Common use of DATA PROVISION Clause in Contracts

DATA PROVISION. 7.1 The Operator shall provide: 7.1.1 the data specific in Section 1 of Part 4 of Schedule 3 in accordance with Part 3 of Schedule 3; 7.1.2 the data specified in Part 1 of Schedule 4, in accordance with Part 3 of Schedule 3; and 7.1.3 the data specified in Part 2 of Schedule 4, in accordance with Part 3 of Schedule 3. 7.2 The data provided pursuant to this Agreement (including, but not limited to that provided pursuant to clause 7.1) may be used by the Welsh Government, TfW, the Lead Authority and Constituent Local Authorities in the Region solely for the Permitted Uses specified in Part 3 (Permitted Uses) of Schedule 4. Where such data is identified as Confidential or Commercially Sensitive as specified in Part 4 of Schedule 4, the relevant Public Sector Parties shall manage such data as Confidential Information in accordance with clause 21 and clause 23 and Commercially Sensitive in accordance with clause 23. 7.3 Where any Public Sector Party wishes to use any data provided by the Operator pursuant to this Agreement for any use which is not a Permitted Use they shall only do so having obtained the consent of the Operator, such consent not to be unreasonably withheld. 7.4 Where any data is identified as being Commercially Sensitive pursuant to Part 4 of Schedule 4 then each Public Sector Party shall ensure that, even where such data is being utilised in accordance with the Permitted Use that such data is only disclosed in accordance with clauses 21 to 23, and that where the output from the use of such data is disclosed in any manner which could be accessed by any other operator or prospective operator of Local Services, that such data or outputs are aggregated or presented in such a way that no Commercially Sensitive information is published (for example, where information in respect of crowding on buses is presented through using a traffic light system). 7.5 The Parties acknowledge and agree that the data provided pursuant to this clause 7 shall not be used by any Party for: 7.5.1 the purposes of monitoring and/or reporting to the Traffic Commissioner or the DVSA in respect of the Operator’s service performance in respect of reliability and timekeeping for any local services operated by that Operator; or 7.5.2 any purpose relating to the potential introduction of a Quality Contract Scheme pursuant to the Transport Xxx 0000 by any Local Authority or the introduction by any Local Authority of any similar form of franchising arrangement under subsequent legislation, without the Operator’s prior written consent. 7.6 Where any Public Sector Party analyses Operator Data for a Permitted Use with the intention to use that analysis for policy or decision making processes which may materially affect the Operator, such Public Sector Party shall use reasonable endeavours to engage with the Operator prior to use, to allow the Operator to inform such analysis. The Operator acknowledges that compliance with this obligation may not always be practicable, and in particular that a Public Sector Party shall not be obliged to comply with this obligation to the extent that it would breach clause 7.4. 7.7 The Operator shall keep and maintain full and accurate records and accounts on everything to do with this Agreement throughout and for seven (7) years after the date of expiry or termination of this Agreement. 7.8 Where a Public Sector Party is required to audit any information provided by the Operator pursuant to this Agreement, including where Welsh Government has reasonable grounds to believe that any information provided is materially incorrect, then they may appoint an auditor. The Operator shall allow such appointed auditor access to their premises, upon reasonable notice, to verify all accounts and records of everything to do with this Agreement (which is relevant to the issue identified) and provide copies for the audit upon request, subject to clause 21. 7.9 The Operator shall provide information to the auditor and reasonable co‑operation at their request. 7.10 Where any auditor identifies that any information provided by the Operator to any Public Sector Party is materially false or incomplete the relevant Public Sector Party shall be entitled to assess the impact of such false or incomplete information and where this has led to an under-payment to any Public Sector Party or over-payment from any Public Sector Party of the Service Payment, such Party shall be entitled to recover the difference between the amount originally calculated and the amount calculated following correction of the information found to be false or incomplete, and such amount shall be immediately payable by the Operator to such Public Sector Party. 7.11 The Operator agrees to use all reasonable endeavours to enter into the Welsh Bus Open Data Agreement within three (3) months of signing this Agreement, and shall, in any case, enter into such agreement within six (6) months of signing this Agreement. In the event of a conflict between the terms of the Welsh Bus Open Data Agreement and this Agreement, the Parties agree that this Agreement shall take priority during the Term of this Agreement and upon termination or expiry of this Agreement, the Welsh Bus Open Data Agreement shall take priority. 7.12 The Parties acknowledge that TfW use third party suppliers to extract/receive and process data and that clauses 21 and 22 shall apply to the use and processing of such data by such third parties.

