Common use of Information Management Clause in Contracts

Information Management. 6.1 The Recipient must: (a) provide EECA with the Project Reports by the relevant Milestone ‘Completion date’ specified in item 5 of Schedule 1; (b) keep and maintain full, true and up-to-date Records of the performance of its obligations under this Agreement during the term of this Agreement and for a minimum of three years following termination or expiry of the Agreement; (c) allow EECA or its nominee on request and subject to reasonable notice to audit the Records, or audit the performance of the Recipient under this Agreement (including reviewing the Records) from time-to-time, as reasonably required by EECA; (d) co-operate with EECA and provide all information and assistance reasonably requested by EECA to allow EECA to promote, if successful, the Project through the publication of case studies, guides, workshops and seminars (including the participation of the Recipient at one or more workshops and seminars arranged by ▇▇▇▇); (e) provide to EECA any information reasonably requested by EECA relating to the performance of the Recipient’s obligations pursuant to this Agreement. All information provided by the Recipient must be in a format that is usable by EECA, and delivered within a reasonable time of the request; (f) co-operate with EECA to provide any of the information requested under clause 6.1(e) as soon as reasonably practicable if the information is required by EECA to comply with an enquiry or its statutory, parliamentary, or other reporting obligations; and (g) make sure that any Records provided to EECA or created for EECA, are securely managed and securely destroyed on their disposal. 6.2 The parties shall otherwise co-operate promptly and share information with each other as necessary to meet the operational objectives of EECA and enable the parties to perform their respective obligations under this Agreement.

Information Management. 6.1 The Recipient must: (a) provide EECA with the Project Reports by the relevant Milestone ‘Completion date’ specified in item 5 of Schedule 1; (b) keep and maintain full, true and up-to-date Records of the performance of its obligations under this Agreement during the term of this Agreement and for a minimum of three years following termination or expiry of the Agreement; (c) allow EECA or its nominee on request and subject to reasonable notice to audit the Records, or audit the performance of the Recipient under this Agreement (including reviewing the Records) from time-to-time, as reasonably required by EECA; (d) co-operate with EECA and provide all information and assistance reasonably requested by EECA to allow EECA to promote, if successful, the Project through the publication of case studies, guides, workshops and seminars (including the participation of the Recipient at one or more workshops and seminars arranged by ▇▇▇▇EECA); (e) provide to EECA any information reasonably requested by EECA relating to the performance of the Recipient’s obligations pursuant to this Agreement. All information provided by the Recipient must be in a format that is usable by EECA, and delivered within a reasonable time of the request; (f) co-operate with EECA to provide any of the information requested under clause 6.1(e) as soon as reasonably practicable if the information is required by EECA to comply with an enquiry or its statutory, parliamentary, or other reporting obligations; and (g) make sure that any Records provided to EECA or created for EECA, are securely managed and securely destroyed on their disposal. 6.2 The parties shall otherwise co-operate promptly and share information with each other as necessary to meet the operational objectives of EECA and enable the parties to perform their respective obligations under this Agreement.

Information Management. 6.1 The Recipient must: (a) provide EECA HCC with the Project Reports by the relevant Milestone ‘Completion date’ specified described in item 5 6 of the Schedule 1;at the specified intervals; and (b) keep and maintain full, true and up-to-date Records of the performance of its obligations under this Agreement during the term of this Agreement and for a minimum of three years following termination or expiry of the Agreement; (c) allow EECA HCC or its nominee on request and subject to reasonable notice to audit the Records, or audit the performance of the Recipient under this Agreement (including reviewing the Records) from time-to-time, time as reasonably required by EECAHCC; (d) co-operate with EECA HCC and provide all information and assistance reasonably requested by EECA HCC to allow EECA HCC to promote, if successful, the Project through the publication of case studies, guides, workshops and seminars (including the participation of the Recipient at one or more workshops and seminars arranged by ▇▇▇▇)seminars; (e) provide give information to EECA any information reasonably requested by EECA HCC relating to the performance of the Recipient’s obligations pursuant to this AgreementAgreement which HCC reasonably requests. All information provided by the Recipient must be in a format that is usable by EECAHCC, and delivered within a reasonable time of the request; (f) co-operate with EECA HCC to provide any of the information requested under clause 6.1(e) as soon as reasonably practicable immediately if the information is required by EECA HCC to comply with an enquiry or its statutory, parliamentary, or other reporting obligations; and (g) make sure that any Records provided to EECA HCC or created for EECAHCC, are securely managed and securely destroyed on their disposal. 6.2 The parties shall otherwise co-operate promptly and share information with each other as necessary to meet the operational objectives of EECA HCC and enable the parties Recipient to perform their respective its obligations under this Agreement.

