Common use of Freedom of Information Clause in Contracts

Freedom of Information. The Solicitor acknowledges that the Client is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate with the Client to enable the Client to comply with its Information disclosure obligations. The Solicitor shall and shall procure that its Sub-Contractors shall: transfer to the Client all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client with a copy of all Information relating to a Request for Information in its possession, or control in the form that the Client requires within five (5) Working Days (or such other period as the Client may specify) of the Client's request; and provide all necessary assistance as reasonably requested by the Client to enable the Client to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract or any other contract whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor respond directly to a Request for Information unless authorised in writing to do so by the Client. The Solicitor acknowledges that (notwithstanding the provisions of Clause 6.2) the Client may, acting in accordance with the Ministry of Justice Codes, be obliged under the FOIA or the Environmental Information Regulations to disclose information concerning the Solicitor or the Contract Services: in certain circumstances without consulting the Solicitor; or following consultation with the Solicitor and having taken the Solicitor’s views into account, provided always that where Clause 6.4.6 applies the Client shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor advanced notice, or failing that, to draw the disclosure to the Solicitor's attention after any such disclosure. The Solicitor shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client on reasonable notice to inspect such records as requested from time to time. The Solicitor acknowledges that the Commercially Sensitive Information is of an indicative nature only and that the Client may be obliged to disclose it in accordance with Clause 6.4.5.

Appears in 7 contracts

Samples: data.gov.uk, data.gov.uk, data.gov.uk

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Freedom of Information. The Solicitor Supplier acknowledges that the Client Customer is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate with the Client Customer to enable the Client Customer to comply with its Information disclosure obligations. The Solicitor Supplier shall and shall procure that its Sub-Contractors shall: transfer to the Client Customer all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client Customer with a copy of all Information relating to a Request for Information in its possession, or control in the form that the Client Customer requires within five (5) Working Days (or such other period as the Client Customer may specify) of the ClientCustomer's request; and provide all necessary assistance as reasonably requested by the Client Customer to enable the Client Customer to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the this Call Off Contract or any other contract Call Off Agreement whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor Supplier respond directly to a Request for Information unless authorised in writing to do so by the ClientCustomer. The Solicitor Supplier acknowledges that (notwithstanding the provisions of Clause 6.234 (Confidentiality)) the Client Customer may, acting in accordance with the Ministry of Justice CodesJustice’ (formerly Department of Constitutional Affairs’) Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the FOIA ("the Code"), be obliged under the FOIA FOIA, or the Environmental Information Regulations to disclose information concerning the Solicitor Supplier or the Contract Goods and/or Services: in certain circumstances without consulting the SolicitorSupplier; or following consultation with the Solicitor Supplier and having taken the Solicitor’s their views into account, provided always that where Clause 6.4.6 36.5 applies the Client Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor advanced Supplier advance notice, or failing that, to draw the disclosure to the SolicitorSupplier's attention after any such disclosure. The Solicitor Supplier shall ensure that all Information relating to this Call Off Contract is retained for disclosure in accordance with the provisions of the this Call Off Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client on reasonable notice Customer to inspect such records as requested from time to time. The Solicitor Supplier acknowledges that the Commercially Sensitive Information is of an indicative nature value only and that the Client Customer may be obliged to disclose it in accordance with Clause 6.4.536.5.

Appears in 6 contracts

Samples: data.gov.uk, data.gov.uk, data.gov.uk

Freedom of Information. The Solicitor Supplier acknowledges that the Client Customer is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate with the Client Customer to enable the Client Customer to comply with its Information disclosure obligations. The Solicitor Supplier shall and shall procure that its Sub-Contractors shall: transfer to the Client Customer all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client Customer with a copy of all Information relating to a Request for Information in its possession, or control in the form that the Client Customer requires within five (5) Working Days (or such other period as the Client Customer may specify) of the ClientCustomer's request; and provide all necessary assistance as reasonably requested by the Client Customer to enable the Client Customer to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the this Call Off Contract or any other contract Call Off Agreement whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor Supplier respond directly to a Request for Information unless authorised in writing to do so by the ClientCustomer. The Solicitor Supplier acknowledges that (notwithstanding the provisions of Clause 6.232 (Confidentiality)) the Client Customer may, acting in accordance with the Ministry of Justice CodesJustice’ (formerly Department of Constitutional Affairs’) Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the FOIA ("the Code"), be obliged under the FOIA FOIA, or the Environmental Information Regulations to disclose information concerning the Solicitor Supplier or the Contract Goods and/or Services: in certain circumstances without consulting the SolicitorSupplier; or following consultation with the Solicitor Supplier and having taken the Solicitor’s their views into account, provided always that where Clause 6.4.6 34.5 applies the Client Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor advanced Supplier advance notice, or failing that, to draw the disclosure to the SolicitorSupplier's attention after any such disclosure. The Solicitor Supplier shall ensure that all Information relating to this Call Off Contract is retained for disclosure in accordance with the provisions of the this Call Off Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client on reasonable notice Customer to inspect such records as requested from time to time. The Solicitor Supplier acknowledges that the Commercially Sensitive Information is of an indicative nature value only and that the Client Customer may be obliged to disclose it in accordance with Clause 6.4.534.5.

Appears in 6 contracts

Samples: data.gov.uk, data.gov.uk, data.gov.uk

Freedom of Information. The Solicitor CONTRACTOR acknowledges that the Client CUSTOMER is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate with the Client CUSTOMER to enable the Client CUSTOMER to comply with its Information disclosure obligations. The Solicitor CONTRACTOR shall and shall procure that its Sub-Contractors shall: transfer to the Client CUSTOMER all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client CUSTOMER with a copy of all Information relating to a Request for Information in its possession, possession or control power in the form that the Client CUSTOMER requires within five (5) Working Days (or such other period as the Client CUSTOMER may specify) of the Client's CUSTOMER’s request; and provide all necessary assistance as reasonably requested by the Client CUSTOMER to enable the Client CUSTOMER to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client CUSTOMER shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the this Contract or any other contract agreement whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor CONTRACTOR respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientCUSTOMER. The Solicitor CONTRACTOR acknowledges that (notwithstanding the provisions of this Clause 6.219) the Client CUSTOMER may, acting in accordance with the Ministry Department of Justice CodesConstitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 (“the Code”), be obliged under the FOIA or the Environmental Information Regulations to disclose information concerning the Solicitor CONTRACTOR or the Contract ServicesOrdered IT Products: in certain circumstances without consulting the SolicitorCONTRACTOR; or following consultation with the Solicitor CONTRACTOR and having taken the Solicitor’s their views into account, provided always that where Clause 6.4.6 19.5.1 applies the Client CUSTOMER shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor CONTRACTOR advanced notice, or failing that, to draw the disclosure to the Solicitor's CONTRACTOR’s attention after any such disclosure. The Solicitor CONTRACTOR shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client on reasonable notice CUSTOMER to inspect such records as requested from time to time. The Solicitor CONTRACTOR acknowledges that the Commercially Sensitive Information listed in Schedule 2-10 is of an indicative nature value only and that the Client CUSTOMER may be obliged to disclose it in accordance with Clause 6.4.519.5.

Appears in 5 contracts

Samples: Commoditised It Hardware and Software Framework Agreement, Commoditised It Hardware and Software Framework Agreement, Commoditised It Hardware and Software Framework Agreement

Freedom of Information. The Solicitor Contractor acknowledges that the Client is Authority and Related Organisations are subject to the requirements of the Code of Practice on Government Information, FOIA and the Environmental Information Regulations and shall assist and cooperate co-operate with the Client Authority and the Related Organisations to enable the Client Authority and Related Organisations to comply with its their respective Information disclosure obligations. The Solicitor Contractor shall and shall procure that its Subsub-Contractors contractors shall: transfer to the Client Authority or, as applicable, the relevant Related Organisation all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Business Days of receiving a Request for Information; provide the Client Authority or, as applicable, the relevant Related Organisation with a copy of all Information relating to a Request for Information in its possession, or control power in the form that the Client Authority or, as applicable, the relevant Related Organisation requires within five (5) Working Business Days (or such other period as the Client Authority may specify) of the ClientAuthority's request; and provide all necessary assistance as reasonably requested by the Client Authority to enable the Client Authority or, as applicable, the relevant Related Organisation to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client Authority or, as applicable, the relevant Related Organisation shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract or any other contract agreement whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the Code of Practice on Government Information, FOIA or the Environmental Information Regulations. In no event shall the Solicitor Contractor respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientAuthority or, as applicable, the relevant Related Organisation. The Solicitor Contractor acknowledges that (notwithstanding the provisions of Clause 6.2this clause 48.9 (Freedom of Information)) the Client mayAuthority or, acting in accordance with as applicable, the Ministry of Justice Codes, relevant Related Organisation may be obliged under the FOIA FOIA, or the Environmental Information Regulations to disclose information concerning the Solicitor Contractor or the Contract Services: in certain circumstances without consulting the SolicitorContractor; or following consultation with the Solicitor Contractor and having taken the Solicitor’s their views into account, account provided always that where Clause 6.4.6 clause 48.9.5(a) (Freedom of Information) applies the Client Authority shall (or, as applicable, shall ensure the relevant Related Organisation shall, in accordance with any recommendations of the Code, ) take reasonable steps, where appropriate, to give the Solicitor Contractor advanced notice, or failing that, to draw the disclosure to the SolicitorContractor's attention after any such disclosure. The Solicitor Contractor shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client on reasonable notice Authority and Related Organisations to inspect such records as requested from time to time. The Solicitor Contractor acknowledges that the Commercially Sensitive Information listed in Schedule 15 (Commercially Sensitive Information) is of an indicative nature value only and that the Client Authority and Related Organisations may be obliged to disclose it in accordance with Clause 6.4.5clause 48.9.5 (Freedom of Information).

Appears in 4 contracts

Samples: Marked, data.gov.uk, data.gov.uk

Freedom of Information. The Solicitor Supplier acknowledges that the Client Customer is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate with the Client Customer to enable the Client Customer to comply with its Information disclosure obligations. The Solicitor Supplier shall and shall procure that its Sub-Contractors shall: transfer to the Client Customer all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client Customer with a copy of all Information relating to a Request for Information in its possession, or control in the form that the Client Customer requires within five (5) Working Days (or such other period as the Client Customer may specify) of the ClientCustomer's request; and provide all necessary assistance as reasonably requested by the Client Customer to enable the Client Customer to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Legal Services Contract or any other contract whether the Commercially Sensitive Information and/or any other Information including SolicitorSupplier’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor Supplier respond directly to a Request for Information unless authorised in writing to do so by the ClientCustomer. The Solicitor Supplier acknowledges and agrees that (notwithstanding the provisions of Clause 6.29.2) the Client Customer may, acting in accordance with the Ministry of Justice Codes, be obliged under the FOIA or the Environmental Information Regulations to disclose information concerning the Solicitor Supplier or the Contract Ordered Panel Services: in certain circumstances without consulting the SolicitorSupplier; or following consultation with the Solicitor Supplier and having taken the SolicitorSupplier’s views into account, provided always that where Clause 6.4.6 9.4.6 applies the Client Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor advanced Supplier advance notice, or failing that, to draw the disclosure to the SolicitorSupplier's attention after any such disclosure. The Solicitor Supplier shall ensure that all Information information is retained for disclosure in accordance with the provisions of the Legal Services Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client Customer on reasonable notice to inspect such records as requested from time to time. The Solicitor Supplier acknowledges that the Commercially Sensitive Information is of an indicative nature only and that the Client Customer may be obliged to disclose it in accordance with Clause 6.4.59.4.5.

Appears in 3 contracts

Samples: Panel Agreement, Panel Agreement, Panel Agreement

Freedom of Information. The Solicitor SERVICE PROVIDER acknowledges that the Client CLIENT is subject to the requirements of the Code of Practice on Government Information, FOIA and the Environmental Information Regulations and shall assist and cooperate with the Client CLIENT to enable the Client CLIENT to comply with its Information disclosure obligations. The Solicitor SERVICE PROVIDER shall and shall procure that its Sub-Contractors shall: transfer to the Client CLIENT all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client CLIENT with a copy of all Information relating to a Request for Information in its possession, or control power in the form that the Client CLIENT requires within five (5) Working Days (or such other period as the Client CLIENT may specify) of the Client's CLIENT’s request; and provide all necessary assistance as reasonably requested by the Client CLIENT to enable the Client CLIENT to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client CLIENT shall be responsible for determining in its absolute discretion and notwithstanding whether any other provision in the Contract or any other contract whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the Code of Practice on Government Information, FOIA or the Environmental Information Regulations. In no event shall the Solicitor SERVICE PROVIDER respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientCLIENT. The Solicitor SERVICE PROVIDER acknowledges that (notwithstanding the provisions of Clause 6.2) the Client CLIENT may, acting in accordance with the Ministry Department of Justice CodesConstitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000, be obliged under the FOIA or the Environmental Information Regulations to disclose information concerning the Solicitor or the Contract Services: in certain circumstances Information without consulting or obtaining consent from the Solicitor; SERVICE PROVIDER, or following consultation with the Solicitor and despite having taken the SolicitorSERVICE PROVIDER’s views into account, provided always that where Clause 6.4.6 applies the Client shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor advanced notice, or failing that, to draw the disclosure to the Solicitor's attention after any such disclosure. The Solicitor SERVICE PROVIDER shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client on reasonable notice CLIENT to inspect such records as requested from time to time. The Solicitor acknowledges that the Commercially Sensitive Information is of an indicative nature only and that the Client may be obliged to disclose it in accordance with Clause 6.4.5.

Appears in 3 contracts

Samples: Legal Services Framework Agreement, Services Framework Agreement, Legal Services Framework Agreement

Freedom of Information. The Solicitor SERVICE PROVIDER acknowledges that the Client CUSTOMER is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate with the Client CUSTOMER to enable the Client CUSTOMER to comply with its Information disclosure obligations. The Solicitor SERVICE PROVIDER shall and shall procure that its Sub-Contractors shall: transfer to the Client CUSTOMER all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client CUSTOMER with a copy of all Information relating to a Request for Information in its possession, possession or control power in the form that the Client CUSTOMER requires within five (5) Working Days (or such other period as the Client CUSTOMER may specify) of the Client's CUSTOMER’s request; and provide all necessary assistance as reasonably requested by the Client CUSTOMER to enable the Client CUSTOMER to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client CUSTOMER shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the this Contract or any other contract agreement whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor SERVICE PROVIDER respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientCUSTOMER. The Solicitor SERVICE PROVIDER acknowledges that (notwithstanding the provisions of this Clause 6.219) the Client CUSTOMER may, acting in accordance with the Ministry Department of Justice CodesConstitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 (“the Code”), be obliged under the FOIA or the Environmental Information Regulations to disclose information concerning the Solicitor SERVICE PROVIDER or the Contract ServicesOrdered Software Application Solutions: in certain circumstances without consulting the SolicitorSERVICE PROVIDER; or following consultation with the Solicitor SERVICE PROVIDER and having taken the Solicitor’s their views into account, provided always that where Clause 6.4.6 19.5.1 applies the Client CUSTOMER shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor SERVICE PROVIDER advanced notice, or failing that, to draw the disclosure to the Solicitor's SERVICE PROVIDER’s attention after any such disclosure. The Solicitor SERVICE PROVIDER shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client on reasonable notice CUSTOMER to inspect such records as requested from time to time. The Solicitor SERVICE PROVIDER acknowledges that the Commercially Sensitive Information listed in Schedule 2-10 is of an indicative nature value only and that the Client CUSTOMER may be obliged to disclose it in accordance with Clause 6.4.519.5.

Appears in 3 contracts

Samples: Software Application Solutions Framework Agreement, Software Application Solutions Framework Agreement, Software Application Solutions Framework Agreement

Freedom of Information. The Solicitor Supplier acknowledges that the Client Authority is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate co-operate with the Client Authority to enable the Client Authority to comply with its Information disclosure obligations. The Solicitor shall and shall procure that its Sub-Contractors Supplier shall: transfer to the Client Authority all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client with a copy of all Information relating to a Request for Information in its possession, or control in the form that the Client requires within five (5) Working Days (or such other period as the Client may specify) of the Client's request; and provide all necessary assistance as reasonably requested by the Client Authority to enable the Client Authority to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract this Framework Agreement or any other contract agreement whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor Supplier respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientAuthority. The Solicitor Supplier acknowledges that (notwithstanding the provisions of this Clause 6.2FW-25.) the Client Authority may, acting in accordance with the Ministry of Justice CodesJustice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 ("the Code"), be obliged under the FOIA FOIA, or the Environmental Information Regulations to disclose information concerning the Solicitor Supplier or the Contract G-Cloud Services: in certain circumstances without consulting the SolicitorSupplier; or following consultation with the Solicitor Supplier and having taken the Solicitor’s its views into account, ; provided always that where Clause 6.4.6 FW-25.5.1 applies the Client Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor Supplier advanced notice, or failing that, to draw the disclosure to the SolicitorSupplier's attention after any such disclosure. The Solicitor shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client on reasonable notice to inspect such records as requested from time to time. The Solicitor Supplier acknowledges that the description of information as Commercially Sensitive Information in Framework Schedule 6 (Interpretation and Definitions) is of an indicative nature only and that the Client Authority may be obliged to disclose it in accordance with Clause 6.4.5.FW-25..

Appears in 3 contracts

Samples: Framework Agreement, Framework Agreement, Framework Agreement

Freedom of Information. The Solicitor Supplier acknowledges that the Client Authority is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate co-operate with the Client Authority to enable the Client Authority to comply with its Information disclosure obligations. The Solicitor shall and shall procure that its Sub-Contractors Supplier shall: transfer to the Client Authority all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client with a copy of all Information relating to a Request for Information in its possession, or control in the form that the Client requires within five (5) Working Days (or such other period as the Client may specify) of the Client's request; and provide all necessary assistance as reasonably requested by the Client Authority to enable the Client Authority to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract this Framework Agreement or any other contract agreement whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor Supplier respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientAuthority. The Solicitor Supplier acknowledges that (notwithstanding the provisions of this Clause 6.2FW-25) the Client Authority may, acting in accordance with the Ministry of Justice CodesJustice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 ("the Code"), be obliged under the FOIA FOIA, or the Environmental Information Regulations to disclose information concerning the Solicitor Supplier or the Contract G-Cloud Services: in certain circumstances without consulting the SolicitorSupplier; or following consultation with the Solicitor Supplier and having taken the Solicitor’s its views into account, ; provided always that where Clause 6.4.6 FW-25.5.1 applies the Client Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor Supplier advanced notice, or failing that, to draw the disclosure to the SolicitorSupplier's attention after any such disclosure. The Solicitor shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client on reasonable notice to inspect such records as requested from time to time. The Solicitor Supplier acknowledges that the description of information as Commercially Sensitive Information in Framework Schedule 6 (Interpretation and Definitions) is of an indicative nature only and that the Client Authority may be obliged to disclose it in accordance with Clause 6.4.5FW-25.

Appears in 2 contracts

Samples: Framework Agreement, Framework Agreement

Freedom of Information. The Solicitor Service Provider acknowledges that the Client Customer is subject to the requirements of the Code of Practice on Government Information, FOIA and the Environmental Information Regulations and shall assist and cooperate with the Client Customer to enable the Client Customer to comply with its Information disclosure obligations. The Solicitor Service Provider shall and shall procure that its Sub-Contractors contractors shall: transfer to the Client Customer all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days (or such other period as is specified in the Order Form or by the Customer) of receiving a Request for Information; provide the Client Customer with a copy of all Information relating to a Request for Information in its possession, or control power in the form that the Client Customer requires within five (5) Working Days (or such other period as the Client Customer may specify) of the ClientCustomer's request; and provide all necessary assistance as reasonably requested by the Client Customer to enable the Client Customer to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the this Contract or any other contract whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the Code of Practice on Government Information, FOIA or the Environmental Information Regulations. In no event shall the Solicitor Service Provider respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientCustomer. The Solicitor Service Provider acknowledges that (notwithstanding the provisions of Clause 6.2) the Client Customer may, acting in accordance with the Ministry Department of Justice CodesConstitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 ("the Code"), be obliged under the FOIA FOIA, or the Environmental Information Regulations to disclose information Information concerning the Solicitor Service Provider or the Contract Services: in certain circumstances without consulting the SolicitorService Provider; or following consultation with the Solicitor Service Provider and having taken the Solicitor’s their views into account, ; provided always that where Clause 6.4.6 applies 6.9.5.1applies the Client Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor Service Provider advanced notice, or failing that, to draw the disclosure to the SolicitorService Provider's attention after any such disclosure. The Solicitor Service Provider shall ensure that all Information is retained for disclosure in accordance with the provisions of the this Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client on reasonable notice Customer to inspect such records as requested from time to time. The Solicitor Service Provider acknowledges that the Commercially Sensitive Information is of an indicative nature value only and that the Client Customer may be obliged to disclose it in accordance with Clause 6.4.5clause 6.9.5).