DATA PROVISION. 7.1 The Operator shall provide: 7.1.1 the data specific in Section 1 of Part 4 of Schedule 3 in accordance with Part 3 of Schedule 3; 7.1.2 the data specified in Part 1 of Schedule 4, in accordance with Part 3 of Schedule 3; and 7.1.3 7.1.2 the data specified in Part 2 of Schedule 4, in accordance with Part 3 of Schedule 3. 7.2 The data provided pursuant to this Agreement (including, but not limited to that provided pursuant to clause 7.1) may be used by the Welsh Government, TfW, the Lead Authority and Constituent Local Authorities in the Region solely for the Permitted Uses specified in Part 3 (Permitted Uses) of Schedule 4. Where 4 to the extent that each Public Sector Party is entitled to access such data is identified as Confidential or Commercially Sensitive as specified in Part 4 of Schedule 4, the relevant Public Sector Parties shall manage such data as Confidential Information in accordance with clause 21 and clause 23 and Commercially Sensitive in accordance with clause 23. 7.3 Where any Public Sector Party wishes to use any data provided by the Operator pursuant to this Agreement for any use which is not a Permitted Use Use, or to use any data which they shall only do so having obtained the consent of the Operator, such consent are not entitled to be unreasonably withheld.access 7.4 Where any data is identified as being Commercially Sensitive pursuant to Part 4 of Schedule 4 then each Public Sector Party shall ensure that, even where such data is being utilised in accordance with the Permitted Use that such data is only disclosed in accordance with clauses 21 to 23, and that where the output from the use of such data is disclosed in any manner which could be accessed by any other operator or prospective operator of Local Services which compete with the Local Services, that such data or outputs are aggregated or presented in such a way that no Commercially Sensitive information is published (for example, where information in respect of crowding on buses is presented through using a traffic light system)published. 7.5 The Parties acknowledge and agree that the data provided pursuant to this clause 7 Error! Reference source not found. shall not be used by any Party for: 7.5.1 the purposes of monitoring and/or reporting to the Traffic Commissioner or the DVSA in respect of the Operator’s service performance in respect of reliability and timekeeping for any local services operated by that Operator; or 7.5.2 any purpose relating to the potential introduction of a Quality Contract Scheme pursuant to the Transport Xxx 0000 by any Local Authority or the introduction by any Local Authority of any similar form of franchising arrangement under subsequent legislation, without the Operator’s prior written consent, such consent not to be unreasonably withheld. 7.6 Where any Public Sector Party analyses Operator Data for a Permitted Use with the intention to use that analysis for policy or decision making processes which may materially affect the Operator, such Public Sector Party shall use reasonable endeavours to engage with the Operator prior to use, to allow the Operator to inform such analysis. The Operator acknowledges that compliance with this obligation may not always be practicable, and in particular that a Public Sector Party shall not be obliged to comply with this obligation to the extent that it would breach clause 7.4. 7.7 The Operator shall keep and maintain full and accurate records and accounts on everything to do with this Agreement throughout and for [seven (7) )] years after the date of expiry or termination of this Agreement. 7.8 Where a Public Sector Party is required to audit any information provided by the Operator pursuant to this Agreement, including where Welsh Government has reasonable grounds to believe that any information provided is materially incorrect, then they may appoint an auditor. The Operator shall allow such appointed auditor access to their premises, upon reasonable notice, to verify all accounts and records of everything to do with this Agreement (which is relevant to the issue identified) and provide copies for the audit upon request, subject to clause 21. 7.9 The Operator shall provide information to the auditor and reasonable co‑operation at their request. 7.10 Where any auditor identifies that any information provided by the Operator to any Public Sector Party is materially false or incomplete the relevant Public Sector Party shall be entitled to assess the impact of such false or incomplete information and where this has led to an under-payment to any Public Sector Party or over-payment from any Public Sector Party of the Service Payment, such Party shall be entitled to recover the difference between the amount originally calculated and the amount calculated following correction of the information found to be false or incomplete, and such amount shall be immediately payable by the Operator to such Public Sector Party. 