Information Management. 6.1 The Recipient must: (a) : provide EECA with the Project Reports by the relevant Milestone ‘Completion date’ specified in item 5 of Schedule 1; (b) ; keep and maintain full, true and up-to-date Records of the performance of its obligations under this Agreement during the term of this Agreement and for a minimum of three years following termination or expiry of the Agreement; (c) ; allow EECA or its nominee on request and subject to reasonable notice to audit the Records, or audit the performance of the Recipient under this Agreement (including reviewing the Records) from time-to-time, as reasonably required by EECA; (d) ; co-operate with EECA and provide all information and assistance reasonably requested by EECA to allow EECA to promote, if successful, the Project through the publication of case studies, guides, workshops and seminars (including the participation of the Recipient at one or more workshops and seminars arranged by ▇▇▇▇); (e) ; provide to EECA any information reasonably requested by EECA relating to the performance of the Recipient’s obligations pursuant to this Agreement. All information provided by the Recipient must be in a format that is usable by EECA, and delivered within a reasonable time of the request; (f) ; co-operate with EECA to provide any of the information requested under clause 6.1(e) as soon as reasonably practicable if the information is required by EECA to comply with an enquiry or its statutory, parliamentary, or other reporting obligations; and (g) and make sure that any Records provided to EECA or created for EECA, are securely managed and securely destroyed on their disposal. 6.2 . The parties shall otherwise co-operate promptly and share information with each other as necessary to meet the operational objectives of EECA and enable the parties to perform their respective obligations under this Agreement. Intellectual Property Any intellectual property already in existence at the commencement of this Agreement shall remain the property of that party. All intellectual property created, or developed, by, or for, the Recipient in performing this Agreement, including all intellectual property rights in the Project will be owned by the Recipient. The Recipient grants to EECA a perpetual, irrevocable, royalty-free and non-exclusive licence to use the Recipient’s existing and new intellectual property in relation to the Project solely and to the extent strictly necessary for EECA to carry out EECA’s obligations provided in this Agreement and for no other purpose whatsoever. Without limiting the foregoing, EECA acknowledges EECA is not granted any rights whatsoever to use or exploit commercially or otherwise the Recipient's existing or new intellectual property, or to share such intellectual property with any third parties other than as necessary to fulfil its reporting obligations. Health And Safety If there is an inconsistency or ambiguity between this clause and the WHS Laws, the WHS Laws will prevail. The Recipient must at all times when undertaking the Project in accordance with this Agreement comply with all applicable WHS Laws. The Recipient must (and must ensure that its Workers): at all times identify and exercise all necessary precautions for the protection of the health and safety of all persons including Workers, EECA, and members of the public who may be affected by the Project or by the performance or purported performance of the Project; undertake the Project in a safe manner; and in performing its obligations under this Agreement, including undertaking the Project, do all things reasonably requested by EECA or any of its personnel to allow EECA to discharge and comply with EECA’s obligations under the WHS Laws in relation to the project. The Recipient will: comply with any directions on safety issued by any relevant authority; notify EECA and the relevant authorities promptly after any Serious Incident regarding the Project; promptly after that event occurs, conduct an investigation into the circumstances of such a near miss or an incident (including a Serious Incident) affecting or potentially affecting the health and safety of any person and promptly notify EECA of the outcome of any such investigation in relation to the Project; and if requested by EECA, promptly provide to EECA any documents relating to or created in respect of any investigation (by the Recipient or any regulator) into a near miss or incident (including a Serious Incident) in relation to the Project. EECA and the Recipient may schedule a meeting prior to commencement of the Project at which health, and where applicable safety systems, and performance, will be reviewed. Topics for discussion will include but are not limited to: the Recipient’s health and safety system which includes hazard identification, risk assessment, training, supervision and monitoring. If required, the Recipient will work with EECA to complete a hazard and risk identification and management process for the Project to identify potential hazards/risks and develop a system to control those hazards/risks prior to commencing work, where relevant; supervision and training of Workers performing work for or participating in the Project if applicable; the provision of protective safety equipment to Workers participating in the Project if applicable; the provision of first aid equipment for Workers participating in the Project if applicable. The Recipient must ensure and provide (on request) evidence to the reasonable satisfaction of EECA, that any subcontractor it engages in accordance with this Agreement has the necessary safety systems and expertise to carry out the work to be subcontracted. The parties will consult, co-operate, and co-ordinate activities with each other in order to ensure that each of the parties (including, in the case of the Recipient, any subcontractors) meet their obligations under this Agreement and the WHS Laws. Termination Either party may terminate this Agreement if the other party commits a material or persistent breach of this Agreement and, if such breach is capable of remedy, fails to remedy that breach within 20 Business Days after receipt of a notice from the other party requiring the breach to be remedied. EECA may terminate this Agreement on notice with immediate effect if: EECA’s source of funding for this Agreement is withdrawn; EECA considers in its sole discretion the Recipient has not materially fulfilled its obligations under clause 3.1; or the Recipient becomes insolvent; or the Recipient is the subject of enforcement action pursuant to the WHS Laws in relation to the Project. Upon termination of the Agreement under clause 9.2, EECA will not be obliged to pay the EECA Funding remaining under the contract and any EECA Funding paid to the Recipient will be repayable on demand by EECA. The termination of this Agreement shall be without prejudice to either party's rights and remedies in respect of any breach by the other party to this Agreement. Confidentiality and Publicity Except as permitted by clause 10.2, each party shall keep the other party’s Confidential Information confidential and will not disclose any Confidential Information to any person or use the Confidential Information for any purpose other than to perform this Agreement. Notwithstanding clause 10.1, a recipient of Confidential Information may disclose any Confidential Information if, and to the extent that, disclosure is required by law (including under the Official Information Act 1982 and the Health and Safety at Work Act 2015) or any governmental authority, regulator, or parliamentary convention, provided that the disclosing party gives the other party notice of the requirement as soon as practicable before such disclosure is made, and gives the other party copies of any such information to be disclosed. Each party will ensure that its personnel: are aware of the confidentiality obligations in this Agreement; and do not use or disclose any of the other party’s Confidential Information except as allowed by this Agreement. Nothing in this agreement restricts EECA's ability to: discuss with, and provide to any Minister of the Crown, any other government agency, including the Ministry of Business, Innovation and Employment, or any of their respective advisors, any information concerning this Agreement (including the Project Reports), the Recipient or the Project or the EECA Funding; meet its obligations under any constitutional or parliamentary convention (or other obligation at law) of or in relation to the New Zealand Parliament, the New Zealand House of Representatives or any of its committees, any Minister of the Crown, or the New Zealand Auditor-General, including any obligations under the "no surprises" policy advised by Ministers of the Crown; and publicise and report on the awarding of the EECA Funding, including the name of the Recipient, the amount and duration of the EECA Funding, and the details of the Project. Except as required by law, the Recipient shall not make an announcement or disclosure relating to the contents of this Agreement or the Project except as agreed by EECA in advance (such approval not to be unreasonably withheld or delayed). Subject to clause 10.8, EECA may publish the results and findings arising from the Project in such manner and media as it thinks fit. The Recipient acknowledges that EECA is subject to the Official Information Act 1982 (OIA) and may be required to disclose information pursuant to that Act. In particular, the Recipient acknowledges that: the contents of this Agreement; and information provided to EECA, may be official information in terms of the OIA and, in line with the purpose and principles of the OIA, this Agreement and such information may be released to the public unless there is good reason, in terms of the OIA, to withhold it. EECA will, where appropriate and reasonable, provide the Recipient the opportunity to review any public release of any information that relates to the Recipient (whether it be advertising, appointments, official releases, OIA releases, information sharing gateways etc.) and shall ensure that the Recipient has an opportunity to respond prior to the public release. The Recipient will notify EECA of any actual or anticipated issues, including but not limited to health and safety events or investigations by a regulator that could impact on the Project agreed under this Agreement.