Appears in 2 contracts

Samples: data.gov.uk, data.gov.uk

Freedom of Information. The Solicitor Supplier acknowledges that the Client Authority is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate co-operate with the Client Authority to enable the Client Authority to comply with its Information disclosure obligations. The Solicitor Supplier shall and shall procure that its Sub-Contractors shall: transfer to the Client Authority all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client Authority with a copy of all Information relating Information, relevant to a Request for Information Information, in its possessioncontrol, possession or control power, in the form that the Client requires Authority requests within five (5) Working Days (or such other period as the Client Authority may specify) of the ClientAuthority's request; and provide all necessary assistance as reasonably requested by the Client Authority to enable the Client Authority to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract this Framework Agreement or any other contract agreement whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor Supplier respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientAuthority. The Solicitor Supplier acknowledges that (notwithstanding the provisions of Clause 6.2) the Client Authority may, acting in accordance with the Ministry of Justice CodesCode, be obliged under the FOIA or the Environmental Information Regulations to disclose information concerning the Solicitor Supplier or the Contract Services: in certain circumstances without consulting the SolicitorSupplier; or following consultation with the Solicitor Supplier and having taken the SolicitorSupplier’s views into account, provided always that where Clause 6.4.6 22.5.1 applies the Client Authority shall, in accordance with any recommendations of the Ministry of Justice Code, take reasonable steps, where appropriate, to give the Solicitor Supplier advanced notice, or failing that, to draw the disclosure to the SolicitorSupplier's attention after any such disclosure. The Solicitor Supplier shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract Clause 16 (Records and in any event in accordance with the requirements of Good Industry Practice Audit Access) and shall permit the Client on reasonable notice Authority to inspect such records as requested from time to time. The Solicitor Supplier acknowledges that the description of information as Commercially Sensitive Information in Framework Schedule 13 (Commercially Sensitive Information) is of an indicative nature only and that the Client Authority may be obliged to disclose it in accordance with Clause 6.4.522.5.

Appears in 2 contracts

Samples: Response Services Framework Agreement, Services Framework Agreement

Freedom of Information. The Solicitor Supplier acknowledges that the Client Customer is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate with the Client Customer to enable the Client Customer to comply with its Information disclosure obligations. The Solicitor Supplier shall and shall procure that its Sub-Contractors Sub‑contractors shall: transfer to the Client Customer all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client Customer with a copy of all Information relating to a Request for Information in its possession, or control in the form that the Client Customer requires within five (5) Working Days (or such other period as the Client Customer may specify) of the ClientCustomer's request; and provide all necessary assistance as reasonably requested by the Client Customer to enable the Client Customer to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the this Contract or any other contract Contract whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor Supplier respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientCustomer. The Solicitor Supplier acknowledges that (notwithstanding the provisions of Clause 6.2clause 19.6) the Client Customer may, acting in accordance with the Ministry Department of Justice CodesConstitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 ("the Code"), be obliged under the FOIA FOIA, or the Environmental Information Regulations to disclose information concerning the Solicitor Supplier or the Contract Services: in certain circumstances without consulting the SolicitorSupplier; or following consultation with the Solicitor Supplier and having taken the Solicitor’s their views into account, provided always that where Clause 6.4.6 clause 19.8.5 applies the Client Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor Supplier advanced notice, or failing that, to draw the disclosure to the SolicitorSupplier's attention after any such disclosure. The Solicitor Supplier shall ensure that all Information is retained for disclosure in accordance with the provisions of the this Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client on reasonable notice Customer to inspect such records as requested from time to time. The Solicitor Supplier acknowledges that the Commercially Sensitive Information is of an indicative nature value only and that the Client Customer may be obliged to disclose it in accordance with Clause 6.4.5clause 19.8.5.

Appears in 2 contracts

Samples: data.gov.uk, data.gov.uk

Freedom of Information. The Solicitor CONTRACTOR acknowledges that the Client CUSTOMER is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate with the Client CUSTOMER to enable the Client CUSTOMER to comply with its Information disclosure obligations. The Solicitor CONTRACTOR shall and shall procure that its Sub-Contractors shall: transfer to the Client CUSTOMER all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client CUSTOMER with a copy of all Information relating to a Request for Information in its possession, possession or control power in the form that the Client CUSTOMER requires within five (5) Working Days (or such other period as the Client CUSTOMER may specify) of the Client's CUSTOMER’s request; and provide all necessary assistance as reasonably requested by the Client CUSTOMER to enable the Client CUSTOMER to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client CUSTOMER shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the this Contract or any other contract agreement whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor CONTRACTOR respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientCUSTOMER. The Solicitor CONTRACTOR acknowledges that (notwithstanding the provisions of this Clause 6.219) the Client CUSTOMER may, acting in accordance with the Ministry Department of Justice CodesConstitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”), be obliged under the FOIA or the Environmental Information Regulations to disclose information concerning the Solicitor CONTRACTOR or the Contract ServicesOrdered IT Products: in certain circumstances without consulting the SolicitorCONTRACTOR; or following consultation with the Solicitor CONTRACTOR and having taken the Solicitor’s their views into account, provided always that where Clause 6.4.6 19.5.1 applies the Client CUSTOMER shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor CONTRACTOR advanced notice, or failing that, to draw the disclosure to the Solicitor's CONTRACTOR’s attention after any such disclosure. The Solicitor CONTRACTOR shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client on reasonable notice CUSTOMER to inspect such records as requested from time to time. The Solicitor CONTRACTOR acknowledges that the Commercially Sensitive Information listed in Schedule 2-10 is of an indicative nature value only and that the Client CUSTOMER may be obliged to disclose it in accordance with Clause 6.4.519.5.

Appears in 2 contracts

Samples: Commoditised It Hardware and Software Framework Agreement, Hardware and Software Framework Agreement

Freedom of Information. The Solicitor SERVICE PROVIDER acknowledges that the Client CUSTOMER is subject to the requirements of the Code of Practice on Government Information, FOIA and the Environmental Information Regulations and shall assist and cooperate with the Client CUSTOMER to enable the Client CUSTOMER to comply with its Information disclosure obligations. The Solicitor SERVICE PROVIDER shall and shall procure that its Sub-Contractors shall: transfer to the Client CUSTOMER all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client CUSTOMER with a copy of all Information relating to a Request for Information in its possession, or control power in the form that the Client CUSTOMER requires within five (5) Working Days (or such other period as the Client CUSTOMER may specify) of the Client's CUSTOMER’s request; and provide all necessary assistance as reasonably requested by the Client CUSTOMER to enable the Client CUSTOMER to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client CUSTOMER shall be responsible for determining in its absolute discretion and notwithstanding whether any other provision in the Contract or any other contract whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the Code of Practice on Government Information, FOIA or the Environmental Information Regulations. In no event shall the Solicitor SERVICE PROVIDER respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientCUSTOMER. The Solicitor SERVICE PROVIDER acknowledges that (notwithstanding the provisions of Clause 6.2) the Client CUSTOMER may, acting in accordance with the Ministry Department of Justice CodesConstitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000, be obliged under the FOIA or the Environmental Information Regulations to disclose information concerning the Solicitor or the Contract Services: in certain circumstances Information without consulting or obtaining consent from the Solicitor; SERVICE PROVIDER, or following consultation with the Solicitor and despite having taken the SolicitorSERVICE PROVIDER’s views into account, provided always that where Clause 6.4.6 applies the Client shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor advanced notice, or failing that, to draw the disclosure to the Solicitor's attention after any such disclosure. The Solicitor SERVICE PROVIDER shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client on reasonable notice CUSTOMER to inspect such records as requested from time to time. The Solicitor acknowledges that the Commercially Sensitive Information is of an indicative nature only and that the Client may be obliged to disclose it in accordance with Clause 6.4.5.

Appears in 2 contracts

Samples: Service Provision Framework Agreement, Confidentiality Agreement

Freedom of Information. The Solicitor Seller acknowledges that the Client University is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate co-operate with the Client University to enable the Client University to comply with its Information these information disclosure obligationsrequirements. The Solicitor Seller shall and shall procure that its Sub-Contractors suppliers shall: transfer any Request For Information to the Client all Requests for Information that it receives University as soon as practicable after receipt and in any event within two (2) Working Days three days of receiving a Request for For Information; provide the Client University with a copy of all Information relating to a Request for Information information in its possession, possession or control power in the form that the Client University requires within five (5) Working Days seven days (or such other period as the Client University may specify) of the Client's requestUniversity requesting that Information; and provide all necessary assistance as reasonably requested by the Client University to enable the Client University to respond to the a Request for For Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client University shall be responsible for determining in at its absolute discretion and notwithstanding whether any other provision in the Contract or any other contract whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, information: is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations; and/or is to be disclosed in response to a Request For Information. In no event shall the Solicitor Seller respond directly to a Request for For Information unless expressly authorised in writing to do so by the ClientUniversity. The Solicitor Seller acknowledges that (notwithstanding the provisions of Clause 6.2) the Client University may, acting in accordance with the Ministry Secretary of Justice CodesState for Constitutional Affairs' Code of Practice on the discharge of public authorities' functions under Part 1 of FOIA (issued under section 45 of FOIA, November 2004), be obliged under the FOIA or the Environmental Information Regulations to disclose information concerning the Solicitor or the Contract ServicesInformation: in certain circumstances without consulting with the Solicitor; Seller, or following consultation with the Solicitor Seller and having taken the Solicitor’s its views into account, . provided always that where Clause 6.4.6 clause 24.2 applies the Client University shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor Seller advanced notice, or failing that, to draw the disclosure to the Solicitor's Seller’s attention after any such disclosure. The Solicitor Seller shall ensure that all Information information produced in the course of or relating to the Contract is retained for disclosure in accordance with the provisions of the Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client on reasonable notice University to inspect such records as requested from time to time. The Solicitor Seller acknowledges that the Commercially Sensitive any lists or schedules provided by it outlining Confidential Information is are of an indicative nature value only and that the Client University may nevertheless be obliged to disclose it Confidential Information in accordance with Clause 6.4.5clause 24.2 of these Conditions. This clause shall survive the expiry or termination of this Contract.

Appears in 2 contracts

Samples: Loughborough University, Loughborough University

Freedom of Information. The Solicitor Supplier acknowledges that the Client Customer is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate with the Client Customer to enable the Client Customer to comply with its Information disclosure obligations. The Solicitor Supplier shall and shall procure that its Sub-Contractors shall: transfer to the Client Customer all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client Customer with a copy of all Information relating to a Request for Information in its possession, or control in the form that the Client Customer requires within five (5) Working Days (or such other period as the Client Customer may specify) of the ClientCustomer's request; and provide all necessary assistance as reasonably requested by the Client Customer to enable the Client Customer to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Legal Services Contract or any other contract whether the Commercially Sensitive Information and/or any other Information including SolicitorSupplier’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor Supplier respond directly to a Request for Information unless authorised in writing to do so by the ClientCustomer. The Solicitor Supplier acknowledges and agrees that (notwithstanding the provisions of Clause 6.29.2) the Client Customer may, acting in accordance with the Ministry of Justice Codes, be obliged under the FOIA or the Environmental Information Regulations to disclose information concerning the Solicitor Supplier or the Legal Services Contract Ordered Panel Services: in certain circumstances without consulting the SolicitorSupplier; or following consultation with the Solicitor Supplier and having taken the SolicitorSupplier’s views into account, provided always that where Clause 6.4.6 9.4.6 applies the Client Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor advanced Supplier advance notice, or failing that, to draw the disclosure to the SolicitorSupplier's attention after any such disclosure. The Solicitor Supplier shall ensure that all Information information is retained for disclosure in accordance with the provisions of the Legal Services Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client Customer on reasonable notice to inspect such records as requested from time to time. The Solicitor Supplier acknowledges that the Commercially Sensitive Information is of an indicative nature only and that the Client Customer may be obliged to disclose it in accordance with Clause 6.4.59.4.5.

Appears in 2 contracts

Samples: Panel Agreement, Panel Agreement

Freedom of Information. The Solicitor Service Provider acknowledges that the Client Customer is subject to the requirements of the Code of Practice on Government Information, FOIA and the Environmental Information Regulations and shall assist and cooperate co-operate with the Client Customer to enable the Client Customer to comply with its Information disclosure obligations. The Solicitor Service Provider shall and shall procure that its Subsub-Contractors shall: contractors shall:- transfer to the Client Customer all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client Customer with a copy of all Information relating to a Request for Information in its possession, or control power in the form that the Client requires Customer requests within five (5) Working Days (or such other period as the Client Customer may specify) of the ClientCustomer's request; and provide all necessary assistance as reasonably requested by the Client Customer to enable the Client Customer to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the this Contract or any other contract agreement whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor Service Provider respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientCustomer. The Solicitor Service Provider acknowledges that (notwithstanding the provisions of Clause 6.216.1.15) the Client Customer may, acting in accordance with the Ministry of Justice CodesJustice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”), be obliged under the FOIA FOIA, or the Environmental Information Regulations to disclose information concerning the Solicitor Service Provider or the Contract Services: Services:- in certain circumstances without consulting the SolicitorService Provider; or following consultation with the Solicitor Service Provider and having taken the Solicitor’s their views into account, provided always that where Clause 6.4.6 applies 7.50 applies, the Client Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor Service Provider advanced notice, or failing that, to draw the disclosure to the SolicitorService Provider's attention after any such disclosure. The Solicitor Service Provider shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract and in any event in accordance with the requirements of Good Industry Practice Clause 17.1.15 and shall permit the Client on reasonable notice Customer to inspect such records as requested from time to time. The Solicitor Service Provider acknowledges that the Commercially Sensitive Information listed in the Order Form is of an indicative nature value only and that the Client Customer may be obliged to disclose it in accordance with Clause 6.4.516.1.39.

Appears in 1 contract

Samples: Framework Agreement

Freedom of Information. The Solicitor Contractor acknowledges that the Client GMW is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate with the Client GMW to enable the Client GMW to comply with its Information disclosure obligations. The Solicitor Contractor shall and shall procure that its Sub-Contractors contractors shall: transfer to the Client GMW all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client GMW with a copy of all Information relating to a Request for Information in its possession, or control power in the form that the Client GMW requires within five (5) Working Days (or such other period as the Client GMW may specify) of the Client's GMW’s request; and provide all necessary assistance as reasonably requested by the Client GMW to enable the Client GMW to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client GMW shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract this Agreement or any other contract agreement whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor Contractor respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientGMW. The Solicitor Contractor acknowledges that (notwithstanding the provisions of Clause 6.2) the Client GMW may, acting in accordance with the Ministry Department of Justice CodesConstitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”), be obliged under the FOIA FOIA, or the Environmental Information Regulations to disclose information concerning the Solicitor Contractor or the Contract Services: in certain circumstances without consulting the SolicitorContractor; or following consultation with the Solicitor Contractor and having taken the Solicitor’s their views into account, provided always that where Clause 6.4.6 applies the Client shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor advanced notice, or failing that, to draw the disclosure to the Solicitor's attention after any such disclosure. ; The Solicitor shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client on reasonable notice to inspect such records as requested from time to time. The Solicitor Contractor acknowledges that the Commercially Sensitive Information listed is of an indicative nature value only and that the Client GMW may be obliged to disclose it in accordance with Clause 6.4.5FOIA.

Appears in 1 contract

Samples: Protection of Personal

Freedom of Information. The Solicitor Supplier acknowledges that the Client Customer is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate with the Client Customer to enable the Client Customer to comply with its Information disclosure obligations. The Solicitor Supplier shall and shall procure that its Sub-Contractors shall: transfer to the Client Customer all Requests for Information that it receives as soon as practicable and in any event within two ([2) ] Working Days of receiving a Request for Information; provide the Client Customer with a copy of all Information relating to a Request for Information in its possession, or control in the form that the Client Customer requires within five ([5) ] Working Days (or such other period as the Client Customer may specify) of the ClientCustomer's request; and provide all necessary assistance as reasonably requested by the Client Customer to enable the Client Customer to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the this Contract or any other contract Contract whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor Supplier respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientCustomer. The Solicitor Supplier acknowledges that (notwithstanding the provisions of Clause 6.2) the Client Customer may, acting in accordance with the Ministry of Justice CodesJustice’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 ("the Code"), be obliged under the FOIA FOIA, or the Environmental Information Regulations to disclose information concerning the Solicitor Supplier or the Contract Services: in certain circumstances without consulting the SolicitorSupplier; or following consultation with the Solicitor Supplier and having taken the Solicitor’s their views into account, provided always that where Clause 6.4.6 clause applies the Client Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor Supplier advanced notice, or failing that, to draw the disclosure to the SolicitorSupplier's attention after any such disclosure. The Solicitor Supplier shall ensure that all Information is retained for disclosure in accordance with the provisions of the this Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client on reasonable notice Customer to inspect such records as requested from time to time. The Solicitor Supplier acknowledges that the listing of information as Commercially Sensitive Information is of an indicative nature only and that the Client Customer may be obliged to disclose it in accordance with Clause 6.4.5.clause . Transparency The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, the content of this Contract is not Confidential Information. The Customer shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FOIA. Notwithstanding any other term of this Contract, the Supplier hereby gives his consent for the Customer to publish the Contract in its entirety, including from time to time agreed changes to the Contract, to the general public. The Customer may consult with the Supplier to inform its decision regarding any redactions but the Customer shall have the final decision in its absolute discretion. The Supplier shall assist and cooperate with the Customer to enable the Customer to publish this Contract. WARRANTIES AND REPRESENTATIONS The Supplier warrants, represents and undertakes to the Customer that: it has full capacity and authority and all necessary consents, licences, permissions (statutory, regulatory, contractual or otherwise) (including where its procedures so require, the consent of its Parent Company) to enter into and perform its obligations under the Contract; the Contract is executed by a duly authorised representative of the Supplier; in entering the Contract it has not committed any Fraud; it has not committed any offence under the Prevention of Corruption Acts 1889 to 1916, or the Bribery Act 2010; this Contract shall be performed in compliance with all Laws (as amended from time to time) and all applicable Quality Standards or Technical Standards; it has taken and shall continue to take all steps, in accordance with Good Industry Practice, to prevent the: introduction, creation or propagation of any disruptive element, virus, worms and/or Trojans, spyware or other malware (including any Malicious Software); and unauthorised use of and modification or access to (or into), the Software, systems, data, software or Confidential Information (held in electronic form) owned by or under the control of, or used by, the Customer; it shall take all measures to avoid any and all data loss and data corruption during the provision of the Software in accordance with Good Industry Practice; it shall take all measures to avoid the failure or reduced performance (in whole or in part) of the Services; in performing its obligations under this Contract, all Software used by or on behalf of the Supplier will be currently supported versions of that Software and perform in all material respects in accordance with its specification; as at the Commencement Date, all information, warranties, statements and representations contained in the Tender and the PQQ Response for the Services and (unless otherwise agreed) any other document which resulted in the award of the Framework Agreement are true, accurate and not misleading save as may have been specifically disclosed in writing to the Customer prior to execution of the Contract and it will advise the Customer of any fact, matter or circumstance of which it may become aware which would render any such information, statement or representation to be false or misleading and all warranties and representations contained in the PQQ Response and Tender and (unless otherwise agreed) any other document which resulted in the award of the Framework Agreement shall be deemed repeated in this Contract with reference to the circumstances existing at the time that they are deemed to be repeated; no claim is being asserted and no litigation, arbitration or administrative proceeding is presently in progress or, to the best of its knowledge and belief, pending or threatened against it or its assets which will or might affect its ability to perform its obligations under the Contract; it is not subject to any contractual obligation, compliance with which is likely to have an adverse affect on its ability to perform its obligations under the Contract; no proceedings or other steps have been taken and not discharged (nor, to the best of its knowledge, are threatened) for the winding up of the Supplier or for its dissolution or for the appointment of a receiver, administrative receiver, liquidator, manager, administrator or similar officer in relation to any of the Supplier's assets or revenue; it owns, has obtained or is able to obtain valid licences for all Intellectual Property Rights that are necessary for the performance of its obligations under the Contract and shall maintain the same in full force and effect; The Supplier warrants represents and undertakes to the Customer that: the Services shall be provided and carried out by appropriately experienced, qualified and trained Staff with all due skill, care and diligence; it shall discharge its obligations hereunder (including the provision of the Services) with all due skill, care and diligence including in accordance with Good Industry Practice and its own established internal procedures; the Services are and will continue to be during the Contract Period: of satisfactory quality and fit for purpose; in conformance with the relevant specifications set out in this Contract, the relevant Order and (if applicable) the manufacturer’s specifications and documentation; free from material programming errors and material defects in design, manufacture or materials throughout the applicable warranty period; consistent with any requirements set out or referred to in this Contract relating to quality and security and the Supplier shall ensure that all aspects of the Services are the subject of quality management systems and risk mitigation measures; in the three [3] years prior to the Commencement Date: it has conducted all financial accounting and reporting activities in all material respects in compliance with the generally accepted accounting principles that apply to it in any country where it files accounts; and it has been in full compliance with all applicable securities and tax laws and regulations in the jurisdiction in which it is established; it has not done or omitted to do anything which could have an adverse effect on its assets, financial condition or position as an ongoing business concern or its ability to fulfil its obligations under the Contract; and for the Contract Period that all Staff will be vetted in accordance with Good Industry Practice, the Security Policy and the Quality Standards. For the avoidance of doubt, the fact that any provision within this Contract is expressed as a warranty shall not preclude any right of termination the Customer may have in respect of breach of that provision by the Supplier. The Supplier acknowledges and agrees that: the warranties, representations and undertakings contained in this Contract are material and are designed to induce the Customer into entering into this contract; and the Customer has been induced into entering into this Contract and in doing so has relied upon the warranties, representations and undertakings contained herein. LIABILITIES

Appears in 1 contract

Samples: data.gov.uk

Freedom of Information. The Solicitor Supplier acknowledges that the Client Customer is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate with the Client Customer to enable the Client Customer to comply with its Information disclosure obligations. The Solicitor Supplier shall and shall procure that its Sub-Contractors contractors shall: transfer to the Client Customer all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client Customer with a copy of all Information relating to a Request for Information in its possession, or control in the form that the Client Customer requires within five (5) Working Days (or such other period as the Client Customer may specify) of the ClientCustomer's request; and provide all necessary assistance as reasonably requested by the Client Customer to enable the Client Customer to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the this Contract or any other contract Contract whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor Supplier respond directly to a Request for Information unless authorised in writing to do so by the ClientCustomer. The Solicitor Supplier acknowledges that (notwithstanding the provisions of Clause 6.2clause 23.6) the Client Customer may, acting in accordance with the Ministry Governments’ Code of Justice CodesPractice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 ("the Code"), be obliged under the FOIA FOIA, or the Environmental Information Regulations to disclose information concerning the Solicitor Supplier or the Contract Goods and Services: in certain circumstances without consulting the SolicitorSupplier; or following consultation with the Solicitor Supplier and having taken the Solicitor’s their views into account, provided always that where Clause 6.4.6 clause 23.8.5 applies the Client Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor Supplier advanced notice, or failing that, to draw the disclosure to the SolicitorSupplier's attention after any such disclosure. The Solicitor Supplier shall ensure that all Information is retained for disclosure in accordance with the provisions of the this Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client on reasonable notice Customer to inspect such records as requested from time to time. The Solicitor Supplier acknowledges that the Commercially Sensitive Information is of an indicative nature value only and that the Client Customer may be obliged to disclose it in accordance with Clause 6.4.5clause 23.8.5.