7.11 The Operator agrees to use all reasonable endeavours to enter into the Welsh Bus Open Data Agreement within three (3) months of signing this Agreement, and shall, in any case, enter into such agreement within six (6) months of signing this Agreement. In the event of a conflict between the terms of the Welsh Bus Open Data Agreement and this Agreement, the Parties agree that this Agreement shall take priority during the Term of this Agreement and upon termination or expiry of this Agreement, the Welsh Bus Open Data Agreement shall take priority. 7.12 The Parties acknowledge that TfW use third party suppliers to extract/receive and process data and that clauses 21 and 22 shall apply data. TfW therefore agree to use reasonable endeavours to hold such third party suppliers to the use and processing of such data by such third parties.same requirements as this clause 7, as the Parties to this Agreement

DATA PROVISION. 7.1 The Operator shall provide: 7.1.1 the data specific in Section 1 Section 1: of Part 4 SCHEDULE 4: of Schedule 3 SCHEDULE 3: in accordance with Part 3 Part 3: of Schedule SCHEDULE 3;: ; the data specified in Part Part 1: of Schedule SCHEDULE 4: , in accordance with Part Part 3: of Schedule SCHEDULE 3: ; and 7.1.2 the data specified in Part 1 Part 2: of Schedule SCHEDULE 4: , in accordance with Part 3 Part 3: of Schedule SCHEDULE 3; and 7.1.3 the data specified in Part 2 of Schedule 4, in accordance with Part 3 of Schedule 3: . 7.2 The data provided pursuant to this Agreement (including, but not limited to that provided pursuant to clause 7.1) may be used by the Welsh Government, TfW, the Lead Authority and Constituent Local Authorities in the Region solely for the Permitted Uses specified in Part 3 Part 3: (Permitted Uses) of Schedule SCHEDULE 4. Where : to the extent that each Public Sector Party is entitled to access such data is identified as Confidential or Commercially Sensitive as specified in Part 4 Part 4: of Schedule SCHEDULE 4, the relevant Public Sector Parties shall manage such data as Confidential Information in accordance with clause 21 and clause 23 and Commercially Sensitive in accordance with clause 23: . 7.3 Where any Public Sector Party wishes to use any data provided by the Operator pursuant to this Agreement for any use which is not a Permitted Use Use, or to use any data which they are not entitled to access pursuant to Part Part 4: of Schedule SCHEDULE 4: they shall only do so having obtained the consent of the Operator, such consent not to be unreasonably withheld. 7.4 Where any data is identified as being Commercially Sensitive pursuant to Part 4 Part 4: of Schedule 4 SCHEDULE 4: then each Public Sector Party shall ensure that, even where such data is being utilised in accordance with the Permitted Use that such data is only disclosed in accordance with clauses 21 to 23, and that where the output from the use of such data is disclosed in any manner which could be accessed by any other operator or prospective operator of Local Services, that such data or outputs are aggregated or presented in such a way that no Commercially Sensitive information is published (for example, where information in respect of crowding on buses is presented through using a traffic light system)published. 7.5 The Parties acknowledge and agree that the data provided pursuant to this clause 7 Error! Reference source not found. shall not be used by any Party for: 7.5.1 the purposes of monitoring and/or reporting to the Traffic Commissioner or the DVSA in respect of the Operator’s service performance in respect of reliability and timekeeping for any local services operated by that Operator; or 7.5.2 any purpose relating to the potential introduction of a Quality Contract Scheme pursuant to the Transport Xxx 0000 by any Local Authority or the introduction by any Local Authority of any similar form of franchising arrangement under subsequent legislation, without the Operator’s prior written consent.. ] 7.6 Where any Public Sector Party analyses Operator Data for a Permitted Use with the intention to use that analysis for policy or decision making processes which may materially affect the Operator, such Public Sector Party shall use reasonable endeavours to engage with the Operator prior to use, to allow the Operator to inform such analysis. The Operator acknowledges that compliance with this obligation may not always be practicable, and in particular that a Public Sector Party shall not be obliged to comply with this obligation to the extent that it would breach clause 7.4. 