 17.3.3 in accordance with the requirements of Part 3 of the Public Services Reform (Scotland) ▇▇▇ ▇▇▇▇; 17.3.4 in accordance with any future policies of the Authority concerning the routine disclosure of government information in the interests of transparency; 17.3.5 to any consultant, contractor or other person engaged by the Authority, for example to conduct a gateway review; 17.3.6 in response to a Parliamentary Question from a Member of the Scottish Parliament, a Member of the United Kingdom Parliament or any other department, office or agency of Her Majesty’s Government in Scotland or the United Kingdom, and their servants or agents, when disclosing such information to either the Scottish Parliament or the United Kingdom Parliament it is recognised and agreed by both parties that the Authority shall if the Authority sees fit disclose such information but is unable to impose any restrictions upon the information that the Authority provides to Members of the Scottish Parliament, or Members of the United Kingdom Parliament; 17.3.7 in response to any inquiry of the European Commission concerning the Framework Agreement; or 17.3.8 for the purpose of any examination by any auditors of the Authority (including Audit Scotland, the Auditor General for Scotland and the Scottish Parliament) of the economy, efficiency and effectiveness with which the Authority has used its resources. 17.4 The Contractor consents to the publication of the Framework Agreement by the Authority, subject to such redactions as the Authority may decide to make. The Authority may consult with the Contractor to inform its decisions concerning redaction (for example to exclude any Contractor Sensitive Information) but any decisions taken by the Authority are final and conclusive.
Appears in 16 contracts
Sources: Framework Agreement, Framework Agreement, Framework Agreement
Contractor Sensitive Information. 17.1 17.1. The Authority must:
17.1.1 17.1.1. treat all Contractor Sensitive Information as confidential and safeguard it accordingly; and
17.1.2 17.1.2. not disclose any Contractor Sensitive Information to any other person without the prior written consent of the Contractor.
17.2 17.2. Clause 17.1 does not apply to the extent that:
17.2.1 17.2.1. disclosure is required by law or by order of any competent court or tribunal;
17.2.2 17.2.2. information is in the possession of the Authority without restriction as to its disclosure prior to its disclosure by the Contractor;
17.2.3 17.2.3. information is obtained from a third party (who lawfully acquired it) without restriction as to its disclosure;
17.2.4 17.2.4. information is already in the public domain at the time of disclosure otherwise than by a breach of the Framework Agreement; or
17.2.5 17.2.5. information is independently developed without access to the Contractor Sensitive Information.
17.3 17.3. Nothing in this Framework Agreement prevents the Authority from disclosing any Contractor Sensitive Information or any other information concerning the Contractor or the Framework Agreement:
17.3.1 17.3.1. pursuant to a Request for Information concerning the information (see clause 15 (Transparency and Freedom of Information));
17.3.2 17.3.2. in accordance with the Authority’s publication scheme (within the meaning of section 23 of FOISA) as reviewed from time to time;
17.3.3 17.3.3. in accordance with the requirements of Part 3 of the Public Services Reform (Scotland) ▇▇▇ ▇▇▇▇Act 2010;
17.3.4 17.3.4. in accordance with any future policies of the Authority concerning the routine disclosure of government information in the interests of transparency;
17.3.5 17.3.5. to any consultant, contractor or other person engaged by the Authority, for example to conduct a gateway review;
17.3.6 17.3.6. in response to a Parliamentary Question from a Member of the Scottish Parliament, a Member of the United Kingdom Parliament or any other department, office or agency of Her Majesty’s Government in Scotland or the United Kingdom, and their servants or agents, when disclosing such information to either the Scottish Parliament or the United Kingdom Parliament it is recognised and agreed by both parties that the Authority shall if the Authority sees fit disclose such information but is unable to impose any restrictions upon the information that the Authority provides to Members of the Scottish Parliament, or Members of the United Kingdom Parliament;
17.3.7 in response to any inquiry of the European Commission concerning the Framework Agreement; or
17.3.8 17.3.7. for the purpose of any examination by any auditors of the Authority (including Audit Scotland, the Auditor General for Scotland and the Scottish Parliament) of the economy, efficiency and effectiveness with which the Authority has used its resources.
17.4 17.4. The Contractor consents to the publication of the Framework Agreement by the Authority, subject to such redactions as the Authority may decide to make. The Authority may consult with the Contractor to inform its decisions concerning redaction (for example to exclude any Contractor Sensitive Information) but any decisions taken by the Authority are final and conclusive.