Appears in 1 contract

Samples: data.gov.uk

Freedom of Information. The Solicitor acknowledges parties acknowledge that the Client Authority is subject to the requirements of the FOIA and the Environmental Information Regulations and both parties shall assist and cooperate with facilitate the Client to enable the Client to comply Authority's compliance with its Information disclosure obligations. The Solicitor shall and shall procure that its Sub-Contractors shall: transfer requirements pursuant to the Client all Requests same in the manner provided for in Clause (b) to (k) (inclusive) below. Where the Contractor receives a Request for Information from the Authority in relation to Information that it receives the Subcontractor is holding on the Contractor’s behalf, and which the Contractor or the Authority does not hold itself, the Contractor shall refer the Request for Information to the Subcontractor as soon as practicable and in any event within two (2) Working 5 Business Days of after receiving a Request for Information; it and the Subcontractor shall: provide the Client Contractor with a copy of all the Information relating to a Request for Information in its possession, or control in the form that the Client Authority requires as soon as practicable and in any event within five (5) Working 10 Business Days (or such any other period as the Client Contractor acting reasonably may specify) of after the ClientAuthority's request; and provide all necessary assistance as reasonably requested by the Client Contractor in connection with the Information, to enable the Client Authority to respond to the a Request for Information within the time for compliance set out in section Section 10 of the FOIA or regulation Regulation 5 of the Environmental Information Regulations. The Client Following a referral under Clause (b), and until the time the Subcontractor has provided the Contractor with the Information specified in Clause (c), the Subcontractor may make representations to the Contractor as to whether or not or on what basis Information requested should be disclosed, and whether further information should reasonably be provided to identify and locate the Information requested, provided always that the Contractor shall be responsible for determining in at its absolute discretion and notwithstanding any other provision in the Contract or any other contract discretion: whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of under the FOIA or and the Environmental Information Regulations. In ; and whether Information is to be disclosed in response to a Request for Information, and in no event shall the Solicitor Subcontractor respond directly directly, or allow its subcontractors to respond directly, to a Request for Information unless expressly authorised in writing to do so by the ClientContractor in writing. The Solicitor acknowledges that (notwithstanding the provisions of Clause 6.2) the Client may, acting in accordance with the Ministry of Justice Codes, be obliged under the FOIA or the Environmental Information Regulations to disclose information concerning the Solicitor or the Contract Services: in certain circumstances without consulting the Solicitor; or following consultation with the Solicitor and having taken the Solicitor’s views into account, provided always that where Clause 6.4.6 applies the Client shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor advanced notice, or failing that, to draw the disclosure to the Solicitor's attention after any such disclosure. The Solicitor Subcontractor shall ensure that all Information held on behalf of the Contractor is retained for disclosure in accordance with for at least six years (from the provisions of the Contract and in any event in accordance with the requirements of Good Industry Practice date it is acquired) and shall permit the Client on reasonable notice Contractor to inspect such records the Information as requested from time to time. The Solicitor Subcontractor shall transfer to the Contractor any Request for Information received by the Subcontractor as soon as practicable and in any event within 2 Business Days after receiving it. The Subcontractor acknowledges that the Commercially Sensitive Information is any lists provided by him listing or outlining Confidential Information, are of an indicative nature value only and that the Client Authority may nevertheless be obliged to disclose it Confidential Information in accordance with the requirements of the FOIA and the Environmental Information Regulations. In the event of a referral from the Contractor pursuant to Clause 6.4.5.(b), the Subcontractor shall as soon as practicable, and in any event within 5 Business Days after the referral, inform the Contractor of the Subcontractor's estimated costs of complying with the Request for Information to the extent these would be recoverable if incurred by the Authority under Section 12(1) of the FOIA and the Fees Regulations. Where the costs (either on their own or in conjunction with the Contractor or the Authority's own costs in respect of the Request for Information) will exceed the appropriate limit referred to in Section 12(1) of the FOIA and as set out in the Fees Regulations the Contractor shall inform the Subcontractor in writing whether or not it still requires the Subcontractor to comply with the Request for Information and, where it does require the Subcontractor to comply with the Request for Information, the 10 Business Days period for compliance shall be extended by the number of additional Business Days for compliance as the Authority is entitled to under Section 10 of the FOIA. In that case, the Contractor shall notify the Subcontractor of the additional Business Days as soon as practicable after becoming aware of them and shall reimburse the Subcontractor for the costs incurred by the Subcontractor in complying with the Request for Information to the extent it is itself entitled to reimbursement of those costs in accordance with its own FOIA policy from time to time. The parties acknowledge that (notwithstanding the provisions of Clause 115.3) the Authority may, acting in accordance with the Department of Constitutional Affairs' Code of Practice on the Discharge of Functions of Public Authorities under Part I of the Freedom of Information Act 2000 (the Code), be obliged under the FOIA, or the Environmental Information Regulations to disclose Information concerning the Contractor, the Subcontractor or the Services: in certain circumstances without consulting with the Contractor and/or the Subcontractor; or following consultation with the Contractor and/or the Subcontractor and having taken their views into account. Intellectual Property [MANDATORY] Ownership of Pre-existing Intellectual Property Rights All Intellectual Property Rights belonging to a party prior to the date of this Agreement shall remain vested in that party. All Intellectual Property Rights in or to any brand or trade mark shall remain vested in the owner of the relevant brand or trade mark and neither party's trade marks or brands shall be used by the other party for any purpose without the other party's prior written consent. If that consent is given, the party receiving consent shall use the relevant trade marks or brands in compliance with the consenting party's brand guidelines and in accordance with the terms and conditions of the consent or the relevant trade mark licence between the parties (if any). Licence of Intellectual Property Rights

Appears in 1 contract

Samples: Services Agreement

Freedom of Information. The Solicitor Supplier acknowledges that the Client Authority is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate co-operate with the Client Authority to enable the Client Authority to comply with its Information disclosure obligations. The Solicitor Supplier shall and shall procure that its Sub-Contractors shall: transfer to the Client Authority all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client Authority with a copy of all Information relating Information, relevant to a Request for Information Information, in its possessioncontrol, possession or control power, in the form that the Client requires Authority requests within five (5) Working Days (or such other period as the Client Authority may specify) of the ClientAuthority's request; and provide all necessary assistance as reasonably requested by the Client Authority to enable the Client Authority to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract this Framework Agreement or any other contract agreement whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor Supplier respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientAuthority. The Solicitor Supplier acknowledges that (notwithstanding the provisions of Clause 6.2) the Client Authority may, acting in accordance with the Ministry of Justice CodesCode, be obliged under the FOIA or the Environmental Information Regulations to disclose information concerning the Solicitor Supplier or the Contract Goods and/or Services: in certain circumstances without consulting the SolicitorSupplier; or following consultation with the Solicitor Supplier and having taken the SolicitorSupplier’s views into account, provided always that where Clause 6.4.6 20.5.1 applies the Client Authority shall, in accordance with any recommendations of the Ministry of Justice Code, take reasonable steps, where appropriate, to give the Solicitor Supplier advanced notice, or failing that, to draw the disclosure to the SolicitorSupplier's attention after any such disclosure. The Solicitor Supplier shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract Clause 15 (Records and in any event in accordance with the requirements of Good Industry Practice Audit Access) and shall permit the Client on reasonable notice Authority to inspect such records as requested from time to time. The Solicitor Supplier acknowledges that the description of information as Commercially Sensitive Information in Framework Schedule 12 (Commercially Sensitive Information) is of an indicative nature only and that the Client Authority may be obliged to disclose it in accordance with Clause 6.4.520.5.

Appears in 1 contract

Samples: Liquid Fuels Framework Agreement

Freedom of Information. The Solicitor SERVICE PROVIDER acknowledges that the Client eachthe CUSTOMER is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate with the Client eachthe CUSTOMER to enable the Client eachthe CUSTOMER to comply with its Information disclosure obligations. The Solicitor SERVICE PROVIDER shall and shall procure that its Sub-Contractors shall: transfer to the Client relevant CUSTOMER all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client relevant CUSTOMER with a copy of all Information relating to a Request for Information in its possession, possession or control power in the form that the Client relevant CUSTOMER requires within five (5) Working Days (or such other period as the Client relevant CUSTOMER may specify) of the Client's relevant CUSTOMER’s request; and provide all necessary assistance as reasonably requested by the Client relevant CUSTOMER to enable the Client relevant CUSTOMER to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client EachThe CUSTOMER shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the this Contract or any other contract agreement (but subject to prior consultation with the LA Customer Committee) whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor SERVICE PROVIDER respond directly to a Request for Information made to any CUSTOMER unless expressly authorised in writing to do so by the Clientxxxxx CUSTOMER. The Solicitor SERVICE PROVIDER acknowledges that (notwithstanding the provisions of this Clause 6.218) the Client eachthe CUSTOMER may, acting in accordance with the Ministry Department of Justice CodesConstitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 (“the Code”), be obliged under the FOIA or the Environmental Information Regulations to disclose information concerning the Solicitor SERVICE PROVIDER or the Contract ServicesOrdered Software Application Solutions: in certain circumstances without consulting the SolicitorSERVICE PROVIDER; or following consultation with the Solicitor SERVICE PROVIDER and having taken the Solicitor’s their views into account, provided always that where Clause 6.4.6 18.5.1 applies the Client relevant CUSTOMER shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor SERVICE PROVIDER advanced notice, or failing that, to draw the disclosure to the Solicitor's SERVICE PROVIDER’s attention after any such disclosure. The Solicitor SERVICE PROVIDER shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client on reasonable notice eachthe CUSTOMER to inspect such records relating to that CUSTOMER as requested from time to time. The Solicitor SERVICE PROVIDER acknowledges that the Commercially Sensitive Information listed in Schedule 2-10 is of an indicative nature value only and that the Client athe CUSTOMER may be obliged to disclose it in accordance with Clause 6.4.518.5.

Appears in 1 contract

Samples: Software Application Solutions Framework Agreement

Freedom of Information. The Solicitor Supplier acknowledges that the Client Customer is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate with the Client Customer to enable the Client Customer to comply with its Information disclosure obligations. The Solicitor Supplier shall and shall procure that its Sub-Contractors shall: transfer to the Client Customer all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client Customer with a copy of all Information relating to a Request for Information in its possession, or control in the form that the Client Customer requires within five (5) Working Days (or such other period as the Client Customer may specify) of the ClientCustomer's request; and provide all necessary assistance as reasonably requested by the Client Customer to enable the Client Customer to respond to the any Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract or any other contract Contract whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor Supplier respond directly to a Request for Information unless authorised in writing to do so by the ClientCustomer. The Solicitor Supplier acknowledges that (notwithstanding the provisions of Clause 6.264.5) the Client Customer may, acting in accordance with the Ministry of Justice CodesCode, be obliged under the FOIA or the Environmental Information Regulations to disclose information concerning the Solicitor Supplier or the Contract Services: in certain circumstances without consulting the SolicitorSupplier; or following consultation with the Solicitor Supplier and having taken the Solicitor’s its views into account, provided always that where Clause 6.4.6 (a) applies the Client Customer shall, in accordance with any recommendations of the Code, take reasonable steps, steps where appropriate, appropriate to give the Solicitor Supplier advanced notice, or failing that, to draw the disclosure to the SolicitorSupplier's attention after any such disclosure. The Solicitor Supplier shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client on reasonable notice Customer to inspect such records as requested upon request from time to time. The Solicitor Supplier acknowledges that the description of information as Commercially Sensitive Information is of an indicative nature only and that the Client Customer may be obliged to disclose it in accordance with Clause 6.4.564.7.5.

Appears in 1 contract

Samples: Services Framework Agreement

Freedom of Information. The Solicitor Service Provider acknowledges that the Client is subject to the requirements of the Code of Practice on Government Information, FOIA and the Environmental Information Regulations and shall assist and cooperate co-operate with the Client to enable the Client to comply with its Information disclosure obligations. The Solicitor Service Provider shall and shall procure that its Subsub-Contractors shall: contractors shall:- transfer to the Client all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client with a copy of all Information relating to a Request for Information in its possession, or control power in the form that the Client requires requests within five (5) Working Days (or such other period as the Client may specify) of the Client's request; and provide all necessary assistance as reasonably requested by the Client to enable the Client to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the this Contract or any other contract agreement whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor Service Provider respond directly to a Request for Information unless expressly authorised in writing to do so by the Client. The Solicitor Service Provider acknowledges that (notwithstanding the provisions of Clause 6.26) the Client may, acting in accordance with the Ministry of Justice CodesJustice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 (“the Code”), be obliged under the FOIA FOIA, or the Environmental Information Regulations to disclose information concerning the Solicitor Service Provider or the Contract Services: Services:- in certain circumstances without consulting the SolicitorService Provider; or following consultation with the Solicitor Service Provider and having taken the Solicitor’s their views into account, provided always that where Clause 6.4.6 applies Error: Reference source not found applies, the Client shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor Service Provider advanced notice, or failing that, to draw the disclosure to the SolicitorService Provider's attention after any such disclosure. The Solicitor Service Provider shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract and in any event in accordance with the requirements of Good Industry Practice Clause 14.1.64 and shall permit the Client on reasonable notice to inspect such records as requested from time to time. The Solicitor Service Provider acknowledges that the Commercially Sensitive Information listed in the Order Form is of an indicative nature value only and that the Client may be obliged to disclose it in accordance with Clause 6.4.514.1.39.

Appears in 1 contract

Samples: data.gov.uk

Freedom of Information. The Solicitor Supplier acknowledges that the Client Authority is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate co-operate with the Client Authority to enable the Client Authority to comply with its Information disclosure obligations. The Solicitor Supplier shall and shall procure that its Sub-Contractors shall: transfer to the Client Authority all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client Authority with a copy of all Information relating Information, relevant to a Request for Information Information, in its possessioncontrol, possession or control power, in the form that the Client requires Authority requests within five (5) Working Days (or such other period as the Client Authority may specify) of the ClientAuthority's request; and provide all necessary assistance as reasonably requested by the Client Authority to enable the Client Authority to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client Authority shall be responsible for determining in its absolute and sole discretion and notwithstanding any other provision in the Contract this Framework Agreement or any other contract agreement whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor Supplier respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientAuthority. The Solicitor Supplier acknowledges that (notwithstanding the provisions of Clause 6.2) the Client Authority may, acting in accordance with the Ministry of Justice CodesCode, be obliged under the FOIA or the Environmental Information Regulations to disclose information concerning the Solicitor Supplier or the Contract Services: in certain circumstances without consulting the SolicitorSupplier; or following consultation with the Solicitor Supplier and having taken the SolicitorSupplier’s views into account, provided always that where Clause 6.4.6 applies the Client Authority shall, in accordance with any recommendations of the Ministry of Justice Code, take reasonable steps, where appropriate, to give the Solicitor Supplier advanced notice, or failing that, to draw the disclosure to the SolicitorSupplier's attention after any such disclosure. The Solicitor Supplier shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract Clause (Records and in any event in accordance with the requirements of Good Industry Practice Audit Access) and shall permit the Client on reasonable notice Authority to inspect such records as requested from time to time. The Solicitor Supplier acknowledges that the description of information as Commercially Sensitive Information in Framework Schedule 12 (Commercially Sensitive Information) is of an indicative nature only and that the Client Authority may be obliged to disclose it in accordance with Clause 6.4.5. PUBLICITY AND BRANDING Subject to Clause (Marketing), the Supplier shall not make any press announcements or publicise this Framework Agreement or its contents in any way without Approval, such Approval to be granted by the Authority Representative or such person as the Authority Representative may nominate. The Supplier shall take all reasonable steps to ensure that the Staff comply with Xxxxxx . The Authority shall be entitled to publicise this Framework Agreement in accordance with any legal obligation upon the Authority, including any examination of this Framework Agreement by the National Audit Office pursuant to the National Audit Act 1983 or otherwise. The Supplier shall not do anything or cause anything to be done, which may damage the reputation of the Authority or bring the Authority into disrepute. The Supplier shall at all times during the Framework Period on written demand fully indemnify the Authority against all Losses, incurred by, awarded against or agreed to be paid by the Authority arising out of any claim or infringement or alleged infringement (including the defence of such infringement or alleged infringement) resulting from the Supplier's use of the Government Procurement Service logo.

Appears in 1 contract

Samples: Related Services Framework Agreement

Freedom of Information. The Solicitor Supplier acknowledges that the Client Authority is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate co-operate with the Client Authority to enable the Client Authority to comply with its Information disclosure obligations. The Solicitor Supplier shall and shall procure that its Sub-Contractors shall: transfer to the Client Authority all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client Authority with a copy of all Information relating Information, relevant to a Request for Information Information, in its possessionpossession or power, or control in the form that the Client requires Authority requests within five (5) Working Days (or such other period as the Client Authority may specify) of the ClientAuthority's request; and provide all necessary assistance as reasonably requested by the Client Authority to enable the Client Authority to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract this Framework Agreement or any other contract agreement whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor Supplier respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientAuthority. The Solicitor Supplier acknowledges that (notwithstanding the provisions of Clause 6.2) the Client Authority may, acting in accordance with the Ministry of Justice CodesJustice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 ("the Code"), be obliged under the FOIA FOIA, or the Environmental Information Regulations to disclose information concerning the Solicitor Supplier or the Contract Available Services: in certain circumstances without consulting the SolicitorSupplier; or following consultation with the Solicitor Supplier and having taken the Solicitor’s their views into account, ; provided always that where Clause 6.4.6 25.5.1 applies the Client Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor Supplier advanced notice, or failing that, to draw the disclosure to the SolicitorSupplier's attention after any such disclosure. The Solicitor Supplier shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract Clause 18 (Records and in any event in accordance with the requirements of Good Industry Practice Audit Access) and shall permit the Client on reasonable notice Authority to inspect such records as requested from time to time. The Solicitor Supplier acknowledges that the any lists, schedules or documents provided by it outlining Confidential Information, and/or Commercially Sensitive Information is are of an indicative nature value only and that the Client Authority may nevertheless be obliged to disclose it information that has been notified by the Supplier as being Confidential Information, and/or Commercially Sensitive Information in accordance with Clause 6.4.5the Authority’s obligations under this clause 25.5, or pursuant to the Authority’s right to disclose under clauses 15 and 19.