Information Management. 6.1 The Recipient must: (a) provide EECA with the Project Reports by the bythe relevant Milestone ‘Completion date’ specified in item 5 of Schedule 1; (b) keep and maintain full, true and up-to-date Records of the performance of its obligations under this Agreement during the term of this Agreement and for a minimum of three years following termination or expiry of the Agreement; (c) allow EECA or its nominee on request and subject to reasonable notice to audit the Records, or audit the performance of the Recipient under this Agreement (including reviewing the Records) from time-to-time, as reasonably required by EECA; (d) co-operate with EECA and provide all information and assistance reasonably requested by EECA to allow EECA to promote, if successful, the Project through the publication of case studies, guides, workshops and seminars (including the participation of the Recipient at one or more workshops and seminars arranged by ▇▇▇▇); (e) provide to EECA any information reasonably requested by EECA relating to the performance of the Recipient’s obligations pursuant to this Agreement. All information provided by the Recipient must be in a format that is usable by EECA, and delivered within a reasonable time of the request; (f) co-operate with EECA to provide any of the information requested under clause 6.1(e) as soon as reasonably practicable if the information is required by EECA to comply with an enquiry or its statutory, parliamentary, or other reporting obligations; and (g) make sure that any Records provided to EECA or created for EECA, are securely managed and securely destroyed on their disposal. 6.2 The parties shall otherwise co-operate promptly and share information with each other as necessary to meet the operational objectives of EECA and enable the parties to perform their respective obligations under this Agreement.