Appears in 8 contracts
Sources: Framework Agreement, Framework Agreement, Framework Agreement
Contractor Sensitive Information. 17.1 The Authority must:
17.1.1 treat all Contractor Sensitive Information as confidential and safeguard it accordingly; and
17.1.2 not disclose any Contractor Sensitive Information to any other person without the prior written consent of the Contractor.
17.2 Clause 17.1 17 does not apply to the extent that:
17.2.1 disclosure is required by law or by order of any competent court or tribunal;
17.2.2 information is in the possession of the Authority without restriction as to its disclosure prior to its disclosure by the Contractor;
17.2.3 information is obtained from a third party (who lawfully acquired it) without restriction as to its disclosure;
17.2.4 information is already in the public domain at the time of disclosure otherwise than by a breach of the Framework Agreement; or
17.2.5 information is independently developed without access to the Contractor Sensitive Information.
17.3 Nothing in this Framework Agreement prevents the Authority from disclosing any Contractor Sensitive Information or any other information concerning the Contractor or the Framework Agreement:
17.3.1 pursuant to a Request for Information concerning the information (see clause 15 (Transparency and Freedom of Information));
17.3.2 in accordance with the Authority’s publication scheme (within the meaning of section 23 of FOISA) as reviewed from time to time;
17.3.3 in accordance with the requirements of Part 3 of the Public Services Reform (Scotland) ▇▇▇ ▇▇▇▇;
17.3.4 in accordance with any future policies of the Authority concerning the routine disclosure of government information in the interests of transparency;
17.3.5 to any consultant, contractor or other person engaged by the Authority, for example to conduct a gateway review;
17.3.6 in response to a Parliamentary Question from a Member of the Scottish Parliament, a Member of the United Kingdom Parliament or any other department, office or agency of Her Majesty’s Government in Scotland or the United Kingdom, and their servants or agents, when disclosing such information to either the Scottish Parliament or the United Kingdom Parliament it is recognised and agreed by both parties that the Authority shall if the Authority sees fit disclose such information but is unable to impose any restrictions upon the information that the Authority provides to Members of the Scottish Parliament, or Members of the United Kingdom Parliament;
17.3.7 in response to any inquiry of the European Commission concerning the Framework Agreement; or
17.3.8 for the purpose of any examination by any auditors of the Authority (including Audit Scotland, the Auditor General for Scotland and the Scottish Parliament) of the economy, efficiency and effectiveness with which the Authority has used its resources.
17.4 The Contractor consents to the publication of the Framework Agreement by the Authority, subject to such redactions as the Authority may decide to make. The Authority may consult with the Contractor to inform its decisions concerning redaction (for example to exclude any Contractor Sensitive Information) but any decisions taken by the Authority are final and conclusive.
18.1 In this Clause 18, the following terms have the following meanings:-
18.1.1 The ‘Act’ means the Public Records (Scotland) ▇▇▇ ▇▇▇▇;
18.1.2 ‘Records Management Plan’ means the plan prepared by the Authority and approved by the Keeper of the Records of Scotland under section 1 of the Act;
18.2 The Contractor must retain and maintain until 5 years after the end of the Framework Agreement period full and accurate records of the Framework Agreement including the Orders placed, the Services provided and payments made and reimbursed under it.
18.3 The Contractor must on request, and without any charge to the Authority, afford the Authority, or the Authority’s representatives, such access to those records as may reasonably be requested by the Authority in connection with the Framework Agreement.
18.4 The Contractor shall, for the duration of the Framework Agreement, provide the Authority with all assistance requested by the Authority acting reasonably to assist the Authority in complying with its obligations under the Act and with the Authority’s Records Management Plan where such compliance is in respect of records created or to be created by the Contractor on behalf of the Authority in terms of this Framework Agreement. This assistance will be at no cost to the Authority.
18.5 At the end of the Framework Agreement, the Contractor shall transfer the records in question to the Authority, such transfer to include full ownership of the records including all Intellectual Property Rights in relation thereto. The transfer shall be at no cost to the Authority. The Contractor shall ensure that all relevant information reasonably required to locate individual items within the records, including metadata and database schema, are also offered to the Authority on the same terms.