Appears in 1 contract

Samples: Framework Agreement

Freedom of Information. The Solicitor Supplier acknowledges that the Client Customer is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate co-operate with the Client Customer to enable the Client Customer to comply with its Information disclosure obligations. The Solicitor shall and shall procure that its Sub-Contractors Supplier shall: transfer to the Client Customer all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client Customer with a copy of all Information relating Information, relevant to a Request for Information Information, in its possessionpossession or power, or control in the form (being common or standard) that the Client requires Customer requests within five (5) Working Days (or such other period as the Client Customer may specify) of the ClientCustomer's request; and provide all necessary assistance as reasonably requested by the Client Customer to enable the Client Customer to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract this Call-Off Agreement or any other contract agreement whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor Supplier respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientCustomer. The Solicitor Supplier acknowledges that (notwithstanding the provisions of Clause 6.2) the Client Customer may, acting in accordance with the Ministry of Justice CodesJustice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 ("the Code"), be obliged under the FOIA FOIA, or the Environmental Information Regulations to disclose information Information concerning the Solicitor Supplier or the Contract G-Cloud Services: in certain circumstances without consulting the SolicitorSupplier; or following consultation with the Solicitor Supplier and having taken the Solicitor’s its views into account, ; provided always that where Clause 6.4.6 3.3.5 applies the Client Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor Supplier advanced notice, or failing that, to draw the disclosure to the SolicitorSupplier's attention after any such disclosure. The Solicitor Supplier shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract Framework Clause 35 (Records and in any event in accordance with the requirements of Good Industry Practice Audit Access) and shall permit the Client on reasonable notice Customer to inspect such records as requested from time to time. The Solicitor Supplier acknowledges that the description of information as Commercially Sensitive Information in Framework Schedule 7 (Interpretations and Definitions) is of an indicative nature only and that the Client Customer may be obliged to disclose it in accordance with this Clause 6.4.53.3.

Appears in 1 contract

Samples: data.gov.uk

Freedom of Information. The Solicitor Supplier acknowledges that the Client Authority is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate co-operate with the Client Authority to enable the Client Authority to comply with its Information disclosure obligations. The Solicitor Supplier shall and shall procure that its Sub-Contractors shall: transfer to the Client Authority all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client Authority with a copy of all Information relating Information, relevant to a Request for Information Information, in its possessioncontrol, possession or control power, in the form that the Client requires Authority requests within five (5) Working Days (or such other period as the Client Authority may specify) of the ClientAuthority's request; and provide all necessary assistance as reasonably requested by the Client Authority to enable the Client Authority to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client Authority shall be responsible for determining in its absolute and sole discretion and notwithstanding any other provision in the Contract this Framework Agreement or any other contract agreement whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor Supplier respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientAuthority. The Solicitor Supplier acknowledges that (notwithstanding the provisions of Clause 6.2) the Client Authority may, acting in accordance with the Ministry of Justice CodesCode, be obliged under the FOIA or the Environmental Information Regulations to disclose information concerning the Solicitor Supplier or the Contract Services: in certain circumstances without consulting the SolicitorSupplier; or following consultation with the Solicitor Supplier and having taken the SolicitorSupplier’s views into account, provided always that where Clause 6.4.6 18.5.1. applies the Client Authority shall, in accordance with any recommendations of the Ministry of Justice Code, take reasonable steps, where appropriate, to give the Solicitor Supplier advanced notice, or failing that, to draw the disclosure to the SolicitorSupplier's attention after any such disclosure. The Solicitor Supplier shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract Clause 13. (Records and in any event in accordance with the requirements of Good Industry Practice Audit Access) and shall permit the Client on reasonable notice Authority to inspect such records as requested from time to time. The Solicitor Supplier acknowledges that the description of information as Commercially Sensitive Information in Framework Schedule 12 (Commercially Sensitive Information) is of an indicative nature only and that the Client Authority may be obliged to disclose it in accordance with Clause 6.4.5.18.5..

Appears in 1 contract

Samples: Framework Terms for Services

Freedom of Information. The Solicitor Provider acknowledges that the Client is Commissioners are subject to the requirements of the FOIA and the Environmental Information Regulations Laws and shall assist and fully and promptly cooperate with the Client Commissioners to enable the Client Commissioners to comply with its Information each their information disclosure obligations. The Solicitor Provider shall and shall procure that its Sub-Contractors contractors shall: transfer to the Client Commissioners all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client Commissioners with a copy of all Information relating to a Request for Information in its possession, possession or control power in the form that the Client Commissioners requires within five (5) Working Days (or such other period as the Client Commissioners may reasonably specify) of the Client's Commissioners’ request; and provide all necessary assistance as reasonably requested by the Client Commissioners to enable the Client Commissioners to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract or any other contract whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information RegulationsLaws. In no event shall the Solicitor Provider respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientCommissioners. Where the Commissioners receive a Request for Information relating to this Agreement, the Provider or the Services that the Commissioners reasonably consider to be commercially sensitive and/or confidential it shall not disclose the same without first: notifying the Provider in writing; and allowing the Provider a reasonable opportunity (taking into account timescales set by Law) to make representations to the Commissioners as to disclosure of such information. The Solicitor Provider acknowledges that (notwithstanding the provisions of Clause 6.2clause 41.4) the Client Commissioners may, acting in accordance with the Ministry Department of Justice CodesConstitutional Affairs’ “Code of Practice on the Discharge of the Functions of Public Authorities” under Part 1 of the Freedom of Information Xxx 0000 (“the Code”) or any such other relevant code or guidelines and any directions of the Information Commissioner, be obliged under the FOIA Information Laws to disclose Information concerning this Agreement, the Provider or the Environmental Information Regulations to disclose information concerning the Solicitor or the Contract Services: in certain circumstances without consulting the SolicitorProvider; or following consultation with the Solicitor Provider and having taken the Solicitor’s their views into account, provided always that where Clause 6.4.6 clause 41.5.1 applies the Client Commissioners shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor Provider advanced notice, notice or failing that, to draw the disclosure to the Solicitor's Provider’s attention after any such disclosure. The Solicitor Commissioners shall be responsible for determining in their absolute discretion and notwithstanding any other provision in this Agreement, or any other agreement whether the commercially sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Information Laws. Subject to the Provider’s legal obligations (including under the Data Protection Legislation), the Provider shall at no additional cost to the Commissioners ensure that all Information information is retained for disclosure in accordance with the provisions requirements for the keeping of the Contract and in any event in accordance with the requirements of Good Industry Practice records under this Agreement and shall permit the Client on reasonable notice Commissioners to inspect such records as requested from time to time. In the event that the Provider incurs or would incur costs in actively locating, retrieving and extracting Information in assisting the Commissioners to respond to a request for Information, the Provider must inform the Commissioners of such likely costs and the Commissioners will inform the Provider in writing whether or not it still requires the Provider to assist with complying with the request. If the Commissioners require the Provider to proceed with the request, the Commissioners will reimburse the Provider for such costs as the Provider incurs to the extent that it is itself entitled to reimbursement of such costs in accordance with the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004. The Solicitor Provider acknowledges that the Commercially Sensitive commercially sensitive Information identified to the Commissioners, if any, is of an indicative nature value only and that the Client Commissioners may be obliged to disclose it that information in accordance with Clause 6.4.5clause 41.5.

Appears in 1 contract

Samples: Provider Agreement

Freedom of Information. The Solicitor Provider acknowledges that the Client Authority is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate co-operate with the Client Authority to enable the Client Authority to comply with its Information disclosure obligations. The Solicitor Provider shall and shall procure that its Sub-Contractors shall: contractors shall:- transfer to the Client Authority all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client Authority with a copy of all Information relating to a Request for Information in its possession, possession or control power in the form that the Client requires Authority requests within five (5) Working Days (or such other period as the Client Authority may specify) of the ClientAuthority's request; and provide all necessary assistance as reasonably requested by the Client Authority to enable the Client Authority to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract this Framework Agreement or any other contract agreement whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor Provider respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientAuthority. The Solicitor Provider acknowledges that (notwithstanding the provisions of this Clause 6.222) the Client Authority may, acting in accordance with the Ministry of Justice CodesJustice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 (“the Code”), be obliged under the FOIA FOIA, or the Environmental Information Regulations to disclose information concerning the Solicitor Provider or the Contract Services: Supply of Goods:- in certain circumstances without consulting the SolicitorProvider; or following consultation with the Solicitor Provider and having taken the Solicitor’s their views into account, provided always that where Clause 6.4.6 22.5 applies the Client Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor Provider advanced notice, or failing that, to draw the disclosure to the SolicitorProvider's attention after any such disclosure. The Solicitor Provider shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract and in any event in accordance with the requirements of Good Industry Practice Clause 17 and shall permit the Client on reasonable notice Authority to inspect such records as requested from time to time. The Solicitor Provider acknowledges that the Commercially Sensitive Information listed in Schedule 8 is of an indicative nature value only and that the Client Authority may be obliged to disclose it in accordance with Clause 6.4.522.5.

Appears in 1 contract

Samples: Framework Agreement

Freedom of Information. The Solicitor Contractor acknowledges that the Client Authority is subject to the requirements of the Department of Constitutional Affairs, and the Code of Practice for Government Information, FOIA and the Environmental Information Regulations and shall assist and cooperate with the Client Authority to enable the Client Authority to comply with its Information disclosure obligations. The Solicitor Contractor shall and shall procure that its Sub-Contractors contractors shall: transfer to the Client Authority all Requests for Information that it receives as soon as practicable and in any event within two (2) [two] Working Days of receiving a Request for Information; provide the Client Authority with a copy of all Information relating to a Request for Information in its possession, or control power in the form that the Client Authority requires within five (5) [five] Working Days (or such other period as the Client Authority may specify) of the ClientAuthority's request; and provide all necessary assistance as reasonably requested by the Client Authority to enable the Client Authority to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract this Agreement or any other contract agreement whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the Code of Practice on Government Information, FOIA or the Environmental Information Regulations. In no event shall the Solicitor Contractor respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientAuthority. The Solicitor Contractor acknowledges that (notwithstanding the provisions of Clause 6.2) clause 8) the Client Authority may, acting in accordance with the Ministry Department of Justice CodesConstitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 (“the Code”), be obliged under the FOIA FOIA, or the Environmental Information Regulations to disclose information concerning the Solicitor Contractor or the Contract Services: in certain circumstances without consulting the SolicitorContractor; or following consultation with the Solicitor Contractor and having taken the Solicitor’s their views into account, provided always that where Clause 6.4.6 applies the Client shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor advanced notice, or failing that, to draw the disclosure to the Solicitor's attention after any such disclosure. The Solicitor shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client on reasonable notice to inspect such records as requested from time to time. The Solicitor acknowledges that the Commercially Sensitive Information is of an indicative nature only and that the Client may be obliged to disclose it in accordance with Clause 6.4.5.;

Appears in 1 contract

Samples: data.gov.uk

Freedom of Information. The Solicitor SERVICE PROVIDER acknowledges that the Client CUSTOMER is subject to the requirements of the Code of Practice on Government Information, FOIA and the Environmental Information Regulations, which for the purposes of this Clause 32 means the Environmental Information Regulations 2004 and any guidance and/or codes of practice issued by the Information Commissioner in relation to such regulations, and shall assist and cooperate with the Client CUSTOMER to enable the Client CUSTOMER to comply with its Information disclosure obligations. The Solicitor SERVICE PROVIDER shall and shall procure that its Sub-Contractors shall: transfer to the Client CUSTOMER all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client CUSTOMER with a copy of all Information relating to a Request for Information in its possession, or control power in the form that the Client CUSTOMER requires within five (5) Working Days (or such other period as the Client CUSTOMER may specify) of the Client's CUSTOMER’s request; and provide all necessary assistance as reasonably requested by the Client CUSTOMER to enable the Client CUSTOMER to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client CUSTOMER shall be responsible for determining in its absolute discretion and notwithstanding whether any other provision in the Contract or any other contract whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the Code of Practice on Government Information, FOIA or the Environmental Information Regulations. In no event shall the Solicitor SERVICE PROVIDER respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientCUSTOMER. The Solicitor SERVICE PROVIDER acknowledges that (notwithstanding the provisions of Clause 6.2) the Client CUSTOMER may, acting in accordance with the Ministry Department of Justice CodesConstitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000, be obliged under the FOIA or the Environmental Information Regulations to disclose information concerning the Solicitor or the Contract Services: in certain circumstances Information without consulting or obtaining consent from the Solicitor; SERVICE PROVIDER, or following consultation with the Solicitor and despite having taken the SolicitorSERVICE PROVIDER’s views into account, provided always that where Clause 6.4.6 applies the Client shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor advanced notice, or failing that, to draw the disclosure to the Solicitor's attention after any such disclosure. The Solicitor SERVICE PROVIDER shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client on reasonable notice CUSTOMER to inspect such records as requested from time to time. The Solicitor acknowledges that the Commercially Sensitive Information is of an indicative nature only and that the Client may be obliged to disclose it in accordance with Clause 6.4.5.

Appears in 1 contract

Samples: Networks Framework Agreement

Freedom of Information. The Solicitor Supplier acknowledges that the Client Contracting Body is subject to the requirements Requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate with the Client Contracting Body to enable the Client Contracting Body to comply with its Information disclosure obligations. The Solicitor Supplier shall and shall procure that its Sub-Contractors contractors shall: transfer to the Client Contracting Body all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client Contracting Body with a copy of all Information relating to a Request for Information in its possession, or control in the form that the Client Contracting Body requires within five (5) Working Days (or such other period as the Client Contracting Body may specify) of the ClientContracting Body's request; and provide all necessary assistance as reasonably requested by the Client Contracting Body to enable the Client Contracting Body to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client Contracting Body shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the this Contract or any other contract Contract whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor Supplier respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientContracting Body. The Solicitor Supplier acknowledges that (notwithstanding the provisions of Clause 6.2clause 17.4) the Client Contracting Body may, acting in accordance with the Ministry Department of Justice CodesConstitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 ("the Code"), be obliged under the FOIA FOIA, or the Environmental Information Regulations to disclose information concerning the Solicitor Supplier or the Contract Services: in certain circumstances without consulting the SolicitorSupplier; or following consultation with the Solicitor Supplier and having taken the Solicitor’s their views into account, provided always that where Clause 6.4.6 clause 17.6.5 applies the Client Contracting Body shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor Supplier advanced notice, or failing that, to draw the disclosure to the Solicitor's Supplier’s attention after any such disclosure. The Solicitor Supplier shall ensure that all Information is retained for disclosure in accordance with the provisions of the this Contract and in any event in accordance with the requirements Requirements of Good Industry Practice and shall permit the Client on reasonable notice Contracting Body to inspect such records as requested from time to time. The Solicitor Supplier acknowledges that the Commercially Sensitive Information is of an indicative nature value only and that the Client Contracting Body may be obliged to disclose it in accordance with Clause 6.4.5clause 17.6.5.

Appears in 1 contract

Samples: data.gov.uk

Freedom of Information. The Solicitor Contractor acknowledges that the Client College is subject to the requirements of the Code of Practice on Government Information, FOIA and the Environmental Information Regulations and shall will assist and cooperate with the Client College to enable the Client College to comply with its Information disclosure obligations. The Solicitor shall Contractor will and shall will procure that its Subsub-Contractors shallcontractors will: transfer to the Client College all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Business Days of receiving a Request for Information; provide the Client College with a copy of all Information relating to a Request for Information in its possession, or control power in the form that the Client College (acting reasonably) requires within five (5) Working Business Days (or such other period as the Client College may specify) of the ClientCollege's request; and provide all necessary assistance as reasonably requested by the Client College to enable the Client College to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client shall be College is responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract or any other contract agreement whether the any Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the Code of Practice on Government Information, FOIA or the Environmental Information Regulations. In no event shall will the Solicitor Contractor respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientCollege. The Solicitor Contractor acknowledges that (notwithstanding the provisions of Clause 6.2paragraph 3) the Client College may, acting in accordance with the Ministry Department of Justice CodesConstitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000, be obliged under the FOIA FOIA, or the Environmental Information Regulations to disclose information concerning the Solicitor Contractor or the Contract Services: in certain circumstances without consulting the SolicitorContractor; or following consultation with the Solicitor Contractor and having taken the SolicitorContractor’s views into account, ; provided always that where Clause 6.4.6 paragraph 4.5 applies the Client College shall, in accordance with any recommendations of the CodeCode referred to above, take reasonable steps, where appropriate, to give the Solicitor Contractor advanced notice, or failing that, to draw the disclosure to the Solicitor's Contractor’s attention after any such disclosure. The Solicitor shall Contractor will ensure that all Information is retained for disclosure in accordance with the provisions of the Contract as required by Law and in any event in accordance with the requirements of Good Industry Practice and shall will permit the Client on reasonable notice College to inspect such records as requested from time to time. The Solicitor acknowledges that This paragraph 4 will survive termination of the Commercially Sensitive Information is of an indicative nature only Contract and that the Client may be obliged to disclose it continue in accordance with Clause 6.4.5full force and effect.

Appears in 1 contract

Samples: data.gov.uk

Freedom of Information. The Solicitor JVCo acknowledges that the Client Customer is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate with the Client Customer (at the JVCo’s expense) to enable the Client Customer to comply with its these Information disclosure obligationsrequirements. The Solicitor JVCo shall and shall procure that its Subsub-Contractors contractors shall: transfer any Request for Information to the Client all Requests for Information that it receives Customer as soon as practicable after receipt and in any event within two (2) Working Days of receiving a Request for Information; provide the Client Customer with a copy of all Information relating to a Request for Information in its possession, possession or control power in the form that the Client Customer requires within five (5) Working Days (or such other period as the Client Customer may specify) of the Client's requestCustomer requesting that Information; and provide all necessary assistance as reasonably requested by the Client Customer to enable the Client Customer to respond to the a Request for Information within the time for compliance set out in section 10 of the FOIA or regulation Regulation 5 of the Environmental Information Regulations. The Client Customer shall use reasonable endeavours to consult with the JVCo prior to disclosing any Information that may be Confidential Information in response to a Request for Information. Subject to clause 34.3, the Customer shall be responsible for determining in at its absolute discretion whether the Confidential Information and notwithstanding any other provision in the Contract / or any other contract whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, : is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In ; is to be disclosed in response to a Request for Information, and in no event shall the Solicitor JVCo respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientCustomer. The Solicitor JVCo acknowledges that (notwithstanding the provisions of Clause 6.2) the Client Customer may, acting in accordance with the Ministry Secretary of Justice CodesState for Constitutional Affairs’ Code of Practice on the discharge of public authorities’ functions under Part 1 of FOIA (issued under section 45 of FOIA, November 2004), be obliged under the FOIA or the Environmental Information Regulations to disclose information concerning the Solicitor or the Contract Services: in certain circumstances Information without consulting with the Solicitor; JVCo, or following consultation with the Solicitor JVCo and having taken the Solicitor’s its views into account, provided always that where Clause 6.4.6 applies the Client shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor advanced notice, or failing that, to draw the disclosure to the Solicitor's attention after any such disclosure. The Solicitor JVCo shall ensure that all Information produced in the course of this Agreement or relating to this Agreement is retained for disclosure in accordance with the provisions of the Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client on reasonable notice Customer to inspect such records as requested from time to time. The Solicitor JVCo acknowledges that the identification of Commercially Sensitive Information is of an indicative nature value only and that the Client Customer may nevertheless be obliged to disclose it Commercially Sensitive Information in accordance with Clause 6.4.5clause 34.5.

