CONFIDENTIALITY AND FREEDOM OF INFORMATION. 20.1 Each party undertakes in respect of Confidential Information for which it is the recipient:-
20.1.1 to treat such information as confidential
20.1.2 Not without the disclosing parties proper written consent to communicate or disclose any part of such information to any person except only to those employees, agents sub-contractors and other suppliers on a need to know basis, who are directly involved in Care Services.
20.2 The Provider acknowledges the commitment of the Purchaser to open government and public access to information. Accordingly, the parties agree that:
20.2.1 the provisions of this condition 20.2 are subject to the respective obligations and commitments of the Purchaser under the Freedom of Information Xxx 0000 (the FOIA) (as amended from time to time).
20.2.2 the decision on whether any exemption applies to a request for disclosure of recorded information is a decision solely for the Purchaser;
20.2.3 where the Purchaser is managing a request then it will consult with the Provider in relation to any request for disclosure of recorded information to which this condition applies and in accordance with the guidance referred to in the Code of Practice on the Discharge of Public Authorities Obligations issued under section 45 of the FOIA. The Provider shall co-operate with the Purchaser in making the request and respond within 5 working days to any request for assistance in determining how to respond to the request for disclosure; and
20.3 The Provider will indemnify the Purchaser from and against all claims, losses, expenses, damages and costs arising from the breach of this condition by the Provider, its servants, agents and sub-contractors.
20.4 The obligations in this condition will not apply to Confidential Information:-
20.4.1 in the recipient’s possession (with full right to disclose) before receiving it or;
20.4.2 which is or becomes public knowledge other than by breach of this condition; or
20.4.3 independently developed by the recipient without access to or use of the Confidential Information; or
20.4.4 lawfully received from a third party (with full right to disclosure)
20.5 Where disclosure is permitted, the disclosing party shall ensure that the recipient of the information shall be subject to the same obligation of confidentiality as the contained in this Contract.
20.6 The parties acknowledge that the National Audit Office has the right to publish details of this Contract in its reports.
CONFIDENTIALITY AND FREEDOM OF INFORMATION. In this Agreement, Confidential Information means all information of a confidential nature relating to one party which is supplied by or on behalf of that party (whether before or after the date of this Agreement), either in writing, orally or in any other form, directly or indirectly from or pursuant to discussions with that party (the Disclosing Party) or which is obtained through observations made by the receiving party (a Receiving Party). Confidential Information also includes all analyses, compilations, studies and other documents whether prepared by or on behalf of a party which contain or otherwise reflect or are derived from such information. Nothing in this Agreement shall restrict the disclosure of information held by any party which is a Public Authority (as defined in the FOIA) beyond the restrictions permitted by the FOIA. Each Receiving Party shall hold in confidence any Confidential Information, PROVIDED THAT the provisions of this clause shall not restrict a Receiving Party from passing such information to its professional advisers and insurers, to the extent necessary, to enable it to perform (or to cause to be performed) or to enforce its rights or obligations under this Agreement, and provided further that the LEP may, subject to obtaining appropriate confidentiality restrictions: pass to the Funders and their professional advisors or any prospective funders and their professional advisors or investors and their professional advisors such documents and other information as are reasonably required by the Funders in connection with the raising of finance for the SPA Operations or which the LEP is obliged to supply by the terms of the Funding Agreements; and pass to Service Providers documents and other information which are necessary for the LEP's performance of this Agreement. The obligation to maintain the confidentiality of the Confidential Information does not apply to Confidential Information: which the Disclosing Party confirms in writing is not required to be treated as Confidential Information; which is or comes into the public domain otherwise than through any disclosure prohibited by this Agreement; to the extent required to be disclosed pursuant to clause 9.12 (Records), clause 9.15 (Auditor), or required to be disclosed to the Audit Commission, District Auditor or required to be disclosed for the proper performance of the Services; or which is disclosed to enable a determination to be made under clause 16 (Dispute Resolution);...