7.7 The Operator shall keep and maintain full and accurate records and accounts on everything to do with this Agreement throughout and for [seven (7) )] years after the date of expiry or termination of this Agreement. 7.8 Where a Public Sector Party is required to audit any information provided by the Operator pursuant to this Agreement, including where Welsh Government has reasonable grounds to believe that any information provided is materially incorrect, then they may appoint an auditor. The Operator shall allow such appointed auditor access to their premises, upon reasonable notice, to verify all accounts and records of everything to do with this Agreement (which is relevant to the issue identified) and provide copies for the audit upon request, subject to clause 21. 7.9 The Operator shall provide information to the auditor and reasonable co‑operation at their request. 7.10 Where any auditor identifies that any information provided by the Operator to any Public Sector Party is materially false or incomplete the relevant Public Sector Party shall be entitled to assess the impact of such false or incomplete information and where this has led to an under-payment to any Public Sector Party or over-payment from any Public Sector Party of the Service Payment, such Party shall be entitled to recover the difference between the amount originally calculated and the amount calculated following correction of the information found to be false or incomplete, and such amount shall be immediately payable by the Operator to such Public Sector Party. 7.11 The Operator agrees to use all reasonable endeavours to enter into the Welsh Bus Open Data Agreement within three (3) months of signing this Agreement, and shall, in any case, enter into such agreement within six (6) months of signing this Agreement. In the event of a conflict between the terms of the Welsh Bus Open Data Agreement and this Agreement, the Parties agree that this Agreement shall take priority during the Term of this Agreement and upon termination or expiry of this Agreement, the Welsh Bus Open Data Agreement shall take priority. 7.12 The Parties acknowledge that TfW use third party suppliers to extract/receive and process data and that clauses 21 and 22 shall apply to the use and processing of such data by such third partiesdata.

DATA PROVISION. 7.1 The Operator shall provide: 7.1.1 the data specific in Section 1 of Part 4 of Schedule 3 in accordance with Part 3 of Schedule 3; 7.1.2 the data specified in Part 1 of Schedule 4, in accordance with Part 3 of Schedule 3; and 7.1.3 7.1.2 the data specified in Part 2 of Schedule 4, in accordance with Part 3 of Schedule 3. 7.2 The data provided pursuant to this Agreement (including, but not limited to that provided pursuant to clause 7.1) may be used by the Welsh Government, TfW, the Lead Authority and Constituent Local Authorities in the Region solely for the Permitted Uses specified in Part 3 (Permitted Uses) of Schedule 4. Where 4 to the extent that each Public Sector Party is entitled to access such data is identified as Confidential or Commercially Sensitive as specified in Part 4 of Schedule 4, the relevant Public Sector Parties shall manage such data as Confidential Information in accordance with clause 21 and clause 23 and Commercially Sensitive in accordance with clause 23. 7.3 Where any Public Sector Party wishes to use any data provided by the Operator pursuant to this Agreement for any use which is not a Permitted Use Use, or to use any data which they shall only do so having obtained the consent of the Operator, such consent are not entitled to be unreasonably withheld.access 7.4 Where any data is identified as being Commercially Sensitive pursuant to Part 4 of Schedule 4 then each Public Sector Party shall ensure that, even where such data is being utilised in accordance with the Permitted Use that such data is only disclosed in accordance with clauses 21 to 23, and that where the output from the use of such data is disclosed in any manner which could be accessed by any other operator or prospective operator of Local Services which compete with the Local Services, that such data or outputs are aggregated or presented in such a way that no Commercially Sensitive information is published (for example, where information in respect of crowding on buses is presented through using a traffic light system)published. 