Appears in 1 contract

Samples: Covenantor Agreement

Freedom of Information. The Solicitor acknowledges parties acknowledge that the Client Authority is subject to the requirements of the FOIA and the Environmental Information Regulations and both parties shall assist and cooperate with facilitate the Client to enable the Client to comply Authority's compliance with its Information disclosure obligations. The Solicitor shall and shall procure that its Sub-Contractors shall: transfer requirements pursuant to the Client all Requests same in the manner provided for in Clause 113.5(b) to (k) (inclusive) below. Where the Contractor receives a Request for Information from the Authority in relation to Information that it receives the Subcontractor is holding on the Contractor’s behalf, and which the Contractor or the Authority does not hold itself, the Contractor shall refer the Request for Information to the Subcontractor as soon as practicable and in any event within two (2) Working 5 Business Days of after receiving a Request for Information; it and the Subcontractor shall: provide the Client Contractor with a copy of all the Information relating to a Request for Information in its possession, or control in the form that the Client Authority requires as soon as practicable and in any event within five (5) Working 10 Business Days (or such any other period as the Client Contractor acting reasonably may specify) of after the ClientAuthority's request; and provide all necessary assistance as reasonably requested by the Client Contractor in connection with the Information, to enable the Client Authority to respond to the a Request for Information within the time for compliance set out in section Section 10 of the FOIA or regulation Regulation 5 of the Environmental Information Regulations. The Client Following a referral under Clause 113.5(b), and until the time the Subcontractor has provided the Contractor with the Information specified in Clause 113.5(c), the Subcontractor may make representations to the Contractor as to whether or not or on what basis Information requested should be disclosed, and whether further information should reasonably be provided to identify and locate the Information requested, provided always that the Contractor shall be responsible for determining in at its absolute discretion and notwithstanding any other provision in the Contract or any other contract discretion: whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of under the FOIA or and the Environmental Information Regulations. In ; and whether Information is to be disclosed in response to a Request for Information, and in no event shall the Solicitor Subcontractor respond directly directly, or allow its subcontractors to respond directly, to a Request for Information unless expressly authorised in writing to do so by the ClientContractor in writing. The Solicitor acknowledges that (notwithstanding the provisions of Clause 6.2) the Client may, acting in accordance with the Ministry of Justice Codes, be obliged under the FOIA or the Environmental Information Regulations to disclose information concerning the Solicitor or the Contract Services: in certain circumstances without consulting the Solicitor; or following consultation with the Solicitor and having taken the Solicitor’s views into account, provided always that where Clause 6.4.6 applies the Client shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor advanced notice, or failing that, to draw the disclosure to the Solicitor's attention after any such disclosure. The Solicitor Subcontractor shall ensure that all Information held on behalf of the Contractor is retained for disclosure in accordance with for at least six years (from the provisions of the Contract and in any event in accordance with the requirements of Good Industry Practice date it is acquired) and shall permit the Client on reasonable notice Contractor to inspect such records the Information as requested from time to time. The Solicitor Subcontractor shall transfer to the Contractor any Request for Information received by the Subcontractor as soon as practicable and in any event within 2 Business Days after receiving it. The Subcontractor acknowledges that the Commercially Sensitive Information is any lists provided by him listing or outlining Confidential Information, are of an indicative nature value only and that the Client Authority may nevertheless be obliged to disclose it Confidential Information in accordance with the requirements of the FOIA and the Environmental Information Regulations. In the event of a referral from the Contractor pursuant to Clause 6.4.5.113.5(b), the Subcontractor shall as soon as practicable, and in any event within 5 Business Days after the referral, inform the Contractor of the Subcontractor's estimated costs of complying with the Request for Information to the extent these would be recoverable if incurred by the Authority under Section 12(1) of the FOIA and the Fees Regulations. Where the costs (either on their own or in conjunction with the Contractor or the Authority's own costs in respect of the Request for Information) will exceed the appropriate limit referred to in Section 12(1) of the FOIA and as set out in the Fees Regulations the Contractor shall inform the Subcontractor in writing whether or not it still requires the Subcontractor to comply with the Request for Information and, where it does require the Subcontractor to comply with the Request for Information, the 10 Business Days period for compliance shall be extended by the number of additional Business Days for compliance as the Authority is entitled to under Section 10 of the FOIA. In that case, the Contractor shall notify the Subcontractor of the additional Business Days as soon as practicable after becoming aware of them and shall reimburse the Subcontractor for the costs incurred by the Subcontractor in complying with the Request for Information to the extent it is itself entitled to reimbursement of those costs in accordance with its own FOIA policy from time to time. The parties acknowledge that (notwithstanding the provisions of Clause 115.3) the Authority may, acting in accordance with the Department of Constitutional Affairs' Code of Practice on the Discharge of Functions of Public Authorities under Part I of the Freedom of Information Act 2000 (the Code), be obliged under the FOIA, or the Environmental Information Regulations to disclose Information concerning the Contractor, the Subcontractor or the Services: in certain circumstances without consulting with the Contractor and/or the Subcontractor; or following consultation with the Contractor and/or the Subcontractor and having taken their views into account. Intellectual Property [MANDATORY] Ownership of Pre-existing Intellectual Property Rights All Intellectual Property Rights belonging to a party prior to the date of this Agreement shall remain vested in that party. All Intellectual Property Rights in or to any brand or trade mark shall remain vested in the owner of the relevant brand or trade mark and neither party's trade marks or brands shall be used by the other party for any purpose without the other party's prior written consent. If that consent is given, the party receiving consent shall use the relevant trade marks or brands in compliance with the consenting party's brand guidelines and in accordance with the terms and conditions of the consent or the relevant trade mark licence between the parties (if any). Licence of Intellectual Property Rights

Appears in 1 contract

Samples: Services Agreement

Freedom of Information. The Solicitor Supplier acknowledges that the Client Contracting Body is subject to the requirements Requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate with the Client Contracting Body to enable the Client Contracting Body to comply with its Information disclosure obligations. The Solicitor Supplier shall and shall procure that its Sub-Contractors contractors shall: transfer to the Client Contracting Body all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client Contracting Body with a copy of all Information relating to a Request for Information in its possession, or control in the form that the Client Contracting Body requires within five (5) Working Days (or such other period as the Client Contracting Body may specify) of the ClientContracting Body's request; and provide all necessary assistance as reasonably requested by the Client Contracting Body to enable the Client Contracting Body to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client Contracting Body shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the this Contract or any other contract Contract whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor Supplier respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientContracting Body. The Solicitor Supplier acknowledges that (notwithstanding the provisions of Clause 6.2clause 17.4) the Client Contracting Body may, acting in accordance with the Ministry Department of Justice CodesConstitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 ("the Code"), be obliged under the FOIA FOIA, or the Environmental Information Regulations to disclose information concerning the Solicitor Supplier or the Contract Services: in certain circumstances without consulting the SolicitorSupplier; or following consultation with the Solicitor Supplier and having taken the Solicitor’s their views into account, provided always that where Clause 6.4.6 clause 17.6.5 applies the Client Contracting Body shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor Supplier advanced notice, or failing that, to draw the disclosure to the Solicitor's Supplier’s attention after any such disclosure. The Solicitor Supplier shall ensure that all Information is retained for disclosure in accordance with the provisions of the this Contract and in any event in accordance with the requirements Requirements of Good Industry Practice and shall permit the Client on reasonable notice Contracting Body to inspect such records as requested from time to time. The Solicitor Supplier acknowledges that the Commercially Sensitive Information is of an indicative nature value only and that the Client Contracting Body may be obliged to disclose it in accordance with Clause 6.4.5clause 17.6.5.

Appears in 1 contract

Samples: Framework Agreement

Freedom of Information. The Solicitor Supplier acknowledges that the Client Customer is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate with the Client Customer to enable the Client Customer to comply with its Information disclosure obligations. The Solicitor Supplier shall and shall procure that its Sub-Contractors shall: transfer to the Client Customer all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client Customer with a copy of all Information relating to a Request for Information in its possession, or control in the form that the Client Customer requires within five (5) Working Days (or such other period as the Client Customer may specify) of the ClientCustomer's request; and provide all necessary assistance as reasonably requested by the Client Customer to enable the Client Customer to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract or any other contract whether the Commercially Sensitive Information and/or any other Information including SolicitorSupplier’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor Supplier respond directly to a Request for Information unless authorised in writing to do so by the ClientCustomer. The Solicitor Supplier acknowledges that (notwithstanding the provisions of Clause 6.2) the Client Customer may, acting in accordance with the Ministry of Justice Codes, be obliged under the FOIA or the Environmental Information Regulations to disclose information concerning the Solicitor Supplier or the Contract Services: in certain circumstances without consulting the SolicitorSupplier; or following consultation with the Solicitor Supplier and having taken the SolicitorSupplier’s views into account, provided always that where Clause 6.4.6 6.4.5 applies the Client Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor Supplier advanced notice, or failing that, to draw the disclosure to the SolicitorSupplier's attention after any such disclosure. The Solicitor Supplier shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client Customer on reasonable notice to inspect such records as requested from time to time. The Solicitor Supplier acknowledges that the Commercially Sensitive Information is of an indicative nature only and that the Client Customer may be obliged to disclose it in accordance with Clause 6.4.5.

Appears in 1 contract

Samples: data.gov.uk

Freedom of Information. The Solicitor acknowledges that the Client is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate with the Client to enable the Client to comply with its Information disclosure obligations. The Solicitor shall and shall procure that its Sub-Contractors shall: transfer to the Client all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client with a copy of all Information relating to a Request for Information in its possession, or control in the form that the Client requires within five (5) Working Days (or such other period as the Client may specify) of the Client's request; and provide all necessary assistance as reasonably requested by the Client to enable the Client to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract or any other contract whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor respond directly to a Request for Information unless authorised in writing to do so by the Client. The Solicitor acknowledges that (notwithstanding the provisions of Clause 6.2) the Client may, acting in accordance with the Ministry of Justice Codes, be obliged under the FOIA or the Environmental Information Regulations to disclose information concerning the Solicitor or the Contract Services: in certain circumstances without consulting the Solicitor; or following consultation with the Solicitor and having taken the Solicitor’s views into account, provided always that where Clause 6.4.6 applies the Client shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor advanced advance notice, or failing that, to draw the disclosure to the Solicitor's attention after any such disclosure. The Solicitor shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client on reasonable notice to inspect such records as requested from time to time. The Solicitor acknowledges that the Commercially Sensitive Information is of an indicative nature only and that the Client may be obliged to disclose it in accordance with Clause 6.4.5.

Appears in 1 contract

Samples: data.gov.uk

Freedom of Information. The Solicitor Service Provider acknowledges that the Client Authority is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate co-operate with the Client Authority to enable the Client Authority to comply with its Information disclosure obligations. The Solicitor Service Provider shall and shall procure that its Sub-Contractors shall: transfer to the Client Authority all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client Authority with a copy of all Information relating Information, relevant to a Request for Information Information, in its possessionpossession or power, or control in the form that the Client requires Authority requests within five (5) Working Days (or such other period as the Client Authority may specify) of the ClientAuthority's request; and provide all necessary assistance as reasonably requested by the Client Authority to enable the Client Authority to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract this Framework Agreement or any other contract agreement whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor Service Provider respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientAuthority. The Solicitor Service Provider acknowledges that (notwithstanding the provisions of this Clause 6.223) the Client Authority may, acting in accordance with the Ministry of Justice CodesJustice's Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 ("the Code"), be obliged under the FOIA FOIA, or the Environmental Information Regulations to disclose information concerning the Solicitor Service Provider or the Contract Services: in certain circumstances without consulting the SolicitorService Provider; or following consultation with the Solicitor Service Provider and having taken the Solicitor’s their views into account, provided always that where Clause 6.4.6 23.5 applies the Client Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor Service Provider advanced notice, or failing that, to draw the disclosure to the SolicitorService Provider's attention after any such disclosure. The Solicitor Service Provider shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract Clause 17 (Records and in any event in accordance with the requirements of Good Industry Practice Audit Access) and shall permit the Client on reasonable notice Authority to inspect such records as requested from time to time. The Solicitor Service Provider acknowledges that the description of information as Commercially Sensitive Information in Framework Schedule 12 (Commercially Sensitive Information) is of an indicative nature only and that the Client Authority may be obliged to disclose it in accordance with Clause 6.4.523.5.

Appears in 1 contract

Samples: Framework Agreement

Freedom of Information. The Solicitor Supplier acknowledges that the Client Customer is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate with the Client Customer to enable the Client Customer to comply with its Information disclosure obligations. The Solicitor Supplier shall and shall procure that its Sub-Contractors shall: transfer to the Client Customer all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client Customer with a copy of all Information relating relevant to a Request for Information in its possession, or control in the form that the Client Customer requires within five (5) Working Days (or such other period as the Client Customer may specify) of the ClientCustomer's request; and provide all necessary assistance as reasonably requested by the Client Customer to enable the Client Customer to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client Customer shall be responsible for determining in its sole and absolute discretion right to determine and notwithstanding any other provision in the this Contract or any other contract Contract whether the Commercially Sensitive Information and/or any other Information (including SolicitorSupplier’s Confidential Information, ) is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor Supplier respond directly to a Request for Information unless authorised in writing to do so by the ClientCustomer. The Solicitor Supplier acknowledges that (notwithstanding the provisions of Clause 6.221.6) the Client Customer may, acting in accordance with the Ministry Department of Justice CodesConstitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 ("the Code"), be obliged under the FOIA FOIA, or the Environmental Information Regulations to disclose information concerning the Solicitor Supplier or the Contract Services: in certain circumstances without consulting the SolicitorSupplier; or following consultation with the Solicitor Supplier and having taken the Solicitor’s their views into account, provided always that where this Clause 6.4.6 21.8.5 applies the Client Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor Supplier advanced notice, or failing that, to draw the disclosure to the SolicitorSupplier's attention after any such disclosure. The Solicitor Supplier shall ensure that all Information is retained for disclosure in accordance with the provisions of the this Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client on reasonable notice Customer to inspect such records as requested from time to time. The Solicitor Supplier acknowledges that the description of information as Commercially Sensitive Information is of an indicative nature value only and that the Client Customer may be obliged to disclose it in accordance with Clause 6.4.521.8.5 above.

Appears in 1 contract

Samples: Framework Agreement

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Freedom of Information. The Solicitor Each Authority acknowledges that all of the Client is Authorities are subject to the requirements provisions of the FOIA Freedom of Information Act 2000 (“FOIA”) and the Environmental Information Regulations 2004 (“EIR”) and each Authority shall where reasonable assist and cooperate co-operate with the Client any other Authority (at their own expense) to enable the Client that other Authority to comply with its Information these information disclosure obligations. The Solicitor Where an Authority receives a request for information under either the FOIA or the EIR in relation to information which it is holding on behalf of any of the other Authorities in relation to the Project, it shall (and shall procure that its Subconsultants and/or sub-Contractors contractors shall: ): transfer the request for information to the Client all Requests for Information that it receives other Authority as soon as practicable after receipt and in any event within two (2) Working Business Days of receiving a Request request for Informationinformation; provide the Client other Authority with a copy of all Information relating to a Request for Information information in its possession, possession or control power in the form that the Client Authority requires within five ten (510) Working Business Days (or such other longer period as the Client Authority may specify) of the Client's requestAuthority requesting that information; and provide all necessary assistance as reasonably requested by the Client other Authority to enable the Client Authority to respond to the Request a request for Information information within the time for compliance set out in section 10 of the FOIA or regulation 5 the EIR. Where an Authority receives a request for information under the FOIA or the EIR which relates to this Agreement or the Project, it shall inform the other Authorities of the Environmental Information Regulationsrequest for information as soon as practicable after receipt and in any event at least two (2) Business Days before disclosure and shall use all reasonable endeavours to consult with the other Authorities prior to disclosure and shall consider all representations made by the other Authority in relation to the decision whether or not to disclose the information requested. The Client Authorities shall be responsible for determining in its their absolute discretion and notwithstanding whether any other provision in information requested from them under the Contract FOIA or any other contract whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, EIR: is exempt from disclosure in accordance with the provisions of under the FOIA or the Environmental Information Regulations. In no event shall the Solicitor respond directly EIR; or is to be disclosed in response to a Request request for Information unless authorised in writing to do so by the Clientinformation. The Solicitor Each Authority acknowledges that (notwithstanding the provisions of Clause 6.2) the Client may, acting in accordance with the Ministry of Justice Codes, other Authorities may be obliged under the FOIA or the Environmental Information Regulations EIR to disclose information concerning the Solicitor or the Contract Servicesinformation: in certain circumstances without consulting the Solicitorother Authority where it has not been practicable to achieve such consultation; or following consultation with the Solicitor other Authorities and having taken the Solicitor’s their views into account. NO AGENCY OR PARTNERSHIP22 Save as expressly provided otherwise in this Agreement or where a statutory provision otherwise requires, provided always that where Clause 6.4.6 applies the Client shallAuthorities shall not in any way whatsoever: be, in accordance with any recommendations act or hold themselves out as an agent of the Code, take reasonable steps, where appropriate, other; make any representations or give any warranties to give third parties on behalf or in respect of the Solicitor advanced noticeother; or bind or hold themselves out as having authority or power to bind the other. Nothing in this Agreement shall create, or failing thatbe deemed to create, a partnership between the Authorities. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 199923 Nothing in this Agreement shall confer on any third party any benefit or the right to draw the disclosure to the Solicitor's attention after enforce any such disclosure. The Solicitor shall ensure that all Information is retained for disclosure in accordance with the provisions term of the Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client on reasonable notice to inspect such records as requested from time to time. The Solicitor acknowledges that the Commercially Sensitive Information is of an indicative nature only and that the Client may be obliged to disclose it in accordance with Clause 6.4.5this Agreement.

Appears in 1 contract

Samples: www.egenda.stockton.gov.uk

Freedom of Information. The Solicitor acknowledges that Subcontractor shall at the Client is subject to the requirements of the FOIA and the Environmental Information Regulations and shall Subcontractor’s expense assist and cooperate co-operate with the Client Sightsavers and any Regulatory Authority to enable the Client Sightsavers or DFID to comply with its Information disclosure obligationsrequirements. The Solicitor shall and shall procure that its Sub-Contractors Subcontractor shall: transfer forward to the Client all Sightsavers any Requests for Information that it receives as soon as practicable and in any event within two (2) one Working Days Day of receiving a receipt of the Request for Information; and provide the Client Sightsavers with a copy of all Information relating to a Request for Information in its possession, or control power in the form that the Client Sightsavers requires within five (5) three Working Days (or such other reasonable period as the Client Sightsavers may specify) of the Client's Sightsavers’ request; and provide all necessary assistance as reasonably requested by the Client Sightsavers to enable the Client Sightsavers to respond to the Request for Information within the time for compliance set out meet its obligations under a request from DFID in section 10 accordance with Clause 32 (Freedom of Information) of the FOIA or regulation 5 of the Environmental Information RegulationsDFID Contract. The Client Subcontractor acknowledges that DFID shall be responsible for determining in at its absolute discretion and notwithstanding whether any other provision in the Contract or Information, including any other contract whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, : is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations; is to be disclosed in response to a Request for Information. In no event shall the Solicitor Subcontractor respond directly to a Request request for Information information under FOIA unless expressly authorised in writing to do so by the ClientSightsavers. The Solicitor Subcontractor acknowledges that (notwithstanding the provisions of Clause 6.2) the Client DFID may, acting in accordance with any code if practice issued pursuant to Section 45 of FOIA (“the Ministry of Justice CodesCode”), be obliged under the FOIA FOIA, or the Environmental Information Regulations to disclose information concerning the Solicitor Subcontractor or the Contract Services: in In certain circumstances without consulting with the Solicitor; Subcontractor and/or Sightsavers, or following consultation with the Solicitor Subcontractor and/or Sightsavers and having taken the Solicitor’s their views into account, provided always that where Clause 6.4.6 applies the Client . The Subcontractor shall, during the Term of this Agreement and for a period of at least 7 years following the expiry or termination of this Agreement, retain and maintain all Information (wherever practical in hard copy form): in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor advanced notice, or failing that, to draw the disclosure to the Solicitor's attention after any such disclosure. The Solicitor shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract and in any event in accordance with the requirements of Good Industry Practice and Law; in chronological order; in a form that is capable of industry standard audit; and at its own expense; and shall permit Sightsavers, DFID and/or the Client on reasonable notice Regulatory Authority to inspect such records and shall provide any copies as maybe requested from time to timetime and at the expense of the Sightsavers, DFID and/or the Regulatory Authority. CONFIDENTIALITY Each Party ("Recipient") undertakes to treat as confidential all Confidential Information of the other Party ("Disclosing Party") and shall not disclose it to third parties, save as provided in Clause 18.2. The Solicitor acknowledges Recipient may only use the Confidential Information for the purposes of this Agreement and may provide the Subcontractor Personnel ("Permitted Users") with access to the Confidential Information only to the extent and as required for the performance of this Agreement or the Services. The Recipient shall ensure that each of its Permitted Users is bound to hold all Confidential Information in confidence to the standard required under this Agreement and complies with such obligations of confidence. This Clause 18 shall not apply to any information which: enters the public domain other than as a result of a breach of this Clause 18; is received from a third party which is not known (and ought not to be known) to the Recipient to be under a confidentiality obligation in respect of that information (except for DFID Data and/or Sightsavers Data received directly or indirectly from any third party); is independently developed by the Recipient without use of the Disclosing Party’s Confidential Information (except for DFID Data and/or Sightsavers Data received directly or indirectly from any third party); or was lawfully in the possession of the Recipient prior to disclosure (as evidenced by the records of the Recipient). The Recipient may disclose Confidential Information where required to do so by any Regulations. Subject to Clause 18.5, in these circumstances, the Recipient shall give the Disclosing Party prompt advance written notice of the disclosure (where lawful and practical to do so) so that the Commercially Sensitive Disclosing Party has sufficient opportunity (where possible) to prevent or control the manner of disclosure by appropriate legal means. The Subcontractor accepts that Confidential Information is of an indicative nature only may be disclosed to Government Bodies. The Subcontractor shall, and shall procure that the Client Subcontractor Personnel, comply with the Official Secrets Acts 1911 to 1989. Save as required by Regulations, the Subcontractor shall not make any public announcement concerning this Agreement or the activities in connection with this Agreement or refer to DFID or Sightsavers in any publicity or advertisement, except with the prior written approval of Sightsavers. Such approval may be obliged to disclose it conditional upon complying with any branding or publicity requirements specified by DFID or Sightsavers. This Clause 18 will remain in accordance with Clause 6.4.5force notwithstanding termination of this Agreement.

