FOIA Sample Clauses
The FOIA clause addresses the handling of information requests under the Freedom of Information Act (FOIA). It typically outlines the obligations of the parties when a request for disclosure of contract-related information is received by a government agency, specifying procedures for notification, review, and possible redaction of sensitive or proprietary data. This clause ensures that confidential or commercially sensitive information is protected to the extent permitted by law, while also facilitating compliance with statutory transparency requirements.
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FOIA. 32.1 Where a Party receives a request for information (the “Disclosing Party”) that is held on behalf of the Disclosing Party by the other Party then such co- operation shall include without limitation the provision of the requested information to the Disclosing Party by the other Party within a reasonable time- scale to enable the Disclosing Party to comply with the request for information within the timescales required by FOIA and/or the EIRs.
32.2 Where a Party (the “Disclosing Party”) receives a written request for information which is covered by FOIA and/or the EIRs and which relates to the other Party’s Confidential Information (the “Requested Information”) the Parties shall comply with the procedure set out in clauses 32.2(a) to 32.2(f):
(a) subject to clause 32.2(d), the Disclosing Party shall before making any disclosure of the Requested Information and as soon as reasonably practicable after receiving an FOIA or EIRs request notify the other Party of the receipt of such request and of the nature and extent of the information covered by the request;
(b) following notification under clause 32.2(a), the other Party may make representations in writing to the Disclosing Party as to whether and on what basis the Requested Information is covered by any exemption in the FOIA or EIRs and should not therefore be disclosed, including where relevant any representations as to the balance of the public interests in disclosure and non-disclosure. Such representations shall be provided to the Disclosing Party no later than five (5) working days following the notification under clause 32.2(a) and any representations received after this time shall not be taken into account by the Disclosing Party;
(c) the Disclosing Party shall reasonably consider any representations and recommendations made by the other Party under clause 32.2(b) before reaching a decision on whether it must and will disclose the Requested Information. However, the Parties acknowledge that in all cases it is for the Disclosing Party (having full regard to any guidance or codes of practice issued by the Information Commissioner or by a relevant Government Department) to determine whether it is obliged to disclose the Requested Information under FOIA and EIRs including where the public interest lies in relation to disclosure;
(d) notwithstanding clause 32.2(a) the Disclosing Party shall not notify the other Party under clause 32.2(a) where the Disclosing Party has already decided that it does not i...
FOIA. Under the FOIA, we are also required to make available to the public the instructional manuals issued to our employees, general statements of policy, and other materials which are used in processing claims and which are not published in the FED- ERAL REGISTER, and an index of these manuals and materials.
FOIA. The District of Columbia Freedom of Information Act, at D.C. Official Code §2- 532 (a-3), requires the District to make available for inspection and copying any record produced or collected pursuant to a District contract with a private contractor to perform a public function, to the same extent as if the record were maintained by the agency on whose behalf the contract is made. If Subcontractor receives a request for such information, Subcontractor will immediately send the request to the CA who will provide the request to the FOIA Officer for the agency with programmatic responsibility in accordance with the D.C. Freedom of Information Act. If the agency with programmatic responsibility receives a request for a record maintained by Subcontractor pursuant to this Subcontract, the CA will forward a copy to Subcontractor. In either event, Subcontractor is required by law to provide all responsive records to the CA within the timeframe designated by the CA. The FOIA Officer for the agency with programmatic responsibility will determine the release-ability of the records.
FOIA. The Industry Parties acknowledge and agree that the RPO Parties may be subject to FOIA and the codes of practice issued under FOIA as may be amended, updated or replaced from time to time. The RPO Parties agree that all requests under FOIA relating to this Agreement and any other relevant records will be processed by the RPO Party under the terms of FOIA. The RPO Parties and the other relevant Parties shall communicate and cooperate in relation to the processing of any requests under FOIA.]8
FOIA. The Operator acknowledges that documents submitted to the City by Operator—both during the term of this MOU and/or as part of any proposal, quote, or presentation made by Operator to the City—constitute public records that may be subject to public disclosure and/or production under the Virginia Freedom of Information Act (VFOIA). Any information contained in any document or record, which Operator considers confidential or of a proprietary nature must be noted at the time of submission. If the City receives a public disclosure request, whether informally or formally, from any person or entity, for such information or documents, the City agrees to immediately notify Operator. The City also agrees to work with Operator to determine whether any information and/or documents may be protected from disclosure or production under VFOIA; and will act reasonably in this regard. Nothing contained in this MOU shall affect the City’s rights and obligations with respect to disclosure or production of records in accordance with VFOIA or other applicable law.
FOIA. As an independent contractor of the School District, records in the possession of the Consultant related to this Agreement may be subject to the Illinois Freedom of Information Act (“FOIA”), 5 ILCS 140/5-1 et seq.; 5 ILCS 140/7(2). The Consultant, at the Consultant’s cost, shall immediately provide the School District with any such records requested by the School District in order to timely respond to any FOIA request received by the School District. The School District will review all such records to determine whether FOIA exemptions apply before disclosing the records, such that information properly exempt as proprietary or prohibited from release by other laws or exempt for other reasons will not be released. If the Consultant refuses to provide a record that is the subject of a FOIA request to the School District and the Attorney General or a court of competent jurisdiction subsequently requires the release of the record or penalizes the School District in any way, the Consultant shall reimburse the School District for all costs, including attorneys’ fees, incurred by the School District related to the FOIA request and records at issue.
FOIA. This Agreement and all related public records maintained by, provided to, or required to be provided to DoIT or the State of Illinois are subject to the Illinois Freedom of Information Act notwithstanding any provision to the contrary that may be found in this Agreement. 5 ILCS 140.
FOIA. To the extent that University has an obligation not to disclose information under the Agreement, such obligation is subject to any obligations of University pursuant to the Arkansas Freedom of Information Act.
FOIA. Sprint acknowledges that the Agreement and the Confidential Information may be subject to disclosure in whole or in part under applicable Freedom of Information, Open Records, or Sunshine laws and regulations (collectively “FOIA”). End User will provide Sprint with prompt notice of any FOIA requests or intended disclosures, citations to or copies of applicable FOIA for review, and an appropriate opportunity to seek protection of Sprint Confidential Information.
FOIA. You must tell us within 48 hours if you receive a Request for Information. Within the timescales required by us, you must give to us full co-operation and information needed so that we can comply with any Request for Information. You acknowledge that we may be required under the FOIA and EIRs to disclose information (including Confidential Information and Commercially Sensitive Information) without consulting or obtaining your consent. However, to the extent that we are permitted to do so, we shall, in relation to any Request for Information relating to Confidential Information or Commercially Sensitive Information about you: • notify you of such Request for Information as soon as is reasonably practicable; and • allow you to make representations in relation to any exemptions that you consider may apply to the disclosure of its information under the Request for Information and take such representations into account when making its decision of what it will disclose. Notwithstanding any other provision in this Service Level Agreement, we shall be responsible for determining in our absolute discretion whether any Commercially Sensitive Information and/or any other information is exempt from disclosure in accordance with the FOIA and/or the EIRs.