CONFIDENTIALITY AND FREEDOM OF INFORMATION. 13.1. A party (receiving party) shall keep in strict confidence all technical and commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the receiving party by the other party (disclosing party), its employees, agents or subcontractors, and any other confidential information concerning the disclosing party's business, its products and services which the receiving party may obtain. The receiving party shall only disclose such confidential information to those of its employees, agents and subcontractors who need to know it for the purpose of discharging the receiving party's obligations under this agreement, and shall ensure that such employees, agents and subcontractors comply with the obligations set out in this clause as though they were a party to this agreement. The receiving party may also disclose such of the disclosing party's confidential information as is required to be disclosed by law, any governmental or regulatory authority or by a court of competent jurisdiction. This clause 9 shall survive termination of this agreement.
13.2. The BID Company acknowledges that the Council is subject to the requirements of the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (EIR) and the BID Company shall assist and co-operate with the Council (at the Council’s expense) to enable the Council to comply with these information disclosure requirements. The BID Company agrees that it shall not charge costs incurred by the BID Company where any resource utilised or action taken does not result in costs, or results in only a minor cost, to the BID Company.
13.3. The BID Company shall and shall procure that its staff including its subcontractors ,shall:
(i) transfer any Request For Information to the Council as soon as practicable after receipt and in any event within two (2) working days of receiving a Request For Information;
(ii) provide the Council with a copy of all information in the BID Company’s possession or power as reasonably requested by the Council in the form that the Council requires within five (5) working days (or such other period as the Council may specify) of the Council requesting that information; and
(iii) provide all necessary assistance as reasonably requested by the Council to enable the Council 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 E...
CONFIDENTIALITY AND FREEDOM OF INFORMATION. 9.1 Except where clause 9.2 below applies, the Subscriber will treat the Information disclosed and will require all employees, agents or sub-contractors to also treat it as confidential and not disclose the Information to any third party or use it in any way other than in connection with this Agreement. You agree to use all reasonable efforts to preserve the secrecy and confidentiality of the Information. For the avoidance of doubt “reasonable efforts” shall mean efforts which are equivalent to these which you use to protect your own data of a similar nature, but not less than reasonable care.
9.2 Thrive acknowledges that the Subscriber is subject to the requirements of the Freedom of Information Xxx 0000 (FOIA) and shall assist and co-operate with the Subscriber (at the Subscribers expense) to enable the Subscriber to comply with its requirements under the FOIA.
9.3 Where Thrive holds Information on behalf of the Subscriber which is the subject of a request under FOIA, Thrive shall be permitted to discuss and agree with the Subscriber the application of appropriate exemptions under FOIA. In the event that Thrive is required to assist the Subscriber to comply with a request, Thrive shall have 5 working days to comply and shall be permitted to levy a reasonable charge.
CONFIDENTIALITY AND FREEDOM OF INFORMATION. 16.1. Each party undertakes that it shall not at any time during the term, and for a period of five years thereafter, disclose to any person any confidential information of any other party concerning the terms or operation of this Agreement.
16.2. Each party may disclose such confidential information of another party:
16.2.1. to its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with this Agreement; and
16.2.2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
16.3. No party shall use any other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this Agreement.
16.4. Each party acknowledges that the other parties are subject to the requirements of FOIA and the Environmental Information Regulations and shall assist and co-operate with the other parties to enable the other parties to comply with those requirements.
CONFIDENTIALITY AND FREEDOM OF INFORMATION. The parties are to comply with the provisions of Schedule 20 in relation to Confidentiality and Freedom of Information.
CONFIDENTIALITY AND FREEDOM OF INFORMATION. 3.1. Subject to Clause 3.4, each Party undertakes that it shall not at any time during this Agreement disclose to any person any confidential information concerning the activities, business, affairs or suppliers of the other Party, except as permitted by this Clause 3.
3.2. Each Party may disclose the other Party’s confidential information:
0.0.0. xx its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the Party's rights or carrying out its obligations under or in connection with this Agreement and under the Railways Acts provided that it ensures that the employees, officers, representatives or advisers to whom it discloses the other Party's confidential information comply with this Clause 3;
0.0.0. xx may be required by law, a court of competent jurisdiction or any governmental or regulatory authority; or
3.2.3. where at the time of its disclosure, the confidential information is already in the public domain other than by a breach of this Agreement.