7.5 The Parties acknowledge and agree that the data provided pursuant to this clause 7 Error! Reference source not found. shall not be used by any Party for: 7.5.1 the purposes of monitoring and/or reporting to the Traffic Commissioner or the DVSA in respect of the Operator’s service performance in respect of reliability and timekeeping for any local services operated by that Operator; or 7.5.2 any purpose relating to the potential introduction of a Quality Contract Scheme pursuant to the Transport Xxx 0000 Act 2000 by any Local Authority or the introduction by any Local Authority of any similar form of franchising arrangement under subsequent legislation, without the Operator’s prior written consent, such consent not to be unreasonably withheld. 7.6 Where any Public Sector Party analyses Operator Data for a Permitted Use with the intention to use that analysis for policy or decision making processes which may materially affect the Operator, such Public Sector Party shall use reasonable endeavours to engage with the Operator prior to use, to allow the Operator to inform such analysis. The Operator acknowledges that compliance with this obligation may not always be practicable, and in particular that a Public Sector Party shall not be obliged to comply with this obligation to the extent that it would breach clause 7.4. 7.7 The Operator shall keep and maintain full and accurate records and accounts on everything to do with this Agreement throughout and for [seven (7) )] years after the date of expiry or termination of this Agreement. 7.8 Where a Public Sector Party is required to audit any information provided by the Operator pursuant to this Agreement, including where Welsh Government has reasonable grounds to believe that any information provided is materially incorrect, then they may appoint an auditor. The Operator shall allow such appointed auditor access to their premises, upon reasonable notice, to verify all accounts and records of everything to do with this Agreement (which is relevant to the issue identified) and provide copies for the audit upon request, subject to clause 21. 7.9 The Operator shall provide information to the auditor and reasonable co‑operation at their request. 7.10 Where any auditor identifies that any information provided by the Operator to any Public Sector Party is materially false or incomplete the relevant Public Sector Party shall be entitled to assess the impact of such false or incomplete information and where this has led to an under-payment to any Public Sector Party or over-payment from any Public Sector Party of the Service Payment, such Party shall be entitled to recover the difference between the amount originally calculated and the amount calculated following correction of the information found to be false or incomplete, and such amount shall be immediately payable by the Operator to such Public Sector Party. 7.11 The Operator agrees to use all reasonable endeavours to enter into the Welsh Bus Open Data Agreement within three (3) months of signing this Agreement, and shall, in any case, enter into such agreement within six (6) months of signing this Agreement. In the event of a conflict between the terms of the Welsh Bus Open Data Agreement and this Agreement, the Parties agree that this Agreement shall take priority during the Term of this Agreement and upon termination or expiry of this Agreement, the Welsh Bus Open Data Agreement shall take priority. 7.12 The Parties acknowledge that TfW use third party suppliers to extract/receive and process data and that clauses 21 and 22 shall apply data. TfW therefore agree to use reasonable endeavours to hold such third party suppliers to the use and processing of such data by such third parties.same requirements as this clause 7, as the Parties to this Agreement

DATA PROVISION. 7.1 The Operator shall provide: 7.1.1 the data specific in Section 1 Section 1: of Part 4 SCHEDULE 4: of Schedule 3 SCHEDULE 3: in accordance with Part 3 Part 3: of Schedule SCHEDULE 3;: ; the data specified in Part Part 1: of Schedule SCHEDULE 4: , in accordance with Part Part 3: of Schedule SCHEDULE 3: ; and 7.1.2 the data specified in Part 1 Part 2: of Schedule SCHEDULE 4: , in accordance with Part 3 Part 3: of Schedule SCHEDULE 3; and 7.1.3 the data specified in Part 2 of Schedule 4, in accordance with Part 3 of Schedule 3: . 7.2 The data provided pursuant to this Agreement (including, but not limited to that provided pursuant to clause 7.1) may be used by the Welsh Government, TfW, the Lead Authority and Constituent Local Authorities in the Region solely for the Permitted Uses specified in Part 3 Part 3: (Permitted Uses) of Schedule SCHEDULE 4. Where : to the extent that each Public Sector Party is entitled to access such data is identified as Confidential or Commercially Sensitive as specified in Part 4 Part 4: of Schedule SCHEDULE 4, the relevant Public Sector Parties shall manage such data as Confidential Information in accordance with clause 21 and clause 23 and Commercially Sensitive in accordance with clause 23: . 