18.6 If the Contractor shall become bankrupt (whether voluntarily or compulsorily), unable to pay its debts, insolvent or make arrangements with its creditors or if any resolution is adopted for the winding up of any party, or if a receiver, administrator or administrative receiver is appointed over the whole or any part of its assets or if either party goes into liquidation (whether voluntarily or compulsorily), otherwise than for the purposes of amalgamation or reconstruction or any form of execution levied upon its assets, then immediately upon the occurrence of any of these events, the records which would, in terms of clause 18.5 fall to be offered to the Authority shall be deemed to be held on trust by the Contractor on behalf of the Authority. The Contractor shall thereafter, if and when so required by the Authority, transfer the records in question to the Authority, such transfer to be on the same terms as would apply to a transfer made in terms of clause 18.5.
Appears in 8 contracts
Sources: Framework Agreement, Framework Agreement, Framework Agreement
Contractor Sensitive Information. 17.1 17.1. The Authority must:
17.1.1 17.1.1. treat all Contractor Sensitive Information as confidential and safeguard it accordingly; and
17.1.2 17.1.2. not disclose any Contractor Sensitive Information to any other person without the prior written consent of the Contractor.
17.2 17.2. Clause 17.1 does not apply to the extent that:
17.2.1 17.2.1. disclosure is required by law or by order of any competent court or tribunal;
17.2.2 17.2.2. information is in the possession of the Authority without restriction as to its disclosure prior to its disclosure by the Contractor;
17.2.3 17.2.3. information is obtained from a third party (who lawfully acquired it) without restriction as to its disclosure;
17.2.4 17.2.4. information is already in the public domain at the time of disclosure otherwise than by a breach of the Framework Agreement; or
17.2.5 17.2.5. information is independently developed without access to the Contractor Sensitive Information.
17.3 17.3. Nothing in this Framework Agreement prevents the Authority from disclosing any Contractor Sensitive Information or any other information concerning the Contractor or the Framework Agreement:
17.3.1 17.3.1. pursuant to a Request for Information concerning the information (see clause 15 (Transparency and Freedom of Information));
17.3.2 17.3.2. in accordance with the Authority’s publication scheme (within the meaning of section 23 of FOISA) as reviewed from time to time;
17.3.3 17.3.3. in accordance with the requirements of Part 3 of the Public Services Reform (Scotland) ▇▇▇ ▇▇▇▇;
17.3.4 17.3.4. in accordance with any future policies of the Authority concerning the routine disclosure of government information in the interests of transparency;
17.3.5 17.3.5. to any consultant, contractor or other person engaged by the Authority, for example to conduct a gateway review;
17.3.6 17.3.6. in response to a Parliamentary Question from a Member of the Scottish Parliament, a Member of the United Kingdom Parliament or any other department, office or agency of Her Majesty’s Government in Scotland or the United Kingdom, and their servants or agents, when disclosing such information to either the Scottish Parliament or the United Kingdom Parliament it is recognised and agreed by both parties that the Authority shall if the Authority sees fit disclose such information but is unable to impose any restrictions upon the information that the Authority provides to Members of the Scottish Parliament, or Members of the United Kingdom Parliament;
17.3.7 17.3.7. in response to any inquiry of the European Commission concerning the Framework Agreement; or
17.3.8 17.3.8. for the purpose of any examination by any auditors of the Authority (including Audit Scotland, the Auditor General for Scotland and the Scottish Parliament) of the economy, efficiency and effectiveness with which the Authority has used its resources.
17.4 17.4. The Contractor consents to the publication of the Framework Agreement by the Authority, subject to such redactions as the Authority may decide to make. The Authority may consult with the Contractor to inform its decisions concerning redaction (for example to exclude any Contractor Sensitive Information) but any decisions taken by the Authority are final and conclusive.
Appears in 2 contracts
Sources: Framework Agreement, Framework Agreement
Contractor Sensitive Information. 17.1 The Authority must:
17.1.1 treat all Contractor Sensitive Information as confidential and safeguard it accordingly; and
17.1.2 not disclose any Contractor Sensitive Information to any other person without the prior written consent of the Contractor.