3.3. No Party shall use any other Party's confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this Agreement.
3.4. Nothing in this Agreement shall prevent the Secretary of State or the Welsh Ministers from disclosing and/or publishing under the provisions of the Freedom of Information Xxx 0000 and/or the Environmental Information Regulations 2004 any term or condition or information contained in or relating to this Agreement.
3.5. Each Party shall co-operate with the other Party and supply all necessary information and documentation required in connection with any request received under the Freedom of Information Xxx 0000 and/or the Environmental Information Regulations 2004 and/or the Secretary of State’s publication scheme requirements under the Freedom of Information Xxx 0000.
CONFIDENTIALITY AND FREEDOM OF INFORMATION. 7.1 Information (which shall include any draft documents, budgets, reports and any other documentation produced by or on behalf of the LLCA) communicated between the Parties is communicated on a confidential basis unless:
(a) the Party providing the information states otherwise in writing; or
(b) the information is in the public domain; or
(c) a Party is the disclosure of information is required by law.
7.2 The LLCA and the Constituent Councils shall cooperate with each other and provide all necessary assistance in respect of any request for information received (whether under the Freedom of Information Xxx 0000, the Environmental Information Regulations 2004, the Local Government Transparency Code as amended from time to time or any other superseding legislation) by any Party in respect of the LLCA.
7.3 Each Party is responsible for responding to information requests received by it but shall have regard to any views expressed by the other Parties where the response to an information request requires disclosure of information supplied by one or more of the Parties.
7.4 All Parties shall provide the Party receiving a request (the “Receiving Party”) with such information as the Receiving Party may reasonably require to discharge their statutory duty within five (5) Working Days of the request from the Receiving Party.
7.5 This Clause 7 shall survive upon termination of this Agreement.
CONFIDENTIALITY AND FREEDOM OF INFORMATION. You must keep the contents of this bid pack confidential (including the fact that you have received it). This obligation shall not apply insofar as: ● enabling you to submit a bid; or ● compliance with a legal obligation.
CONFIDENTIALITY AND FREEDOM OF INFORMATION.
17.1 The Councils acknowledge that the commercial information contained within this Agreement and all information as referred to in Clause 17.2 below shall remain confidential in and in particular but not limited to Schedule part 2, and Schedule Part 4 paragraph 13.
17.2 The Councils shall keep confidential all Confidential Information received by one Council from the other Council(s) relating to this Agreement and shall use all reasonable endeavours to prevent their employees and agents from making any disclosure to any person of any such Confidential Information.
17.3 Clauses 17.1 and 17.2 above shall not apply to:
17.3.1 any disclosure of information that is reasonably required by any person engaged in the performance of their obligations under the Agreement for the performance of those obligations;
17.3.2 any matter which a Council under this Agreement can demonstrate is already or becomes generally available and in the public domain otherwise than as a result of a breach of this Clause 17 (Confidentiality and Freedom of Information);
17.3.3 any disclosure to enable a determination to be made under Clause 26 (Dispute Resolution Procedure);
17.3.4 any disclosure which is required pursuant to any statutory, legal (including any order of a court of competent jurisdiction) or Parliamentary obligation placed upon the Council making the disclosure or the rules of any stock exchange or governmental or regulatory authority;
17.3.5 any disclosure of information which is already lawfully in the possession of the receiving Council(s), prior to its disclosure by the disclosing Council;
17.3.6 any provision of information to the Council’s own professional advisers or insurance advisers;
17.3.7 any disclosure by any Council of information relating to the design, construction, operation and maintenance of the Project otherwise than in accordance with this Agreement;
17.3.8 any disclosure of information by any Councils to any other department, office or agency of the Government or their respective advisers or to any person engaged in providing services to the Council for any purpose related to or ancillary to this Agreement;
17.3.9 any disclosure for the purpose of:
(i) the examination and certification of any of the Council’s accounts;
(ii) any examination pursuant to the Local Government in Xxxxxxxx Xxx 0000 of the economy, efficiency and effectiveness with which the Council has used its resources;
(iii) complying with a proper request from any Council’s insurance...