7.3 Where any Public Sector Party wishes to use any data provided by the Operator pursuant to this Agreement for any use which is not a Permitted Use Use, or to use any data which they are not entitled to access pursuant to Part Part 4: of Schedule SCHEDULE 4: they shall only do so having obtained the consent of the Operator, such consent not to be unreasonably withheld. 7.4 Where any data is identified as being Commercially Sensitive pursuant to Part 4 Part 4: of Schedule 4 SCHEDULE 4: then each Public Sector Party shall ensure that, even where such data is being utilised in accordance with the Permitted Use that such data is only disclosed in accordance with clauses 21 to 23, and that where the output from the use of such data is disclosed in any manner which could be accessed by any other operator or prospective operator of Local Services, that such data or outputs are aggregated or presented in such a way that no Commercially Sensitive information is published (for example, where information in respect of crowding on buses is presented through using a traffic light system)published. 7.5 The Parties acknowledge and agree that the data provided pursuant to this clause 7 Error! Reference source not found. shall not be used by any Party for: 7.5.1 the purposes of monitoring and/or reporting to the Traffic Commissioner or the DVSA in respect of the Operator’s service performance in respect of reliability and timekeeping for any local services operated by that Operator; or 7.5.2 any purpose relating to the potential introduction of a Quality Contract Scheme pursuant to the Transport Xxx 0000 Act 2000 by any Local Authority or the introduction by any Local Authority of any similar form of franchising arrangement under subsequent legislation, without the Operator’s prior written consent.. ] 7.6 Where any Public Sector Party analyses Operator Data for a Permitted Use with the intention to use that analysis for policy or decision making processes which may materially affect the Operator, such Public Sector Party shall use reasonable endeavours to engage with the Operator prior to use, to allow the Operator to inform such analysis. The Operator acknowledges that compliance with this obligation may not always be practicable, and in particular that a Public Sector Party shall not be obliged to comply with this obligation to the extent that it would breach clause 7.4. 7.7 The Operator shall keep and maintain full and accurate records and accounts on everything to do with this Agreement throughout and for [seven (7) )] years after the date of expiry or termination of this Agreement. 7.8 Where a Public Sector Party is required to audit any information provided by the Operator pursuant to this Agreement, including where Welsh Government has reasonable grounds to believe that any information provided is materially incorrect, then they may appoint an auditor. The Operator shall allow such appointed auditor access to their premises, upon reasonable notice, to verify all accounts and records of everything to do with this Agreement (which is relevant to the issue identified) and provide copies for the audit upon request, subject to clause 21. 7.9 The Operator shall provide information to the auditor and reasonable co‑operation at their request. 7.10 Where any auditor identifies that any information provided by the Operator to any Public Sector Party is materially false or incomplete the relevant Public Sector Party shall be entitled to assess the impact of such false or incomplete information and where this has led to an under-payment to any Public Sector Party or over-payment from any Public Sector Party of the Service Payment, such Party shall be entitled to recover the difference between the amount originally calculated and the amount calculated following correction of the information found to be false or incomplete, and such amount shall be immediately payable by the Operator to such Public Sector Party. 7.11 The Operator agrees to use all reasonable endeavours to enter into the Welsh Bus Open Data Agreement within three (3) months of signing this Agreement, and shall, in any case, enter into such agreement within six (6) months of signing this Agreement. In the event of a conflict between the terms of the Welsh Bus Open Data Agreement and this Agreement, the Parties agree that this Agreement shall take priority during the Term of this Agreement and upon termination or expiry of this Agreement, the Welsh Bus Open Data Agreement shall take priority. 7.12 The Parties acknowledge that TfW use third party suppliers to extract/receive and process data and that clauses 21 and 22 shall apply to the use and processing of such data by such third partiesdata.