17.2 Clause 17.1 17 does not apply to the extent that:
17.2.1 disclosure is required by law or by order of any competent court or tribunal;
17.2.2 information is in the possession of the Authority without restriction as to its disclosure prior to its disclosure by the Contractor;
17.2.3 information is obtained from a third party (who lawfully acquired it) without restriction as to its disclosure;
17.2.4 information is already in the public domain at the time of disclosure otherwise than by a breach of the Framework Agreement; or
17.2.5 information is independently developed without access to the Contractor Sensitive Information.
17.3 Nothing in this Framework Agreement prevents the Authority from disclosing any Contractor Sensitive Information or any other information concerning the Contractor or the Framework Agreement:
17.3.1 pursuant to a Request for Information concerning the information (see clause 15 (Transparency and Freedom of Information));
17.3.2 in accordance with the Authority’s publication scheme (within the meaning of section 23 of FOISA) as reviewed from time to time;
17.3.3 in accordance with the requirements of Part 3 of the Public Services Reform (Scotland) ▇▇▇ ▇▇▇▇Act 2010;
17.3.4 in accordance with any future policies of the Authority concerning the routine disclosure of government information in the interests of transparency;
17.3.5 to any consultant, contractor or other person engaged by the Authority, for example to conduct a gateway review;
17.3.6 in response to a Parliamentary Question from a Member of the Scottish Parliament, a Member of the United Kingdom Parliament or any other department, office or agency of Her Majesty’s Government in Scotland or the United Kingdom, and their servants or agents, when disclosing such information to either the Scottish Parliament or the United Kingdom Parliament it is recognised and agreed by both parties that the Authority shall if the Authority sees fit disclose such information but is unable to impose any restrictions upon the information that the Authority provides to Members of the Scottish Parliament, or Members of the United Kingdom Parliament;
17.3.7 in response to any inquiry of the European Commission concerning the Framework Agreement; or
17.3.8 for the purpose of any examination by any auditors of the Authority (including Audit Scotland, the Auditor General for Scotland and the Scottish Parliament) of the economy, efficiency and effectiveness with which the Authority has used its resources.
17.4 The Contractor consents to the publication of the Framework Agreement by the Authority, subject to such redactions as the Authority may decide to make. The Authority may consult with the Contractor to inform its decisions concerning redaction (for example to exclude any Contractor Sensitive Information) but any decisions taken by the Authority are final and conclusive.
18.1 In this Clause 18, the following terms have the following meanings:-
18.1.1 The ‘Act’ means the Public Records (Scotland) Act 2011;
18.1.2 ‘Records Management Plan’ means the plan prepared by the Authority and approved by the Keeper of the Records of Scotland under section 1 of the Act;
18.2 The Contractor must retain and maintain until 5 years after the end of the Framework Agreement period full and accurate records of the Framework Agreement including the Orders placed, the Services provided and payments made and reimbursed under it.
18.3 The Contractor must on request, and without any charge to the Authority, afford the Authority, or the Authority’s representatives, such access to those records as may reasonably be requested by the Authority in connection with the Framework Agreement.
18.4 The Contractor shall, for the duration of the Framework Agreement, provide the Authority with all assistance requested by the Authority acting reasonably to assist the Authority in complying with its obligations under the Act and with the Authority’s Records Management Plan where such compliance is in respect of records created or to be created by the Contractor on behalf of the Authority in terms of this Framework Agreement. This assistance will be at no cost to the Authority.
18.5 At the end of the Framework Agreement, the Contractor shall transfer the records in question to the Authority, such transfer to include full ownership of the records including all Intellectual Property Rights in relation thereto. The transfer shall be at no cost to the Authority. The Contractor shall ensure that all relevant information reasonably required to locate individual items within the records, including metadata and database schema, are also offered to the Authority on the same terms.
18.6 If the Contractor shall become bankrupt (whether voluntarily or compulsorily), unable to pay its debts, insolvent or make arrangements with its creditors or if any resolution is adopted for the winding up of any party, or if a receiver, administrator or administrative receiver is appointed over the whole or any part of its assets or if either party goes into liquidation (whether voluntarily or compulsorily), otherwise than for the purposes of amalgamation or reconstruction or any form of execution levied upon its assets, then immediately upon the occurrence of any of these events, the records which would, in terms of clause 18.5 fall to be offered to the Authority shall be deemed to be held on trust by the Contractor on behalf of the Authority. The Contractor shall thereafter, if and when so required by the Authority, transfer the records in question to the Authority, such transfer to be on the same terms as would apply to a transfer made in terms of clause 18.5.