Appears in 1 contract

Samples: Subcontractor Services Agreement

Freedom of Information. The Solicitor Supplier acknowledges that the Client Customer is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate with the Client Customer to enable the Client Customer to comply with its Information disclosure obligations. The Solicitor Supplier shall and shall procure that its Sub-Contractors contractors shall: transfer to the Client Customer all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client Customer with a copy of all Information relating to a Request for Information in its possession, or control in the form that the Client Customer requires within five (5) Working Days (or such other period as the Client Customer may specify) of the ClientCustomer's request; and provide all necessary assistance as reasonably requested by the Client Customer to enable the Client Customer to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the this Contract or any other contract Contract whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor Supplier respond directly to a Request for Information unless authorised in writing to do so by the ClientCustomer. The Solicitor Supplier acknowledges that (notwithstanding the provisions of Clause 6.2clause 14.6) the Client Customer may, acting in accordance with the Ministry Department of Justice CodesConstitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 ("the Code"), be obliged under the FOIA FOIA, or the Environmental Information Regulations to disclose information concerning the Solicitor Supplier or the Contract Services: in certain circumstances without consulting the SolicitorSupplier; or following consultation with the Solicitor Supplier and having taken the Solicitor’s their views into account, provided always that where Clause 6.4.6 clause 14.6.5 applies the Client Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor Supplier advanced notice, or failing that, to draw the disclosure to the SolicitorSupplier's attention after any such disclosure. The Solicitor Supplier shall ensure that all Information is retained for disclosure in accordance with the provisions of the this Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client on reasonable notice Customer to inspect such records as requested from time to time. The Solicitor Supplier acknowledges that the Commercially Sensitive Information is of an indicative nature value only and that the Client Customer may be obliged to disclose it in accordance with Clause 6.4.5clause 14.7.

Appears in 1 contract

Samples: data.gov.uk

Freedom of Information. The Solicitor Supplier acknowledges that the Client Customer is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate with the Client Customer to enable the Client Customer to comply with its Information disclosure obligations. The Solicitor Supplier shall and shall procure that its Sub-Contractors Sub‑Contractors shall: transfer to the Client Customer all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client Customer with a copy of all Information relating to a Request for Information in its possession, or control in the form that the Client Customer requires within five (5) Working Days (or such other period as the Client Customer may specify) of the ClientCustomer's request; and provide all necessary assistance as reasonably requested by the Client Customer to enable the Client Customer to respond to the Request for Information within the time for compliance set out in section Section 10 of the FOIA or regulation 5 five (5) of the Environmental Information Regulations. The Client Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract these Rental Terms or any other contract whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor Supplier respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientCustomer. The Solicitor Supplier acknowledges that (notwithstanding the provisions of Clause 6.28.4 above) the Client Customer may, acting in accordance with the Ministry of Justice CodesJustice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 ("the Code"), be obliged under the FOIA FOIA, or the Environmental Information Regulations to disclose information concerning the Solicitor Supplier or the Contract Generators and/or Services: in certain circumstances without consulting the SolicitorSupplier; or following consultation with the Solicitor Supplier and having taken the Solicitor’s their views into account, provided always that where this Clause 6.4.6 8.6.5 applies the Client Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor Supplier advanced notice, or failing that, to draw the disclosure to the SolicitorSupplier's attention after any such disclosure. The Solicitor Supplier shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract Rental Agreement and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client on reasonable notice Customer to inspect such records as requested from time to time. The Solicitor Supplier acknowledges that the Commercially Sensitive Information is of an indicative nature value only and that the Client Customer may be obliged to disclose it in accordance with Clause 6.4.58.6.5 above.

Appears in 1 contract

Samples: Rental Agreement

Freedom of Information. The Solicitor Supplier acknowledges that the Client Customer is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate with the Client Customer to enable the Client Customer to comply with its Information disclosure obligations. The Solicitor Supplier shall and shall procure that its Sub-Contractors Sub‑Contractors shall: transfer to the Client Customer all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client Customer with a copy of all Information relating to a Request for Information in its possession, or control in the form that the Client Customer requires within five (5) Working Days (or such other period as the Client Customer may specify) of the ClientCustomer's request; and provide all necessary assistance as reasonably requested by the Client Customer to enable the Client Customer to respond to the Request for Information within the time for compliance set out in section Section 10 of the FOIA or regulation 5 five (5) of the Environmental Information Regulations. The Client Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the this Contract or any other contract whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor Supplier respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientCustomer. The Solicitor Supplier acknowledges that (notwithstanding the provisions of Clause 6.210.4 above) the Client Customer may, acting in accordance with the Ministry of Justice CodesJustice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 ("the Code"), be obliged under the FOIA FOIA, or the Environmental Information Regulations to disclose information concerning the Solicitor Supplier or the Contract Vehicles and/or Services: in certain circumstances without consulting the SolicitorSupplier; or following consultation with the Solicitor Supplier and having taken the Solicitor’s their views into account, provided always that where this Clause 6.4.6 10.6.5 applies the Client Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor Supplier advanced notice, or failing that, to draw the disclosure to the SolicitorSupplier's attention after any such disclosure. The Solicitor Supplier shall ensure that all Information is retained for disclosure in accordance with the provisions of the this Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client on reasonable notice Customer to inspect such records as requested from time to time. The Solicitor Supplier acknowledges that the Commercially Sensitive Information is of an indicative nature value only and that the Client Customer may be obliged to disclose it in accordance with Clause 6.4.510.6.5 above.

Appears in 1 contract

Samples: Framework Agreement

Freedom of Information. The Solicitor Service Provider acknowledges that the Client University is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate with facilitate the Client to enable the Client to comply University's compliance with its Information disclosure obligationsrequirements pursuant to the same in the manner provided for in Clauses 21.4.2 to 21.4.8 (inclusive) below. The Solicitor University shall reimburse the Service Provider's reasonable costs and expenses incurred in complying with its obligations under this Clause 21.4. Where the University receives a Request for Information in relation to Information that the Service Provider is holding on its behalf and which the University does not hold itself the University shall procure that its Sub-Contractors shall: transfer refer to the Client all Requests Service Provider such Request for Information that it receives as soon as practicable and in any event within five (5) Working Days of receiving a Request for Information and the Service Provider shall: provide the University with a copy of all Information requested in the form that the University requires as soon as practicable and in any event within ten (10) Working Days (or such other period as the University acting reasonably may specify) of the University's request; and provide all necessary assistance as reasonably requested by the University in connection with any such Information, to enable the University to respond to a Request for Information within the time for compliance set out in section 10 of the FOIA or Regulation 5 of the Environmental Information Regulations. Following notification under Clause 21.4.2 and up until such time as the Service Provider has provided the University with all the Information specified in Clause 21.4.221.4.2(a), the Service Provider may make representations to the University as to whether or not or on what basis Information requested should be disclosed, and whether further information should reasonably be provided in order to identify and locate the information requested, provided always that the University shall be responsible for determining at its absolute discretion whether Information is: exempt from disclosure under the FOIA and the Environmental Information Regulations; and to be disclosed in response to a Request for Information. In no event shall the Service Provider respond directly, or allow its sub-contractors to respond directly, to a Request for Information unless expressly authorised to do so by the University. The Service Provider shall ensure that all Information held on behalf of the University is retained for disclosure for at least seven (7) years (from the date it is acquired) and shall permit the University to inspect such Information as requested from time to time. The Service Provider shall transfer to the University any Request for Information received by the Service Provider as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide it. The Service Provider acknowledges that any lists which it provides listing or outlining information which is or which the Client with a copy Service Provider considers to be exempt from disclosure, are of all Information relating to a Request for Information in its possession, or control in the form indicative value only and that the Client requires University may nevertheless be obliged to disclose such information in accordance with the requirements of the FOIA and the Environmental Information Regulations. In the event of a request from the University pursuant to Clause 21.4.2, the Service Provider shall as soon as practicable, and in any event within five (5) Working Days of receipt of such request, inform the University of the Service Provider's estimated costs of complying with the request. The University shall inform the Service Provider in writing whether or not it still requires the Service Provider to comply with the request and where it does require the Service Provider to comply with the request the ten (or 10) Working Days period for compliance shall be extended by such other period number of additional days for compliance as the Client may specify) of the Client's request; and provide all necessary assistance as reasonably requested by the Client University is entitled to enable the Client to respond to the Request for Information within the time for compliance set out in under section 10 of the FOIA or regulation 5 FOIA. In such case, the University shall notify the Service Provider of such additional days as soon as practicable after becoming aware of them and shall reimburse the Environmental Information RegulationsService Provider for such costs as the Service Provider incurs in complying with the request. The Client shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract or any other contract whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor respond directly to a Request for Information unless authorised in writing to do so by the Client. The Solicitor Service Provider acknowledges that (notwithstanding the provisions of Clause 6.221.1) the Client University may, acting in accordance with the Ministry Department of Justice CodesConstitutional Affairs' Code of Practice on the Discharge of Functions of Public Authorities under Part I of the Freedom of Information Xxx 0000 (the "Code"), be obliged under the FOIA FOIA, or the Environmental Information Regulations to disclose information Information concerning the Solicitor Service Provider or the Contract ServicesProject: in certain circumstances without consulting with the SolicitorService Provider; or following consultation with the Solicitor Service Provider and having taken the Solicitor’s its views into account, provided always that where Clause 6.4.6 applies the Client shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor advanced notice, or failing that, to draw the disclosure to the Solicitor's attention after any such disclosure. The Solicitor shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client on reasonable notice to inspect such records as requested from time to time. The Solicitor acknowledges that the Commercially Sensitive Information is of an indicative nature only and that the Client may be obliged to disclose it in accordance with Clause 6.4.5.,

Appears in 1 contract

Samples: gabrielquotes.files.wordpress.com

Freedom of Information. The Solicitor Contractor acknowledges that the Client Authority is subject to the requirements of the Code of Practice on Government Information, FOIA and the Environmental Information Regulations and shall assist and cooperate co-operate with the Client Authority to enable the Client Authority to comply with its Information disclosure obligations. The Solicitor Contractor shall and shall procure that its Sub-Contractors shall: transfer to the Client Authority all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Business Days of receiving a Request for Information; provide the Client Authority with a copy of all Information relating to a Request for Information in its possession, or control power in the form that the Client Authority requires within five (5) Working Business Days (or such other period as the Client Authority may specify) of the ClientAuthority's request; and provide all necessary assistance as reasonably requested by the Client Authority to enable the Client Authority to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract or any other contract agreement whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the Code of Practice on Government Information, FOIA or the Environmental Information Regulations. In no event shall the Solicitor Contractor respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientAuthority. The Solicitor Contractor acknowledges that (notwithstanding the provisions of Clause 6.2this clause 29.10 Freedom of Information) the Client may, acting in accordance with the Ministry of Justice Codes, Authority may be obliged under the FOIA FOIA, or the Environmental Information Regulations to disclose information concerning the Solicitor Contractor or the Contract Services: in certain circumstances without consulting the SolicitorContractor; or following consultation with the Solicitor Contractor and having taken the Solicitor’s their views into account, ; provided always that where Clause 6.4.6 clause 29.10.5.1 (Freedom of Information) applies the Client shall, in accordance with any recommendations of the Code, Authority shall take reasonable steps, where appropriate, to give the Solicitor Contractor advanced notice, or failing that, to draw the disclosure to the Solicitor's Contractor’s attention after any such disclosure. The Solicitor Contractor shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract and in any event in accordance with the requirements of Good Industry Practice Schedule 8 (Commercially Sensitive Information) and shall permit the Client on reasonable notice Authority to inspect such records as requested from time to time. The Solicitor Contractor acknowledges that the Commercially Sensitive Information listed in Schedule 8 (Commercially Sensitive Information) is of an indicative nature value only and that the Client Authority may be obliged to disclose it in accordance with Clause 6.4.5clause 29.10.5 (Freedom of Information).

Appears in 1 contract

Samples: data.gov.uk

Freedom of Information. The Solicitor Service Provider acknowledges that the Client Customer is subject to the requirements of the Code of Practice on Government Information, FOIA and the Environmental Information Regulations and shall assist and cooperate co-operate with the Client Customer to enable the Client Customer to comply with its Information disclosure obligations. The Solicitor Service Provider shall and shall procure that its Subsub-Contractors shall: contractors shall:- transfer to the Client Customer all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client Customer with a copy of all Information relating to a Request for Information in its possession, or control power in the form that the Client requires Customer requests within five (5) Working Days (or such other period as the Client Customer may specify) of the ClientCustomer's request; and provide all necessary assistance as reasonably requested by the Client Customer to enable the Client Customer to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the this Contract or any other contract agreement whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor Service Provider respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientCustomer. The Solicitor Service Provider acknowledges that (notwithstanding the provisions of Clause 6.216.1.15) the Client Customer may, acting in accordance with the Ministry of Justice CodesJustice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 (“the Code”), be obliged under the FOIA FOIA, or the Environmental Information Regulations to disclose information concerning the Solicitor Service Provider or the Contract Services: Services:- in certain circumstances without consulting the SolicitorService Provider; or following consultation with the Solicitor Service Provider and having taken the Solicitor’s their views into account, provided always that where Clause 6.4.6 applies 7.50 applies, the Client Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor Service Provider advanced notice, or failing that, to draw the disclosure to the SolicitorService Provider's attention after any such disclosure. The Solicitor Service Provider shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract and in any event in accordance with the requirements of Good Industry Practice Clause 17.1.15 and shall permit the Client on reasonable notice Customer to inspect such records as requested from time to time. The Solicitor Service Provider acknowledges that the Commercially Sensitive Information listed in the Order Form is of an indicative nature value only and that the Client Customer may be obliged to disclose it in accordance with Clause 6.4.516.1.39.

Appears in 1 contract

Samples: data.gov.uk

Freedom of Information. The Solicitor Supplier acknowledges that the Client Customer is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate with the Client Customer to enable the Client Customer to comply with its Information disclosure obligations. The Solicitor Supplier shall and shall procure that its Sub-Contractors Sub‑contractors shall: transfer to the Client Customer all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client Customer with a copy of all Information relating to a Request for Information in its possession, or control in the form that the Client Customer requires within five (5) Working Days (or such other period as the Client Customer may specify) of the ClientCustomer's request; and provide all necessary assistance as reasonably requested by the Client Customer to enable the Client Customer to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the this Contract or any other contract Contract whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor Supplier respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientCustomer. The Solicitor Supplier acknowledges that (notwithstanding the provisions of Clause 6.2clause 17.6) the Client Customer may, acting in accordance with the Ministry Department of Justice CodesConstitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 ("the Code"), be obliged under the FOIA FOIA, or the Environmental Information Regulations to disclose information concerning the Solicitor Supplier or the Contract Services: in certain circumstances without consulting the SolicitorSupplier; or following consultation with the Solicitor Supplier and having taken the Solicitor’s their views into account, provided always that where Clause 6.4.6 clause 17.8.5 applies the Client Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor Supplier advanced notice, or failing that, to draw the disclosure to the SolicitorSupplier's attention after any such disclosure. The Solicitor Supplier shall ensure that all Information is retained for disclosure in accordance with the provisions of the this Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client on reasonable notice Customer to inspect such records as requested from time to time. The Solicitor Supplier acknowledges that the Commercially Sensitive Information is of an indicative nature value only and that the Client Customer may be obliged to disclose it in accordance with Clause 6.4.5clause 17.8.5.

Appears in 1 contract

Samples: Framework Agreement

Freedom of Information. The Solicitor Provider acknowledges that the Client is Contracting Bodies are subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate co-operate with the Client Contracting Bodies to enable the Client them to comply with its their Information disclosure obligations. The Solicitor Provider shall and shall procure that its Subsub-Contractors shall: contractors shall:- transfer to the Client relevant Contracting Body all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client Contracting Body with a copy of all Information relating to a Request for Information in its possession, or control power in the form that the Client requires Authority requests within five (5) Working Days (or such other period as the Client Contracting Body may specify) of the Client's Contracting Body’s request; and provide all necessary assistance as reasonably requested by the Client Contracting Body to enable the Client Contracting Body to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client Contracting Bodies shall be responsible for determining in its their absolute discretion and notwithstanding any other provision in the Contract this Framework Agreement or any other contract agreement whether the Commercially Sensitive any Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor Provider respond directly to a Request for Information unless expressly authorised in writing to do so by the Clienta Contracting Body. The Solicitor Provider acknowledges that (notwithstanding the provisions of this Clause 6.220) the Client Contracting Bodies may, acting in accordance with the Ministry Secretary of Justice CodesState’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 ("the Code"), be obliged under the FOIA FOIA, or the Environmental Information Regulations to disclose information concerning the Solicitor Provider or the Contract Services: Services:- in certain circumstances without consulting the SolicitorProvider; or following consultation with the Solicitor Provider and having taken the Solicitor’s their views into account, provided always that where Clause 6.4.6 20.5.1 applies the Client Contracting Body shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor Provider advanced notice, or failing that, to draw the disclosure to the SolicitorProvider's attention after any such disclosure. The Solicitor Provider shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract and in any event in accordance with the requirements of Good Industry Practice Clause 16 and shall permit the Client on reasonable notice Contracting Bodies to inspect such records as requested from time to time. The Solicitor Provider acknowledges that the Commercially Sensitive marking of Information as being confidential or commercially sensitive is of an indicative nature value only and that the Client Contracting Bodies may be obliged to disclose it in accordance with Clause 6.4.520.5.

Appears in 1 contract

Samples: Framework Agreement

Freedom of Information. The Solicitor SERVICE PROVIDER acknowledges that the Client CUSTOMER is subject to the requirements of the Code of Practice on Government Information, FOIA and the Environmental Information Regulations and shall assist and cooperate with the Client CUSTOMER to enable the Client CUSTOMER to comply with its Information disclosure obligations. The Solicitor SERVICE PROVIDER shall and shall procure that its Sub-Contractors shall: transfer to the Client CUSTOMER all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client CUSTOMER with a copy of all Information relating to a Request for Information in its possession, or control power in the form that the Client CUSTOMER requires within five (5) Working Days (or such other period as the Client CUSTOMER may specify) of the Client's CUSTOMER’s request; and provide all necessary assistance as reasonably requested by the Client CUSTOMER to enable the Client CUSTOMER to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client CUSTOMER shall be responsible for determining in its absolute discretion and notwithstanding whether any other provision in the Contract or any other contract whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the Code of Practice on Government Information, FOIA or the Environmental Information Regulations. In no event shall the Solicitor SERVICE PROVIDER respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientCUSTOMER. The Solicitor SERVICE PROVIDER acknowledges that (notwithstanding the provisions of Clause 6.2) the Client CUSTOMER may, acting in accordance with the Ministry Department of Justice CodesConstitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000, be obliged under the FOIA or the Environmental Information Regulations to disclose information concerning the Solicitor or the Contract Services: in certain circumstances Information without consulting or obtaining consent from the Solicitor; SERVICE PROVIDER, or following consultation with the Solicitor and despite having taken the SolicitorSERVICE PROVIDER’s views into account, provided always that where Clause 6.4.6 applies the Client shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor advanced notice, or failing that, to draw the disclosure to the Solicitor's attention after any such disclosure. The Solicitor SERVICE PROVIDER shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client on reasonable notice CUSTOMER to inspect such records as requested from time to time. The Solicitor acknowledges that the Commercially Sensitive Information is of an indicative nature only and that the Client may be obliged to disclose it in accordance with Clause 6.4.5.

Appears in 1 contract

Samples: Confidentiality Agreement

Freedom of Information. The Solicitor Supplier acknowledges that the Client Authority is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate co-operate with the Client Authority to enable the Client Authority to comply with its Information disclosure obligations. The Solicitor Supplier shall and shall procure that its Sub-Contractors shall: transfer to the Client Authority all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client Authority with a copy of all Information relating Information, relevant to a Request for Information Information, in its possessioncontrol, possession or control power, in the form that the Client requires Authority requests within five (5) Working Days (or such other period as the Client Authority may specify) of the ClientAuthority's request; and provide all necessary assistance as reasonably requested by the Client Authority to enable the Client Authority to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract this Framework Agreement or any other contract agreement whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor Supplier respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientAuthority. The Solicitor Supplier acknowledges that (notwithstanding the provisions of this Clause 6.2FREEDOM OF INFORMATION) the Client Authority may, acting in accordance with the Ministry of Justice CodesJustice's Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 ("the Code"), be obliged under the FOIA FOIA, or the Environmental Information Regulations to disclose information concerning the Solicitor Supplier or the Contract Services: in certain circumstances without consulting the SolicitorSupplier; or following consultation with the Solicitor Supplier and having taken the Solicitor’s their views into account, provided always that where this Clause 6.4.6 The Supplier acknowledges that (notwithstanding the provisions of this Clause FREEDOM OF INFORMATION) the Authority may, acting in accordance with the Ministry of Justice's Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 ("the Code"), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Supplier or the Services: applies the Client Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor Supplier advanced notice, or failing that, to draw the disclosure to the SolicitorSupplier's attention after any such disclosure. The Solicitor Supplier shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract Clause RECORDS AND AUDIT ACCESS (Records and in any event in accordance with the requirements of Good Industry Practice Audit Access) and shall permit the Client on reasonable notice Authority to inspect such records as requested from time to time. The Solicitor Supplier acknowledges that the Commercially Sensitive Information listed in Framework Agreement Schedule 12 (Commercially Sensitive Information) is of an indicative nature value only and that the Client Authority may be obliged to disclose it in accordance with Clause 6.4.5The Supplier acknowledges that (notwithstanding the provisions of this Clause FREEDOM OF INFORMATION) the Authority may, acting in accordance with the Ministry of Justice's Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 ("the Code"), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Supplier or the Services:.