DATA PROVISION. 7.1 The Operator shall provide: 7.1.1 the data specific in Section 1 of Part 4 of Schedule 3 in accordance with Part 3 of Schedule 3; 7.1.2 the data specified in Part 1 of Schedule 4, in accordance with Part 3 of Schedule 3; and 7.1.3 7.1.2 the data specified in Part 2 of Schedule 4, in accordance with Part 3 of Schedule 3. 7.2 The data provided pursuant to this Agreement (including, but not limited to that provided pursuant to clause 7.1) may be used by the Welsh Government, TfW, the Lead Authority and Constituent Local Authorities in the Region solely for the Permitted Uses specified in Part 3 (Permitted Uses) of Schedule 4. Where 4 to the extent that each Public Sector Party is entitled to access such data is identified as Confidential or Commercially Sensitive as specified in Part 4 of Schedule 4, the relevant Public Sector Parties shall manage such data as Confidential Information in accordance with clause 21 and clause 23 and Commercially Sensitive in accordance with clause 23. 7.3 Where any Public Sector Party wishes to use any data provided by the Operator pursuant to this Agreement for any use which is not a Permitted Use Use, or to use any data which they are not entitled to access pursuant to Part 4 of Schedule 4 they shall only do so having obtained the consent of the Operator, such consent not to be unreasonably withheld. 7.4 Where any data is identified as being Commercially Sensitive pursuant to Part 4 of Schedule 4 then each Public Sector Party shall ensure that, even where such data is being utilised in accordance with the Permitted Use that such data is only disclosed in accordance with clauses 21 to 23, and that where the output from the use of such data is disclosed in any manner which could be accessed by any other operator or prospective operator of Local Services which compete with the Local Services, that such data or outputs are aggregated or presented in such a way that no Commercially Sensitive information is published (for example, where information in respect of crowding on buses is presented through using a traffic light system)published. 7.5 The Parties acknowledge and agree that the data provided pursuant to this clause 7 Error! Reference source not found. shall not be used by any Party for: 7.5.1 the purposes of monitoring and/or reporting to the Traffic Commissioner or the DVSA in respect of the Operator’s service performance in respect of reliability and '96$ LQ UHVSHFW RI WKH 2SHUDWRU¶V VHUYLF timekeeping for any local services operated by that Operator; or 7.5.2 any purpose relating to the potential introduction of a Quality Contract Scheme pursuant to the Transport Xxx 0000 Act 2000 by any Local Authority or the introduction by any Local Authority of any similar form of franchising arrangement under subsequent legislation, without the Operator’s prior written consent.ZLWKRXW WKH 2SHUDWRU¶V SULRU reaZsoUnaLblWy wWitHhhQeld . FRQVHQW 7.6 Where any Public Sector Party analyses Operator Data for a Permitted Use with the intention to use that analysis for policy or decision making processes which may materially affect the Operator, such Public Sector Party shall use reasonable endeavours to engage with the Operator prior to use, to allow the Operator to inform such analysis. The Operator acknowledges that compliance with this obligation may not always be practicable, and in particular that a Public Sector Party shall not be obliged to comply with this obligation to the extent that it would breach clause 7.4. 7.7 The Operator shall keep and maintain full and accurate records and accounts on everything to do with this Agreement throughout and for seven (7) years after the date of expiry or termination of this Agreement. 7.8 Where a Public Sector Party is required to audit any information provided by the Operator pursuant to this Agreement, including where Welsh Government has reasonable grounds to believe that any information provided is materially incorrect, then they may appoint an auditor. The Operator shall allow such appointed auditor access to their premises, upon reasonable notice, to verify all accounts and records of everything to do with this Agreement (which is relevant to the issue identified) and provide copies for the audit upon request, subject to clause 21. 7.9 The Operator shall provide information to the auditor and reasonable co‑operation co-operation at their request. 7.10 Where any auditor identifies that any information provided by the Operator to any Public Sector Party is materially false or incomplete the relevant Public Sector Party shall be entitled to assess the impact of such false or incomplete information and where this has led to an under-payment to any Public Sector Party or over-payment from any Public Sector Party of the Service Payment, such Party shall be entitled to recover the difference between the amount originally calculated and the amount calculated following correction of the information found to be false or incomplete, and such amount shall be immediately payable by the Operator to such Public Sector Party. 7.11 The Where the Operator is not a party to the Welsh Bus Open Data Agreement, the Operator agrees to use all reasonable endeavours to enter into the Welsh Bus Open Data Agreement within three (3) months of signing this Agreement, and shall, in any case, enter into such agreement within six (6) months of signing this Agreement. In the event of a conflict between the terms of the Welsh Bus Open Data Agreement and this Agreement, the Parties agree that this Agreement shall take priority during the Term of this Agreement and upon termination or expiry of this Agreement, the Welsh Bus Open Data Agreement shall take priority. 7.12 The Parties acknowledge that TfW use third party suppliers to extract/receive and process data and data. Welsh Government shall therefore procure that clauses 21 and 22 TfW shall use reasonable endeavours to hold such third party suppliers to the same requirements specified in this clause 7, as apply to the use and processing of such data by such third partiesParties to this Agreement.