Appears in 2 contracts
Sources: Framework Agreement, Framework Agreement
Contractor Sensitive Information. 17.1 The Authority must:
17.1.1 : treat all Contractor Sensitive Information as confidential and safeguard it accordingly; and
17.1.2 and not disclose any Contractor Sensitive Information to any other person without the prior written consent of the Contractor.
17.2 . Clause 17.1 3.1 does not apply to the extent that:
17.2.1 : disclosure is required by law or by order of any competent court or tribunal;
17.2.2 ; information is in the possession of the Authority without restriction as to its disclosure prior to its disclosure by the Contractor;
17.2.3 ; information is obtained from a third party (who lawfully acquired it) without restriction as to its disclosure;
17.2.4 ; information is already in the public domain at the time of disclosure otherwise than by a breach of the Framework Agreement; or
17.2.5 or information is independently developed without access to the Contractor Sensitive Information.
17.3 . Nothing in this Framework Agreement prevents the Authority from disclosing any Contractor Sensitive Information or any other information concerning the Contractor or the Framework Agreement:
17.3.1 : pursuant to a Request for Information concerning the information (see clause 15 (Transparency and Freedom of Information));
17.3.2 ; in accordance with the Authority’s publication scheme (within the meaning of section 23 of FOISA) as reviewed from time to time;
17.3.3 ; in accordance with the requirements of Part 3 of the Public Services Reform (Scotland) ▇▇▇ ▇▇▇▇;
17.3.4 ; in accordance with any future policies of the Authority concerning the routine disclosure of government information in the interests of transparency;
17.3.5 ; to any consultant, contractor or other person engaged by the Authority, for example to conduct a gateway review;
17.3.6 ; in response to a Parliamentary Question from a Member of the Scottish Parliament, a Member of the United Kingdom Parliament or any other department, office or agency of Her Majesty’s Government in Scotland or the United Kingdom, and their servants or agents, when disclosing such information to either the Scottish Parliament or the United Kingdom Parliament it is recognised and agreed by both parties that the Authority shall if the Authority sees fit disclose such information but is unable to impose any restrictions upon the information that the Authority provides to Members of the Scottish Parliament, or Members of the United Kingdom Parliament;
17.3.7 ; in response to any inquiry of the European Commission concerning the Framework Agreement; or
17.3.8 or for the purpose of any examination by any auditors of the Authority (including Audit Scotland, the Auditor General for Scotland and the Scottish Parliament) of the economy, efficiency and effectiveness with which the Authority has used its resources.
17.4 . The Contractor consents to the publication of the Framework Agreement by the Authority, subject to such redactions as the Authority may decide to make. The Authority may consult with the Contractor to inform its decisions concerning redaction (for example to exclude any Contractor Sensitive Information) but any decisions taken by the Authority are final and conclusive. Guidance notes: Given FOI and transparency considerations, the non-disclosure requirements on the Authority are much less extensive than those applicable to the Authority. Nothing that the SG has to proactively publish will breach this clause. Previously used clauses tend to include a tension between “all Authority information is confidential” and “everything can nonetheless be disclosed” so this clause attempts to set a fair balance taking into account transparency requirements. The Contractor must retain and maintain until 5 years after the end of the Framework Agreement period full and accurate records of the Framework Agreement including the Orders placed, the Services provided and payments made and reimbursed under it. The Contractor must on request, and without any charge to the Authority, afford the Authority, or the Authority’s representatives, such access to those records as may reasonably be requested by the Authority in connection with the Framework Agreement.]
Appears in 2 contracts
Sources: Framework Agreement, Framework Agreement
Contractor Sensitive Information. 17.1 17.1. The Authority must:
17.1.1 17.1.1. treat all Contractor Sensitive Information as confidential and safeguard it accordingly; and
17.1.2 17.1.2. not disclose any Contractor Sensitive Information to any other person without the prior written consent of the Contractor.
17.2 17.2. Clause 17.1 does not apply to the extent that:
17.2.1 17.2.1. disclosure is required by law or by order of any competent court or tribunal;
17.2.2 17.2.2. information is in the possession of the Authority without restriction as to its disclosure prior to its disclosure by the Contractor;
17.2.3 17.2.3. information is obtained from a third party (who lawfully acquired it) without restriction as to its disclosure;
17.2.4 17.2.4. information is already in the public domain at the time of disclosure otherwise than by a breach of the Framework Agreement; or
17.2.5 17.2.5. information is independently developed without access to the Contractor Sensitive Information.
