FREEDOM OF INFORMATION LAW. During the evaluation process, the content of each Bid will be held in confidence and details of any Bid will not be revealed (except as may be required under the Freedom of Information Law or other State law). The Freedom of Information Law provides for an exemption from disclosure for trade secrets or information the disclosure of which would cause injury to the competitive position of commercial enterprises. This exception would be effective both during and after the evaluation process. If the Bid contains any such trade secret or other confidential or proprietary information, it must be accompanied in the Bid with a written request to the Commissioner to not disclose such information. Such request must state with particularity the reasons why the information should not be available for disclosure and must be provided at the time of submission of the Bid. Notations in the header, footer or watermark of the Bid Document will not be considered sufficient to constitute a request for non-disclosure of trade secret or other confidential or proprietary information. Where a Freedom of Information request is made for trademark or other confidential or proprietary information, the Commissioner reserves the right to determine upon written notice to the Bidder whether such information qualifies for the exemption for disclosure under the law. Notwithstanding the above, where a Bid tabulation is prepared and Bids publicly opened, such Bid tabulation shall be available upon request.
FREEDOM OF INFORMATION LAW. Seller acknowledges that NYSERDA is subject to and must comply with the requirements of New York’s Freedom of Information Law (“FOIL;” see Public Officers’ Law Article 6).
FREEDOM OF INFORMATION LAW. Seller acknowledges that NYSERDA is subject to and must comply with the requirements of New York’s Freedom of Information Law (“FOIL;” see Public Officers’ Law Article 6); 21 NYCRR Part 501. The FOIL Law (Public Officers Law § 87(d)(2)) provides an exception to disclosure for records or portions thereof for numerous reasons, including but not limited to protected material that “are trade secrets or are submitted to an agency by a commercial enterprise or derived from information obtained from a commercial enterprise and which if disclosed would cause substantial injury to the competitive position of the subject enterprise.” If NYSERDA receives a request from a third party for information or a document received from Seller and which has been marked “Confidential” or “Proprietary,” NYSERDA will process such request under the procedures provided by NYSERDA’s FOIL regulations (21 NYCRR Part 501).
FREEDOM OF INFORMATION LAW. Notwithstanding anything to the contrary set forth herein or in any other agreement or instrument, information provided to the Administrator may be subject to disclosure under New York’s Freedom of Information Law, Article 6 of the Public Officers Law (“FOIL”) when the information requested does not fall into one of FOIL’s exceptions to disclosure, which determination shall be made by the Administrator.
FREEDOM OF INFORMATION LAW. This paragraph 3 of Section 11 shall apply only after written notice by Grantee that certain information provided to the County is Grantee’s Confidential Information. In the event that the County or any of the County’s members, officers, agents or representatives is requested or required (by oral question, interrogatory, request for information or document in a legal proceeding, subpoena, civil investigative demand or other similar process) to disclose any Confidential Information relative to Grantee, the County shall provide Grantee with prompt written notice of any such request or requirement so that Grantee may seek a protective order or other appropriate remedy and/or waive compliance with this provision of the Grant Agreement. Furthermore, in recognition of the fact that the County is subject to laws requiring disclosure of public documents, including the Freedom of Information Law (“FOIL”), the parties agree that in the event that the County receives a request or order for the release of Grantee’s Confidential Information, the County shall provide Grantee with prompt notice thereof so that Grantee may seek a protective order or other appropriate remedy prior to such disclosure, if Grantee chooses to do so. If, in the absence of a protective order or waiver from Grantee, the County is nonetheless, in the opinion of the County Attorney and after consultation with Grantee, compelled to disclose some portion of Grantee’s confidential information, the County may disclose such information to such person without penalty under the terms of this Grant Agreement and shall immediately advise Grantee of such disclosure.
FREEDOM OF INFORMATION LAW. Contractor is advised that an Authorized User may be subject to the Freedom of Information Law (FOIL), which governs the process for the public disclosure of certain records maintained by covered entities (see Article 6 of the Public Officers Law). The Contractor may request that Authorized Users subject to FOIL except from public disclosure trade secrets or information the disclosure of which would cause injury to the competitive position of commercial enterprises. Such exception may extend to information contained in the request for exception itself, if public disclosure would defeat the purpose for which the exception is sought. The request for such an exception must be in writing and should be made in a cover letter to the report or document. The request must state the reasons for the requested exception and it must clearly specify the portions of the report or document for which the exception is requested. Notations in the header, footer or watermark of a report or document shall not be considered sufficient to constitute a request for non-disclosure of trade secret or other confidential or proprietary information. If Authorized User grants the Contractor’s request for exception from disclosure, an Authorized User is encouraged to keep such report or document in secure facilities and to notify the Contractor of any request Authorized User receives for disclosure of the report or document.
FREEDOM OF INFORMATION LAW. Disclosures required by New York’s Freedom of Information Law (“FOIL”) shall not be considered a breach of any confidentiality provisions in this Agreement. Should Consultant provide the City with any records it deems confidential and exempt from FOIL, Consultant shall clearly mark such portions of those records as confidential and exempt from FOIL disclosure. Upon any request for disclosure of information so marked, the City will inform Consultant of the request and give Consultant ten (10) business days to submit a written statement of necessity for exempting the records from disclosure pursuant to New York Public Officers Law 89(5). As required by the Public Officers Law, the City will issue a determination as to disclosure within seven (7) business days. If the City determines that the records shall be disclosed, Consultant may appeal the City’s determination within seven (7) business days. Thereafter, the City shall respond to Consultant’s appeal within ten (10) business days. If the City issues an adverse determination, Consultant may appeal the decision within fifteen (15) days of service by commencing an Article Seventy-Eight (78) proceeding under New York’s Civil Practice Law and Rules.
FREEDOM OF INFORMATION LAW. Operator acknowledges that ECHDC is subject to the requirements of the Freedom of Information Law and that any information or records submitted by Operator to ECHDC are presumptively subject to disclosure unless specifically exempted by statute. In accordance with Public Officers Law Section 89{5)(a)(3), ECHDC will maintain any information or records that Operator requests be exempted from disclosure pursuant to Public Officers Law 87(2)(d) apart from all over information or records and, in the event of a request under the Freedom of Information Law for such information or records, shall contact Operator to determine the extent to which such information or records might properly be exempted from disclosure.
FREEDOM OF INFORMATION LAW. The NY State FOIL (Freedom of Information Law) provides for public access to information the Client possesses. Public Officers Law, § 87(2)(d) provides for exceptions to disclosure for records or portions thereof that "are trade secrets or are submitted to an agency by a commercial enterprise or derived from information obtained from a commercial enterprise and which if disclosed would cause substantial injury to the competitive position of the subject enterprise". Information submitted to Client that the Company wishes to have treated as proprietary and confidential trade secret information, should be identified and labeled "Confidential" or "Proprietary" on each page at the time of disclosure. This information should include a written request to exempt it from disclosure, including a written statement of the reasons why the information should be exempted. See Public Officers Law, § 89(5) and the procedures set forth in 21 NYCRR Part 501. However, Client cannot guarantee the confidentiality under FOIL of any information submitted.
FREEDOM OF INFORMATION LAW. For a federal Party, the Freedom of Information Act, 5 U.S.C. § 552, et seq., and for a Party that is a state or local government entity or a non-US Party, any state, provincial or local law or regulation requiring public disclosure of non- protected governmental information.