Appears in 1 contract

Samples: Framework Agreement

Freedom of Information. The Solicitor provider acknowledges that the Client local authority is subject to the requirements of the FOIA Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 and shall assist and cooperate co-operate with the Client local authority to enable the Client local authority to comply with its Information these information disclosure obligationsrequirements. The Solicitor shall and shall procure that its Sub-Contractors provider shall: transfer the request for information to the Client all Requests for Information that it receives local authority as soon as practicable after receipt and in any event within two (2) Working Days working days of receiving a Request request for Informationinformation; provide the Client local authority with a copy of all Information relating to a Request for Information information in its possession, possession or control power in the form that the Client local authority requires within five (5) Working Days working days (or such other period as the Client local authority may specify) of the Client's requestlocal authority requesting that information; and provide all necessary assistance as reasonably requested by the Client local authority to enable the Client local authority to respond to the Request a request for Information information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information RegulationsRegulations 2004. The Client local authority shall be responsible for determining in at its absolute discretion and notwithstanding any other provision in the Contract or any other contract whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, information: is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In Regulations 2004; is to be disclosed in response to a request for information, and in no event shall the Solicitor provider respond directly to a Request request for Information information unless expressly authorised in writing to do so by the Clientlocal authority. The Solicitor provider acknowledges that (notwithstanding the provisions of Clause 6.2) the Client local authority may, acting in accordance with the Ministry Secretary of Justice CodesState for Constitutional Affairs' Code of Practice on the discharge of public authorities' functions under Part 1 of FOIA (issued under section 45 of the FOIA, November 2004), be obliged under the FOIA or the Environmental Information Regulations 2004 to disclose information concerning the Solicitor or the Contract Servicesinformation: in certain circumstances without consulting with the Solicitorprovider ; or following consultation with the Solicitor provider and having taken the Solicitorprovider’s views into account, provided always that that, where Clause 6.4.6 applies this applies, the Client local authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor advanced provider advance notice, or failing that, to draw the disclosure to the Solicitor's his attention after any such disclosure. The Solicitor provider shall ensure that all Information information produced in the course of the Agreement or relating to the Agreement is retained for disclosure in accordance with the provisions of the Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client on reasonable notice local authority to inspect such records as requested from time to time. Anti-discrimination The Solicitor acknowledges provider shall not unlawfully discriminate within the meaning and scope of any law, enactment, order, or regulation relating to discrimination (whether in race, gender, religion, disability, sexual orientation, age or otherwise). The provider shall take all reasonable steps to secure the observance of this clause by all members of the provider’s staff. Appendix G Short Consent Form Free Early Learning for 3 & 4 year olds 30 hours Extended Entitlement Child’s first name Child’s last name Child’s DOB Parents National Insurance number 11 digit unique code I confirm that I am the Commercially Sensitive Information is of an indicative nature only legal parent/carer for the child named overleaf and that the Client information on this form is correct. I agree that you may use the information I have provided to process my claim for a free early learning place and to contact other sources, as allowed by law, to verify my initial and ongoing entitlement. I agree that the information may be obliged used to disclose assess further benefits for my child and my child’s school (or other setting), ensure accuracy of records across the local authority and the check against fraud. I agree that my chosen early years provider may share information about my child’s progress as part of ongoing research to support the development of services for young children in Slough. Under the Data Protection Act 2018, we are required to gain your permission to keep personal details for you and your children on our database. Slough Borough Council and its agents may share this information with government and local authority departments and other authorised organisations for administrative, statistical and research purposes. For further information please visit: xxxx://xxx.xxxxxx.xxx.xx/council/data-protection-and-foi/privacy-notices.aspx Completing this form and signing it gives us your informed consent. If you are unable to access the provided links or wish to submit a query in accordance with Clause 6.4.5relation to fair processing, please contact the data protection officer at XxxxXxxxxxxxxxXxxxxxx@xxxxxx.xxx.xx I have read and understood the statements above and would like to apply for a free early learning place for my child. Parent’s signature Print name Date Appendix H Funding offer Starting a new funded child Consider how many weeks you will be operational during the child’s funded year • When does the funded year start and how many weeks holiday will you have? • For term time only provision consider how does the above compare to the academic year? • Divide the total yearly funding entitlement (either 570 or 1140) by the number of weeks open to give the number of funded hours offered per week. Financial Year 2018 / 2019 Funded period Term time only Hours Stretched Hours Summer 2018/19 1st April – 31st August 13 weeks 195 22 weeks 241 Autumn 2018 / 19 1st September – 31st December 14 weeks 210 17 weeks 186 Spring 2018 / 19 1st January – 31st March 11 weeks 165 13 weeks 142 38 weeks 570 52 weeks 569 Academic year: Most schools will operate according to their academic year which usually runs from September – July /August. Term dates: Term dates are set by the local authority as a guide but schools are not required to adopt them. Some schools will choose their own term dates that will fall within the funding periods but not total more than 38 weeks per year (39 weeks including inset dates). Financial year: The local authority’s financial year begins on 1st April and ends on the 31st March. The local authority is allocated funds from central government to pay for funded early learning places across the borough and the total budget is for the financial year.

Appears in 1 contract

Samples: thelink.slough.gov.uk

Freedom of Information. The Solicitor Project Co acknowledges that the Client Authority is subject to the requirements of the FOIA FOI(S)A and the Environmental Information (Scotland) Regulations and shall assist and cooperate with the Client Authority to enable facilitate the Client to comply Authority's compliance with its Information disclosure obligations. The Solicitor shall and shall procure that its Sub-Contractors shall: transfer requirements pursuant to the Client all Requests same in the manner provided for in Clauses 62.2 to 62.8. Where the Authority receives a Request for Information in relation to Information that it receives Project Co is holding on its behalf and which the Authority does not hold itself the Authority shall refer to Project Co such Request for Information as soon as practicable and in any event within two five (25) Working Business Days of receiving a such Request for Information; Information and Project Co shall: provide the Client Authority with a copy of all such Information relating to a Request for Information in its possession, or control in the form that the Client Authority requires as soon as practicable and in any event within five (5) Working Business Days (or such other period as the Client Authority acting reasonably may specify) of the ClientAuthority's request; and provide all necessary assistance as reasonably requested by the Client Authority in connection with any such Information, to enable the Client Authority to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA FOI(S)A or regulation Regulation 5 of the Environmental Information (Scotland) Regulations. The Client Following notification under Clause 62.2, and up until such time as Project Co has provided the Authority with all the Information specified in Clause 62.2.1, Project Co may make representations to the Authority as to whether or not or on what basis Information requested should be disclosed, and whether further information should reasonably be provided in order to identify and locate the information requested, provided always that the Authority shall be responsible for determining in at its absolute discretion and notwithstanding any other provision in the Contract or any other contract discretion: whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with under the provisions of the FOIA or FOI(S)A and the Environmental Information (Scotland) Regulations. In ; whether Information is to be disclosed in response to a Request for Information, and in no event shall the Solicitor Project Co respond directly directly, or allow its Sub-Contractors to respond directly, to a Request for Information unless expressly authorised in writing to do so by the ClientAuthority. The Solicitor Project Co shall ensure that all Information held on behalf of the Authority is retained for disclosure for at least the number of years (from the date it is acquired) [specified in the Authority Policy relating to records retention] and shall permit the Authority to inspect such Information as requested from time to time. Project Co shall transfer to the Authority any Request for Information received by Project Co as soon as practicable and in any event within two (2) Business Days of receiving it. Project Co acknowledges that any lists provided by it listing or outlining Confidential Information are of indicative value only and that the Authority may nevertheless be obliged to disclose Confidential Information in accordance with the requirements of FOI(S)A and the Environmental (Scotland) Regulations. In the event of a request from the Authority pursuant to Clause 62.2 Project Co shall as soon as practicable, and in any event within five (5) Business Days of receipt of such request, inform the Authority of Project Co's estimated costs of complying with the request to the extent these would be recoverable, if incurred by the Authority, under section 13(1) of the FOI(S)A and the Fees Regulations. Where such costs (either on their own or in conjunction with the Authority's own such costs in respect of such Request for Information) will exceed the appropriate limit referred to in section 12(1) of the FOI(S)A and as set out in the Fees Regulations (the "Appropriate Limit") the Authority shall inform Project Co in writing whether or not it still requires Project Co to comply with the request and where it does require Project Co to comply with the request the ten (10) Business Days period for compliance shall be extended by such number of additional days for compliance as the Authority is entitled to under section 10 of the FOI(S)A. In such case, the Authority shall notify Project Co of such additional days as soon as practicable after becoming aware of them and shall reimburse Project Co for such costs as Project Co incurs in complying with the request to the extent it is itself entitled to reimbursement of such costs in accordance with its own FOI(S)A policy from time to time. Project Co acknowledges that (notwithstanding the provisions of Clause 6.261 (Confidentiality)) the Client Authority may, acting in accordance with the Ministry Scottish Ministers Code of Justice CodesPractice on the Discharge of Functions of Public Authorities under Part 6 of the Freedom of Information (Scotland) Act 2002 (the "Code"), and/or having full regard to any guidance or briefings issued by the Scottish Information Commissioner or the Scottish Ministers, be obliged under the FOIA FOI(S)A, or the Environmental Information (Scotland) Regulations to disclose information Information concerning the Solicitor Project Co or the Contract ServicesProject: in certain circumstances without consulting the Solicitorwith Project Co; or following consultation with the Solicitor Project Co and having taken the Solicitor’s their views into account, provided always that where Clause 6.4.6 62.8.1 above applies the Client Authority shall, in accordance with any the recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor advanced notice, or failing that, to draw the disclosure this to the Solicitor's attention after of Project Co prior to any such disclosure. The Solicitor shall ensure that all Information is retained for disclosure in accordance with In the provisions of the Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client on reasonable notice to inspect such records as requested from time to time. The Solicitor acknowledges that the Commercially Sensitive Project Co is or becomes subject to Environmental Information is of an indicative nature only (Scotland) Regulations or FOI(S)A it shall comply with its obligations under Environmental Information (Scotland) Regulations and that FOI(S)A. In doing so, it will use reasonable endeavours to consult the Client may be obliged to disclose it in accordance with Clause 6.4.5.Authority before disclosing Information about them or any agreement entered into between the Authority and Project Co.

Appears in 1 contract

Samples: Form Project Agreement

Freedom of Information. The Solicitor Supplier acknowledges that the Client Customer is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate with the Client Customer to enable the Client Customer to comply with its Information disclosure obligations. The Solicitor Supplier shall and shall procure that its Sub-Contractors contractors shall: transfer to the Client Customer all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client Customer with a copy of all Information relating to a Request for Information in its possession, or control in the form that the Client Customer requires within five (5) Working Days (or such other period as the Client Customer may specify) of the ClientCustomer's request; and provide all necessary assistance as reasonably requested by the Client Customer to enable the Client Customer to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the this Contract or any other contract Contract whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor Supplier respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientCustomer. The Solicitor Supplier acknowledges that (notwithstanding the provisions of Clause 6.2clause 20.6) the Client Customer may, acting in accordance with the Ministry Department of Justice CodesConstitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 ("the Code"), be obliged under the FOIA FOIA, or the Environmental Information Regulations to disclose information concerning the Solicitor Supplier or the Contract Services: in certain circumstances without consulting the SolicitorSupplier; or following consultation with the Solicitor Supplier and having taken the Solicitor’s their views into account, provided always that where Clause 6.4.6 clause 20.8.5 applies the Client Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor Supplier advanced notice, or failing that, to draw the disclosure to the SolicitorSupplier's attention after any such disclosure. The Solicitor Supplier shall ensure that all Information is retained for disclosure in accordance with the provisions of the this Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client on reasonable notice Customer to inspect such records as requested from time to time. The Solicitor Supplier acknowledges that the Commercially Sensitive Information is of an indicative nature value only and that the Client Customer may be obliged to disclose it in accordance with Clause 6.4.5.clause 20.8.5. The Contractor shall use its best endeavours to ensure that its Staff, professional advisors and consultants comply with FOIA Transparency The parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, the content of this Contract is not Confidential Information. The Customer shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FOIA. Notwithstanding any other term of this Contract, the Supplier hereby gives his consent for the Customer to publish the Contract in its entirety, including from time to time agreed changes to the Agreement, to the general public. The Customer may consult with the Supplier to inform its decision regarding any redactions but the Customer shall have the final decision in its absolute discretion. The Supplier shall assist and cooperate with the Customer to enable the Customer to publish this Contract. WARRANTIES AND REPRESENTATIONS The Supplier warrants, represents and undertakes to the Customer that: it has full capacity and authority and all necessary consents (including where its procedures so require, the consent of its Parent Company) to enter into and perform its obligations under the Contract; the Contract is executed by a duly authorised representative of the Supplier; in entering the Contract it has not committed any Fraud; as at the Commencement Date, all information, statements and representations contained in the Tender and the PQQ Response for the Services are true, accurate and not misleading save as may have been specifically disclosed in writing to the Customer prior to execution of the Contract and it will advise the Customer of any fact, matter or circumstance of which it may become aware which would render any such information, statement or representation to be false or misleading and all warranties and representations contained in the PQQ Response and Tender shall be deemed repeated in this Contract; no claim is being asserted and no litigation, arbitration or administrative proceeding is presently in progress or, to the best of its knowledge and belief, pending or threatened against it or its assets which will or might affect its ability to perform its obligations under the Contract; it is not subject to any contractual obligation, compliance with which is likely to have an adverse effect on its ability to perform its obligations under the Contract; no proceedings or other steps have been taken and not discharged (nor, to the best of its knowledge, are threatened) for the winding up of the Supplier or for its dissolution or for the appointment of a receiver, administrative receiver, liquidator, manager, administrator or similar officer in relation to any of the Supplier's assets or revenue; it owns, has obtained or is able to obtain valid licences for all Intellectual Property Rights that are necessary for the performance of its obligations under the Contract; The Supplier warrants represents and undertakes to the Customer that: the Services shall be provided and carried out by appropriately experienced, qualified and trained Staff with all due skill, care and diligence; in the three (3) years prior to the Commencement Date: it has conducted all financial accounting and reporting activities in all material respects in compliance with the generally accepted accounting principles that apply to it in any country where it files accounts; and it has been in full compliance with all applicable securities and tax laws and regulations in the jurisdiction in which it is established; it has not done or omitted to do anything which could have an adverse effect on its assets, financial condition or position as an ongoing business concern or its ability to fulfil its obligations under the Contract; and for the Contract Period that all Staff will be vetted in accordance with Good Industry Practice, the Security Policy and the Quality Standards. For the avoidance of doubt, the fact that any provision within this Contract is expressed as a warranty shall not preclude any right of termination the Customer may have in respect of breach of that provision by the Supplier. The Supplier acknowledges and agrees that: the warranties, representations and undertakings contained in this Contract are material and are designed to induce the Customer into entering into this contract; and the Customer has been induced into entering into this Contract and in doing so has relied upon the warranties, representations and undertakings contained herein. LIABILITIES

Appears in 1 contract

Samples: ''

Freedom of Information. The Solicitor Supplier acknowledges that the Client Customer is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate co-operate with the Client Customer to enable the Client Customer to comply with its Information disclosure obligations. The Solicitor shall and shall procure that its Sub-Contractors Supplier shall: transfer to the Client Customer all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client Customer with a copy of all Information Information, relating to a Request for Information Information, in its possessionpossession or control, or control in the form that the Client Customer requires within five (5) Working Days (or such other period as the Client Customer may specify) of the ClientCustomer's request; and provide all necessary assistance as reasonably requested by the Client Customer to enable the Client Customer to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract this Call-Off Agreement or any other contract agreement whether the Commercially Sensitive Information and/or any other Information (including SolicitorSupplier’s Confidential Information, ) is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor Supplier respond directly to a Request for Information unless authorised in writing to do so by the ClientCustomer. The Solicitor Supplier acknowledges that (notwithstanding the provisions of Clause 6.2) the Client Customer may, acting in accordance with the Ministry of Justice CodesJustice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 ("the Code"), be obliged under the FOIA FOIA, or the Environmental Information Regulations to disclose information Information concerning the Solicitor Supplier or the Contract G-Cloud Services: in certain circumstances without consulting the SolicitorSupplier; or following consultation with the Solicitor Supplier and having taken the Solicitor’s its views into account, ; provided always that where Clause 6.4.6 3.3.5 applies the Client Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor Supplier advanced notice, or failing that, to draw the disclosure to the SolicitorSupplier's attention after any such disclosure. The Solicitor shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client on reasonable notice to inspect such records as requested from time to time. The Solicitor Supplier acknowledges that the description of information as Commercially Sensitive Information in Framework Schedule 7 (Interpretations and Definitions) is of an indicative nature only and that the Client Customer may be obliged to disclose it in accordance with this Clause 6.4.53.3.

Appears in 1 contract

Samples: Framework Agreement

Freedom of Information. The Solicitor Supplier acknowledges that the Client Authority is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate co-operate with the Client Authority to enable the Client Authority to comply with its Information disclosure obligations. The Solicitor Supplier shall and shall procure that its Sub-Contractors shall: transfer to the Client Authority all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client Authority with a copy of all Information relating Information, relevant to a Request for Information Information, in its possessioncontrol, possession or control power, in the form that the Client requires Authority requests within five (5) Working Days (or such other period as the Client Authority may specify) of the ClientAuthority's request; and provide all necessary assistance as reasonably requested by the Client Authority to enable the Client Authority to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client Authority shall be responsible for determining in its absolute and sole discretion and notwithstanding any other provision in the Contract this Framework Agreement or any other contract agreement whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor Supplier respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientAuthority. The Solicitor Supplier acknowledges that (notwithstanding the provisions of Clause 6.2) the Client Authority may, acting in accordance with the Ministry of Justice CodesCode, be obliged under the FOIA or the Environmental Information Regulations to disclose information concerning the Solicitor Supplier or the Contract Services: in certain circumstances without consulting the SolicitorSupplier; or following consultation with the Solicitor Supplier and having taken the SolicitorSupplier’s views into account, provided always that where Clause 6.4.6 19.5.1 applies the Client Authority shall, in accordance with any recommendations of the Ministry of Justice Code, take reasonable steps, where appropriate, to give the Solicitor Supplier advanced notice, or failing that, to draw the disclosure to the SolicitorSupplier's attention after any such disclosure. The Solicitor Supplier shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract Clause 13 (Records and in any event in accordance with the requirements of Good Industry Practice Audit Access) and shall permit the Client on reasonable notice Authority to inspect such records as requested from time to time. The Solicitor Supplier acknowledges that the description of information as Commercially Sensitive Information in Framework Schedule 12 (Commercially Sensitive Information) is of an indicative nature only and that the Client Authority may be obliged to disclose it in accordance with Clause 6.4.519.5.

Appears in 1 contract

Samples: Framework Terms for Services

Freedom of Information. The Solicitor Supplier acknowledges that the Client Authority is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate co-operate with the Client Authority to enable the Client Authority to comply with its Information disclosure obligations. The Solicitor Supplier shall and shall procure that its Sub-Contractors shall: transfer to the Client Authority all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client Authority with a copy of all Information relating Information, relevant to a Request for Information Information, in its possessioncontrol, possession or control power, in the form that the Client requires Authority requests within five (5) Working Days (or such other period as the Client Authority may specify) of the ClientAuthority's request; and provide all necessary assistance as reasonably requested by the Client Authority to enable the Client Authority to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client Authority shall be responsible for determining in its absolute and sole discretion and notwithstanding any other provision in the Contract this Framework Agreement or any other contract agreement whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor Supplier respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientAuthority. The Solicitor Supplier acknowledges that (notwithstanding the provisions of Clause 6.2) the Client Authority may, acting in accordance with the Ministry of Justice CodesCode, be obliged under the FOIA or the Environmental Information Regulations to disclose information concerning the Solicitor Supplier or the Contract Services: in certain circumstances without consulting the SolicitorSupplier; or following consultation with the Solicitor Supplier and having taken the SolicitorSupplier’s views into account, provided always that where Clause 6.4.6 (a) applies the Client Authority shall, in accordance with any recommendations of the Ministry of Justice Code, take reasonable steps, where appropriate, to give the Solicitor Supplier advanced notice, or failing that, to draw the disclosure to the SolicitorSupplier's attention after any such disclosure. The Solicitor Supplier shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract Clause 14 (Records and in any event in accordance with the requirements of Good Industry Practice Audit Access) and shall permit the Client on reasonable notice Authority to inspect such records as requested from time to time. The Solicitor Supplier acknowledges that the description of information as Commercially Sensitive Information in Framework Schedule 12 (Commercially Sensitive Information) is of an indicative nature only and that the Client Authority may be obliged to disclose it in accordance with Clause 6.4.520.5.