17.3 17.3. Nothing in this Framework Agreement prevents the Authority from disclosing any Contractor Sensitive Information or any other information concerning the Contractor or the Framework Agreement:
17.3.1 17.3.1. pursuant to a Request for Information concerning the information (see clause Clause 15 (Transparency and Freedom of Information));
17.3.2 17.3.2. in accordance with the Authority’s 's publication scheme (within the meaning of section 23 of FOISA) as reviewed from time to time;
17.3.3 17.3.3. in accordance with the requirements of Part 3 of the Public Services Reform (Scotland) ▇▇▇ ▇▇▇▇;
17.3.4 17.3.4. in accordance with any future policies of the Authority concerning the routine disclosure of government information in the interests of transparency;
17.3.5 17.3.5. to any consultant, contractor or other person engaged by the Authority, for example to conduct a gateway review;
17.3.6 17.3.6. in response to a Parliamentary Question from a Member of the Scottish Parliament, a Member of the United Kingdom Parliament or any other department, office or agency of Her Majesty’s 's Government in Scotland or the United Kingdom, and their servants or agents, when disclosing such information to either the Scottish Parliament or the United Kingdom Parliament it is recognised and agreed by both parties that the Authority shall if the Authority sees fit disclose such information but is unable to impose any restrictions upon the information that the Authority provides to Members of the Scottish Parliament, or Members of the United Kingdom Parliament;
17.3.7 17.3.7. in response to any inquiry of the European Commission concerning the Framework Agreement; or
17.3.8 17.3.8. for the purpose of any examination by any auditors of the Authority (including Audit Scotland, the Auditor General for Scotland and the Scottish Parliament) of the economy, efficiency and effectiveness with which the Authority has used its resources.
17.4 17.4. The Contractor consents to the publication of the Framework Agreement by the Authority, subject to such redactions as the Authority may decide to make. The Authority may consult with the Contractor to inform its decisions concerning redaction (for example to exclude any Contractor Sensitive Information) but any decisions taken by the Authority are final and conclusive. Previously used clauses tend to include a tension between "all Authority information is confidential" and "everything can nonetheless be disclosed" so this clause attempts to set a fair balance taking into account transparency requirements.
Appears in 1 contract
Sources: Framework Agreement
Contractor Sensitive Information. 17.1 17.1. The Authority Purchaser must:
17.1.1 17.1.1. treat all Contractor Sensitive Information as confidential and safeguard it accordingly; and
17.1.2 17.1.2. not disclose any Contractor Sensitive Information to any other person without the prior written consent of the Contractor.
17.2 17.2. Clause 17.1 does not apply to the extent that:
17.2.1 17.2.1. disclosure is required by law or by order of any competent court or tribunal;
17.2.2 17.2.2. information is in the possession of the Authority Purchaser without restriction as to its disclosure prior to its disclosure by the Contractor;
17.2.3 17.2.3. information is obtained from a third party (who lawfully acquired it) without restriction as to its disclosure;
17.2.4 17.2.4. information is already in the public domain at the time of disclosure otherwise than by a breach of the Framework AgreementContract; or
17.2.5 17.2.5. information is independently developed without access to the Contractor Sensitive Information.