Information Management. 6.1 The Recipient must: (a) provide EECA with the Project Reports by the relevant Milestone ‘Completion date’ specified described in item 5 6 of the Schedule 1;at the specified intervals; and (b) keep and maintain full, true and up-to-date Records of the performance of its obligations under this Agreement during the term of this Agreement and for a minimum of three years following termination or expiry of the Agreement; (c) allow EECA or its nominee on request and subject to reasonable notice to audit the Records, or audit the performance of the Recipient under this Agreement (including reviewing the Records) from time-to-time, time as reasonably required by EECA; (d) co-operate with EECA and provide all information and assistance reasonably requested by EECA to allow EECA to promote, if successful, the Project through the publication of case studies, guides, workshops and seminars (including the participation of the Recipient at one or more workshops and seminars arranged by ▇▇▇▇); (e) provide give information to EECA any information reasonably requested by EECA relating to the performance of the Recipient’s obligations pursuant to this AgreementAgreement which EECA reasonably requests. All information provided by the Recipient must be in a format that is usable by EECA, and delivered within a reasonable time of the request; (f) co-operate with EECA to provide any of the information requested under clause 6.1(e) as soon as reasonably practicable immediately if the information is required by EECA to comply with an enquiry or its statutory, parliamentary, or other reporting obligations; and (g) make sure that any Records provided to EECA or created for EECA, are securely managed and securely destroyed on their disposal. 6.2 The parties shall otherwise co-operate promptly and share information with each other as necessary to meet the operational objectives of EECA and enable the parties Recipient to perform their respective its obligations under this Agreement.

Information Management. 6.1 7.1 The Recipient must: (a) provide EECA with the Project Reports by the relevant Milestone ‘Completion date’ specified in item 5 8 of Schedule 1; (b) keep and maintain full, true and up-to-date Records of the performance of its obligations under this Agreement during the term of all matters pertaining to this Agreement and the receipt and handling of the EECA Funding and retain them for a minimum of three seven years following termination or expiry of the Agreement; (c) allow EECA or its nominee on request and subject to reasonable notice to audit the Records, or audit the performance of the Recipient under this Agreement (including reviewing the Records) from time-to-time, as reasonably required by EECA; (d) co-operate with EECA and provide all information and assistance reasonably requested by EECA to allow EECA to promote, if successful, the Project through the publication of case studies, guides, workshops and seminars (including the participation of the Recipient at one or more workshops and seminars arranged by ▇▇▇▇)seminars; (ed) provide to EECA any information reasonably requested by EECA relating to the performance of the Recipient’s obligations pursuant to this Agreement. All information provided by the Recipient must be in a format that is usable by EECA, and delivered within a reasonable time of the request; (fe) co-operate with EECA to provide any of the information requested under clause 6.1(e7.1(d) as soon as reasonably practicable if the information is required by EECA to comply with an enquiry or its statutory, parliamentary, or other reporting obligations; and (gf) make sure that any Records provided to EECA or created for EECA, are securely managed and securely destroyed on their disposal. 6.2 7.2 The parties shall otherwise co-operate promptly and share information with each other as necessary to meet the operational objectives of EECA and enable the parties to perform their respective obligations under this Agreement. 7.3 The Recipient acknowledges and agrees that: (a) EECA may provide the Project Reports and any other information provided to EECA in connection with this Agreement to an independent third party (Independent Verifier); and (b) on EECA’s instructions, the Independent Verifier may (at EECA’s cost) review and verify all such information referenced in clause 7.3(a) above and may provide EECA with a report on such review and verification.