Appears in 1 contract

Samples: Buying Framework Agreement

Freedom of Information. The Solicitor Provider acknowledges that the Client Customer is subject to the requirements of the Code of Practice on Government Information, FOIA and the Environmental Information Regulations and shall assist and cooperate co-operate with the Client Customer to enable the Client Customer to comply with its Information disclosure obligations. The Solicitor Provider shall and shall procure that its Subsub-Contractors shall: contractors shall:- transfer to the Client Customer all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client Customer with a copy of all Information relating to a Request for Information in its possession, or control power in the form that the Client requires Customer requests within five (5) Working Days (or such other period as the Client Customer may specify) of the ClientCustomer's request; and provide all necessary assistance as reasonably requested by the Client Customer to enable the Client Customer to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the this Contract or any other contract agreement whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor Provider respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientCustomer. The Solicitor Provider acknowledges that (notwithstanding the provisions of Clause 6.210) the Client Customer may, acting in accordance with the Ministry of Justice CodesJustice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 (“the Code”), be obliged under the FOIA FOIA, or the Environmental Information Regulations to disclose information concerning the Solicitor Service Provider or the Contract Services: Services:- in certain circumstances without consulting the SolicitorProvider; or following consultation with the Solicitor Provider and having taken the Solicitor’s their views into account, provided always that where Clause 6.4.6 applies 22.5 applies, the Client Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor Provider advanced notice, or failing that, to draw the disclosure to the SolicitorProvider's attention after any such disclosure. The Solicitor Provider shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract and in any event in accordance with the requirements of Good Industry Practice Clause 10.8 and shall permit the Client on reasonable notice Customer to inspect such records as requested from time to time. The Solicitor Provider acknowledges that the Commercially Sensitive Information listed in the Order Form is of an indicative nature value only and that the Client Customer may be obliged to disclose it in accordance with Clause 6.4.510.4.5.

Appears in 1 contract

Samples: Framework Agreement

Freedom of Information. The Solicitor Each Authority acknowledges that all of the Client is Authorities are subject to the requirements provisions of the FOIA Freedom of Information Xxx 0000 (“FOIA”) and the Environmental Information Regulations 2004 (“EIR”) and each Authority shall where reasonable assist and cooperate co-operate with the Client any other Authority (at their own expense) to enable the Client that other Authority to comply with its Information these information disclosure obligations. The Solicitor Where an Authority receives a request for information under either the FOIA or the EIR in relation to information which it is holding on behalf of any of the other Authorities in relation to the Project, it shall (and shall procure that its Subconsultants and/or sub-Contractors contractors shall: ): transfer the request for information to the Client all Requests for Information that it receives other Authority as soon as practicable after receipt and in any event within two (2) Working Business Days of receiving a Request request for Informationinformation; provide the Client other Authority with a copy of all Information relating to a Request for Information information in its possession, possession or control power in the form that the Client Authority requires within five ten (510) Working Business Days (or such other longer period as the Client Authority may specify) of the Client's requestAuthority requesting that information; and provide all necessary assistance as reasonably requested by the Client other Authority to enable the Client Authority to respond to the Request a request for Information information within the time for compliance set out in section 10 of the FOIA or regulation 5 the EIR. Where an Authority receives a request for information under the FOIA or the EIR which relates to this Agreement or the Project, it shall inform the other Authorities of the Environmental Information Regulationsrequest for information as soon as practicable after receipt and in any event at least two (2) Business Days before disclosure and shall use all reasonable endeavours to consult with the other Authorities prior to disclosure and shall consider all representations made by the other Authority in relation to the decision whether or not to disclose the information requested. The Client Authorities shall be responsible for determining in its their absolute discretion and notwithstanding whether any other provision in information requested from them under the Contract FOIA or any other contract whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, EIR: is exempt from disclosure in accordance with the provisions of under the FOIA or the Environmental Information Regulations. In no event shall the Solicitor respond directly EIR; or is to be disclosed in response to a Request request for Information unless authorised in writing to do so by the Clientinformation. The Solicitor Each Authority acknowledges that (notwithstanding the provisions of Clause 6.2) the Client may, acting in accordance with the Ministry of Justice Codes, other Authorities may be obliged under the FOIA or the Environmental Information Regulations EIR to disclose information concerning the Solicitor or the Contract Servicesinformation: in certain circumstances without consulting the Solicitorother Authority where it has not been practicable to achieve such consultation; or following consultation with the Solicitor other Authorities and having taken the Solicitor’s their views into account. NO AGENCY OR PARTNERSHIP22 Save as expressly provided otherwise in this Agreement or where a statutory provision otherwise requires, provided always that where Clause 6.4.6 applies the Client shallAuthorities shall not in any way whatsoever: be, in accordance with any recommendations act or hold themselves out as an agent of the Code, take reasonable steps, where appropriate, other; make any representations or give any warranties to give third parties on behalf or in respect of the Solicitor advanced noticeother; or bind or hold themselves out as having authority or power to bind the other. Nothing in this Agreement shall create, or failing thatbe deemed to create, a partnership between the Authorities. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 199923 Nothing in this Agreement shall confer on any third party any benefit or the right to draw the disclosure to the Solicitor's attention after enforce any such disclosure. The Solicitor shall ensure that all Information is retained for disclosure in accordance with the provisions term of the Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client on reasonable notice to inspect such records as requested from time to time. The Solicitor acknowledges that the Commercially Sensitive Information is of an indicative nature only and that the Client may be obliged to disclose it in accordance with Clause 6.4.5this Agreement.

Appears in 1 contract

Samples: www.egenda.stockton.gov.uk

Freedom of Information. The Solicitor CONTRACTOR acknowledges that the Client AUTHORITY is subject to the requirements of the Code of Practice on Government Information, FOIA and the Environmental Information Regulations and shall assist and cooperate with the Client authority to enable the Client authority to comply with its the Information disclosure obligations. The Solicitor CONTRACTOR shall and shall procure that its Subsub-Contractors contractors shall: transfer to the Client AUTHORITY all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Business Days of after receiving a Request for Information; provide the Client AUTHORITY with a copy of all Information relating to a Request for Information in its possession, possession or control power in the form that the Client AUTHORITY requires within five (5) Working Business Days (or such other period as the Client AUTHORITY may specify) of after the Client's AUTHORITY’S request; : and provide all necessary assistance as reasonably requested by the Client AUTHORITY to enable the Client AUTHORITY to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client AUTHORITY shall be responsible for determining in its absolute discretion and notwithstanding whether any other provision in the Contract or any other contract whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the Code of Practice on Government Information, FOIA or the Environmental Information Regulations. In no event shall the Solicitor CONTRACTOR respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientAUTHORITY. The Solicitor CONTRACTOR acknowledges that (notwithstanding the provisions of Clause 6.2) the Client AUTHORITY may, acting in accordance with the Ministry Department of Justice CodesConstitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000, be obliged under the FOIA or the Environmental Information Regulations to disclose information concerning the Solicitor or the Contract Services: in certain circumstances Information without consulting or obtaining consent from the Solicitor; or following consultation with the Solicitor and CONTRACTOR, or, despite having taken the SolicitorCONTRACTOR’s views into account, provided always that where Clause 6.4.6 applies the Client shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor advanced notice, or failing that, to draw the disclosure to the Solicitor's attention after any such disclosure. The Solicitor CONTRACTOR shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client on reasonable notice AUTHORITY to inspect such records as requested from time to time. The Solicitor acknowledges that the Commercially Sensitive Information is of an indicative nature only and that the Client may be obliged to disclose it in accordance with Clause 6.4.5.Not used Not used Not used

Appears in 1 contract

Samples: News Agreement

Freedom of Information. The Solicitor Supplier acknowledges that the Client is subject to the requirements of the Code of Practice on Government Information, FOIA and the Environmental Information Regulations and shall assist and cooperate with the Client to enable the Client to comply with its Information disclosure obligations. The Solicitor shall Supplier shall, and shall procure that its Sub-Contractors contractors shall: transfer to the Client all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client with a copy of all Information relating to a Request for Information in its possession, or control power in the form that the Client requires within five (5) Working Days (or such other period as the Client may specify) of the Client's request; and provide all necessary assistance as reasonably requested by the Client to enable the Client to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the this Contract or any other contract whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, information is exempt from disclosure in accordance with the provisions of the Code of Practice on Government Information, FOIA or the Environmental Information Regulations. In no event shall the Solicitor Supplier respond directly to a Request for Information unless expressly authorised in writing to do so by the Client. The Solicitor Supplier acknowledges that (notwithstanding the provisions of Clause 6.2) 42 – Transparency, the Client may, acting in accordance with the Ministry of Justice Codes, be obliged under the FOIA FOIA, or the Environmental Information Regulations to disclose information concerning the Solicitor Supplier or the Contract Services: in certain circumstances without consulting the SolicitorSupplier; or following consultation with the Solicitor Supplier and having taken the Solicitor’s their views into account, ; provided always that where Clause 6.4.6 [reference] applies the Client shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor Supplier advanced notice, or failing that, to draw the disclosure to the Solicitor's Supplier’s attention after any such disclosure. The Solicitor Supplier shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client on reasonable notice to inspect such records as requested from time to time. The Solicitor Supplier acknowledges that the Commercially Sensitive Information listed in Schedule 9 (if any) is of an indicative nature value only and that the Client may be obliged to disclose it in accordance with Clause 6.4.5.clause 32. FORCE MAJEURE

Appears in 1 contract

Samples: data.gov.uk

Freedom of Information. The Solicitor Contractor acknowledges that the Client Customer is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate with the Client Customer to enable the Client Customer to comply with its Information information disclosure obligations. The Solicitor shall Contractor shall, and shall procure that its Subany sub-Contractors contractors shall: , (i) transfer to the Client Customer all Requests for Information that it (or any sub-contractors) receives as soon as practicable and in any event within two (2) Working Days of receiving receipt and (ii) provide the Customer with any assistance the Customer may require in relation to a Request for Information; Information received by the Customer, the Contractor or a sub-contractor, and in any case the Contractor shall: provide the Client Customer with a copy of all Information information relating to a the Request for Information in its possession, or control power in the form that the Client Customer requires within five (5) Working Days (or such other period as the Client Customer may specify) of the Client's Customer’s request; and provide all necessary assistance as reasonably requested by the Client Customer to enable the Client Customer to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation Regulation 5 of the Environmental Information Regulations. The Client Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract this Agreement or any other contract agreement whether any information relating to the Commercially Sensitive Request for Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor Contractor respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientCustomer. The Solicitor Contractor acknowledges that (notwithstanding the provisions of Clause 6.2clause 13) the Client Customer may, acting in accordance with the Ministry Secretary of Justice CodesState for Constitutional Affairs Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”), be obliged under the FOIA FOIA, or the Environmental Information Regulations to disclose information concerning the Solicitor Contractor or the Contract Services: Services in certain circumstances circumstances: without consulting the SolicitorContractor; or following consultation with the Solicitor Contractor and having taken the Solicitor’s its views into account, ; provided always that where Clause 6.4.6 clause 16.5.1 applies the Client Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor Contractor advanced notice, or failing that, to draw the disclosure to the Solicitor's Contractor’s attention after any such disclosure. The Solicitor Contractor shall ensure that all Information information obtained by it pursuant to this Agreement and Work Order is retained for disclosure in accordance with the provisions of the Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client on reasonable notice Customer to inspect such records as requested from time to time. The Solicitor acknowledges that the Commercially Sensitive Information is of an indicative nature only and that the Client may be obliged to disclose it in accordance with Clause 6.4.5.

Appears in 1 contract

Samples: Framework Agreement

Freedom of Information. The Solicitor Supplier acknowledges that the Client Council is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate co- operate with the Client Council (at the Supplier's expense) to enable the Client Council to comply with its Information these information disclosure obligationsrequirements. The Solicitor Supplier shall and shall procure that its Sub-Contractors shall: transfer Transfer the Request for Information to the Client all Requests for Information that it receives Council as soon as practicable after receipt and in any event within two (2) [two] Working Days of receiving a Request for Information; provide the Client Council with a copy of all Information relating to a Request for Information in its possession, possession or control power in the form that the Client Council requires within five (5) [five] Working Days (or such other period as the Client Council may specify) of the Client's requestCouncil requesting that Information; and provide all necessary assistance as reasonably requested by the Client Council to enable the Client Council to respond to the a Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client Council shall be responsible for determining in at its absolute discretion and notwithstanding any other provision in the Contract or any other contract whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, : is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations; and/or is to be disclosed in response to a Request for Information. In no event shall the Solicitor Supplier respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientCouncil. The Solicitor Supplier acknowledges that (notwithstanding the provisions of Clause 6.2) the Client Council may, acting in accordance with the Ministry Secretary of Justice CodesState for Constitutional Affairs' Code of Practice on the discharge of public authorities' functions under Part 1 of FOIA (issued under section 45 of the FOIA, November 2004), be obliged under the FOIA or the Environmental Information Regulations to disclose information concerning the Solicitor or the Contract ServicesInformation: in certain circumstances without consulting with the SolicitorSupplier; or following consultation with the Solicitor Supplier and having taken the Solicitor’s its views into account, provided always that where Clause 6.4.6 clause 25.5.2 applies the Client Council shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor Supplier advanced notice, or failing that, to draw the disclosure to the SolicitorSupplier's attention after any such disclosure. The Solicitor Supplier shall ensure that all Information produced in the course of the agreement or relating to the agreement is retained for disclosure in accordance with the provisions of the Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client on reasonable notice Council to inspect such records as requested from time to time. The Solicitor Supplier acknowledges that the Commercially Sensitive any lists or Schedules provided by it outlining Confidential Information is are of an indicative nature value only and that the Client Council may nevertheless be obliged to disclose it Confidential Information in accordance with Clause 6.4.5clause 25.5.

Appears in 1 contract

Samples: Entire Agreement

Freedom of Information. The Solicitor Supplier acknowledges that the Client Authority is subject to the requirements of the FOIA Freedom of Information Xxx 0000 (FOIA) and the Environmental Information Regulations 2004 and shall assist and cooperate co-operate with the Client Authority (at the Supplier's expense) to enable the Client Authority to comply with these information disclosure requirements. Where the Authority receives a request for information under the Freedom of Information Xxx 0000 or the Environmental Information Regulations 2004 in relation to information that the Supplier is holding on its Information disclosure obligations. The Solicitor behalf, the Authority shall and shall procure that its Sub-Contractors shall: transfer to the Client all Requests Supplier such request for Information information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Informationat no cost to the Authority. The Supplier shall; provide the Client Authority with confirmation as to whether it holds the information subject to the request within 2 (two) Business Days of the request and if then requested by the Authority provide a copy of all Information relating to a Request for Information in its possession, or control such information in the form that the Client Authority requires within five 5 (5five) Working Business Days of the request (or such other period as the Client Authority may specify) of the Client's Authority request; and provide all necessary assistance as reasonably requested by the Client Authority in connection with any such information to enable the Client Authority to respond to the Request request for Information information within the time for compliance set out in section 10 the Freedom of the FOIA or regulation 5 of Information Xxx 0000 and the Environmental Information RegulationsRegulations 2004. The Client Authority shall be responsible for determining in at its absolute discretion and notwithstanding any other provision in the Contract or any other contract discretion: whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, information is exempt from disclosure in accordance with under the provisions Freedom of the FOIA or Information Xxx 0000 and the Environmental Information Regulations. In Regulations 2004; and whether the existence of information is to be confirmed or denied, and whether information is to be disclosed in response to a request for information, and in no event shall the Solicitor Supplier respond directly to a Request request for Information information unless expressly authorised in writing to do so by the ClientAuthority. Without prejudice to the rest of this clause 41.2, the Authority will consult with the Supplier to ascertain whether the Supplier believes that information provided by or relating to the Supplier is exempt from disclosure under the Freedom of Information Xxx 0000 and/or the Environmental Information Regulations 2004. The Solicitor decision of the Authority as to whether or not an exemption does, in fact, apply, is deemed to be final. The Supplier shall ensure that all information produced in the course of or relating to this Agreement is retained for disclosure and shall permit the Authority to inspect such records as requested from time to time. The Supplier acknowledges that (notwithstanding the provisions of Clause 6.2) the Client Authority may, acting in accordance with the Ministry Secretary of Justice CodesState for Constitutional Affairs’ Code of Practice on the discharge of public authorities’ functions under Part 1 of the Freedom of Information Xxx 0000 (issued under section 45 of the Freedom of Information Xxx 0000, November 2004), be obliged under the FOIA Freedom of Information Xxx 0000 or the Environmental Information Regulations 2004 to disclose information concerning the Solicitor or the Contract Servicesinformation: in certain circumstances without consulting with the SolicitorSupplier; or following consultation with the Solicitor Supplier and having taken the Solicitor’s its views into account, account provided always that where Clause 6.4.6 clause 41(b) applies the Client Authority shall, in accordance with any recommendations of the Secretary of State for Constitutional Affairs’ Code, take reasonable steps, where appropriate, to give the Solicitor Supplier advanced notice, or failing that, to draw the disclosure to the Solicitor's Supplier’s attention as soon as possible after any such disclosure. The Solicitor shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client on reasonable notice to inspect such records as requested from time to time. The Solicitor acknowledges that the Commercially Sensitive Information is of an indicative nature only and that the Client may be obliged to disclose it in accordance with Clause 6.4.5.

Appears in 1 contract

Samples: www.bcgrowthhub.com

Freedom of Information. The Solicitor acknowledges Generator and the Licensed Supplier each acknowledge that the Client Authority is subject to the requirements of the FOIA and the Environmental Information Regulations EIR and shall assist and cooperate co-operate with the Client Authority to enable the Client Authority to comply with its Information disclosure obligations. The Solicitor shall Generator and shall procure that its Sub-Contractors the Licensed Supplier shall: transfer to the Client Authority all Requests for Information that it receives as soon as practicable and in any event within two (2) Working 2 Business Days of receiving a Request for Information; provide the Client Authority, in the form that the Authority requests, with a copy of all Information relating relevant to a Request for Information that is in its possessioncontrol, possession or control in the form that the Client requires power within five (5) Working 5 Business Days (or such other period as the Client Authority may specify) of the ClientAuthority's request; and provide all necessary assistance as reasonably requested by the Client Authority to enable the Client Authority to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information RegulationsEIR. The Client Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract or this Agreement whether any other contract whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information RegulationsEIR. In no event shall either the Solicitor Generator or the Licensed Supplier respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientAuthority. The Solicitor acknowledges Generator and the Licensed Supplier acknowledge that (notwithstanding the provisions of Clause 6.2) the Client Authority may, acting in accordance with the Ministry of Justice CodesCode, be obliged under the FOIA or the Environmental Information Regulations EIR to disclose information Information concerning the Solicitor Generator and/or the Licensed Supplier or the Contract Servicesthis Agreement: in certain circumstances without consulting the SolicitorGenerator and/or the Licensed Supplier; or following consultation with the Solicitor Generator and the Licensed Supplier and having taken the SolicitorGenerator’s and the Licensed Supplier’s views into account, provided always that where Clause 6.4.6 9.5(a) applies the Client Authority shall, in accordance with any recommendations of the Ministry of Justice Code, take reasonable steps, where appropriate, to give the Solicitor advanced Generator advance notice, or failing that, to draw the disclosure to the SolicitorGenerator's attention after any such disclosure. The Solicitor Generator shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract and in any event in accordance with the requirements of Good Industry Practice Clause 16 and shall permit the Client on reasonable notice Authority to inspect such records as requested from time to time. The Solicitor acknowledges that the Commercially Sensitive Information is of an indicative nature only and that the Client may be obliged to disclose it in accordance with Clause 6.4.5.

Appears in 1 contract

Samples: Framework Agreement

Freedom of Information. The Solicitor CONTRACTOR acknowledges that the Client CUSTOMER is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate with the Client CUSTOMER to enable the Client CUSTOMER to comply with its Information disclosure obligations. The Solicitor CONTRACTOR shall and shall procure that its Sub-Contractors shall: transfer to the Client CUSTOMER all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Client CUSTOMER with a copy of all Information relating to a Request for Information in its possession, possession or control power in the form that the Client CUSTOMER requires within five (5) Working Days (or such other period as the Client CUSTOMER may specify) of the Client's CUSTOMER’s request; and provide all necessary assistance as reasonably requested by the Client CUSTOMER to enable the Client CUSTOMER to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Client CUSTOMER shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the this Contract or any other contract agreement whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Solicitor CONTRACTOR respond directly to a Request for Information unless expressly authorised in writing to do so by the ClientCUSTOMER. The Solicitor CONTRACTOR acknowledges that (notwithstanding the provisions of this Clause 6.23.70.3) the Client CUSTOMER may, acting in accordance with the Ministry Department of Justice CodesConstitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”), be obliged under the FOIA or the Environmental Information Regulations to disclose information concerning the Solicitor CONTRACTOR or the Contract ServicesOrdered IT Products: in certain circumstances without consulting the SolicitorCONTRACTOR; or following consultation with the Solicitor CONTRACTOR and having taken the Solicitor’s their views into account, provided always that where Clause 6.4.6 3.75.1 applies the Client CUSTOMER shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Solicitor CONTRACTOR advanced notice, or failing that, to draw the disclosure to the Solicitor's CONTRACTOR’s attention after any such disclosure. The Solicitor CONTRACTOR shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client on reasonable notice CUSTOMER to inspect such records as requested from time to time. The Solicitor CONTRACTOR acknowledges that the Commercially Sensitive Information listed in Schedule 2-10 is of an indicative nature value only and that the Client CUSTOMER may be obliged to disclose it in accordance with Clause 6.4.53.75.

Appears in 1 contract

Samples: Commoditised It Hardware and Software Framework Agreement

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