17.3 17.3. Nothing in this Framework Agreement Contract prevents the Authority Purchaser from disclosing any Contractor Sensitive Information or any other information concerning the Contractor or the Framework AgreementContract:
17.3.1 17.3.1. pursuant to a Request for Information concerning the information (see clause 15 (Transparency and Freedom of Information));
17.3.2 17.3.2. in accordance with the AuthorityPurchaser’s publication scheme (within the meaning of section 23 of FOISA) as reviewed from time to time;
17.3.3 17.3.3. in accordance with the requirements of Part 3 of the Public Services Reform (Scotland) ▇▇▇ ▇▇▇▇Act 2010;
17.3.4 17.3.4. in accordance with any future policies of the Authority Purchaser concerning the routine disclosure of government information in the interests of transparency;
17.3.5 17.3.5. to any consultant, contractor Contractor or other person engaged by the AuthorityPurchaser, for example to conduct a gateway review;
17.3.6 17.3.6. in response to a Parliamentary Question from a Member of the Scottish ParliamentParliament , a Member member of the United Kingdom Parliament Parliament, or any other department, office or agency of Her Majesty’s Government in Scotland or the United Kingdom, and their servants or agents, and when disclosing such information to either the Scottish Parliament or the United Kingdom Parliament it is recognised and agreed by both parties that the Authority Purchaser shall if the Authority Purchaser sees fit disclose such information but is unable to impose any restrictions upon the information that the Authority Purchaser provides to Members of the Scottish Parliament, Parliament or Members of the United Kingdom Parliament;
17.3.7 17.3.7. in response to any inquiry of the European Commission concerning the Framework AgreementContract; or
17.3.8 for the purpose of any examination by any auditors of the Authority (including Audit Scotland, the Auditor General for Scotland and the Scottish Parliament) of the economy, efficiency and effectiveness with which the Authority has used its resources.
17.4 The Contractor consents to the publication of the Framework Agreement by the Authority, subject to such redactions as the Authority may decide to make. The Authority may consult with the Contractor to inform its decisions concerning redaction (for example to exclude any Contractor Sensitive Information) but any decisions taken by the Authority are final and conclusive.
Appears in 1 contract
Sources: Services Contract
Contractor Sensitive Information. 17.1 The Authority Purchaser must:
17.1.1 : treat all Contractor Sensitive Information as confidential and safeguard it accordingly; and
17.1.2 and not disclose any Contractor Sensitive Information to any other person without the prior written consent of the Contractor.
17.2 . Clause 17.1 does not apply to the extent that:
17.2.1 : disclosure is required by law or by order of any competent court or tribunal;
17.2.2 ; information is in the possession of the Authority Purchaser without restriction as to its disclosure prior to its disclosure by the Contractor;
17.2.3 ; information is obtained from a third party (who lawfully acquired it) without restriction as to its disclosure;
17.2.4 ; information is already in the public domain at the time of disclosure otherwise than by a breach of the Framework AgreementContract; or
17.2.5 or information is independently developed without access to the Contractor Sensitive Information.
17.3 . Nothing in this Framework Agreement Contract prevents the Authority Purchaser from disclosing any Contractor Sensitive Information or any other information concerning the Contractor or the Framework Agreement:
17.3.1 Contract: pursuant to a Request for Information concerning the information (see clause 15 (Transparency and Freedom of Information));
17.3.2 ; in accordance with the AuthorityPurchaser’s publication scheme (within the meaning of section 23 of FOISA) as reviewed from time to time;
17.3.3 ; in accordance with the requirements of Part 3 of the Public Services Reform (Scotland) ▇▇▇ ▇▇▇▇;
17.3.4 Act 2010; in accordance with any future policies of the Authority Purchaser concerning the routine disclosure of government information in the interests of transparency;
17.3.5 ; to any consultant, contractor Contractor or other person engaged by the AuthorityPurchaser, for example to conduct a gateway review;
17.3.6 ; in response to a Parliamentary Question from a Member of the Scottish ParliamentParliament , a Member member of the United Kingdom Parliament Parliament, or any other department, office or agency of Her Majesty’s Government in Scotland or the United Kingdom, and their servants or agents, and when disclosing such information to either the Scottish Parliament or the United Kingdom Parliament it is recognised and agreed by both parties that the Authority Purchaser shall if the Authority Purchaser sees fit disclose such information but is unable to impose any restrictions upon the information that the Authority Purchaser provides to Members of the Scottish Parliament, Parliament or Members of the United Kingdom Parliament;
17.3.7 ; in response to any inquiry of the European Commission concerning the Framework AgreementContract; or
17.3.8 or for the purpose of any examination by any auditors of the Authority Purchaser (including Audit Scotland, the Auditor General for Scotland and the Scottish Parliament) of the economy, efficiency and effectiveness with which the Authority Contractor has used its resources.
17.4 . The Contractor consents to the publication of the Framework Agreement Contract by the AuthorityPurchaser, subject to such redactions as the Authority Purchaser may decide to make. The Authority Purchaser may consult with the Contractor to inform its decisions concerning redaction (for example to exclude any Contractor Sensitive Information) but any decisions taken by the Authority Purchaser are final and conclusive.
Appears in 1 contract
Sources: Services Contract