Environmental Information Regulations. 17.1 The Parties recognise that they are subject to legal duties under the EIR, which may require the disclosure of information upon request. Such information may include matters relating to, arising out of or under this Agreement in any way. 17.2 The Parties recognise that each request for information shall be considered individually. 17.3 Notwithstanding anything in this Agreement to the contrary including, but without limitation, the general obligation of confidentiality imposed on the Parties pursuant to Clause 16.1, in the event that either Party (in this Clause 17.3, “the Relevant Party”) receives a request for information under the EIR, the Relevant Party shall be entitled to disclose all information and documentation (in whatever form) as necessary to respond to that request in accordance with the EIR PROVIDED ALWAYS that where the information requested is information that has been given to the Relevant Party by the other Party (in this Clause 17.3, ”the Other Party”),: (A) the Relevant Party shall use reasonable endeavours to consult the Other Party as soon as reasonably practicable ( and in any event within a maximum of 5 Business Days) regarding the EIR request and the availability of EIR Exemptions, and the Other Party agrees to respond to such consultation within 7 Business Days of receiving the consultation notice; (B) the Relevant Party shall not disclose any information that the Parties have agreed is Exempted Information, and, where the Parties so agree, shall rely on EIR Exemptions and use reasonable endeavours to ensure that the Exempted Information remains withheld, including the lodging of any appeal against a decision by the Information Commissioner in relation to the request; and (C) in the event that the Relevant Party bears any costs or expenses, including, but not limited to external legal costs, in seeking to maintain the withholding of the information in accordance with the agreement of the Parties under sub-clause (B) of this Clause 17.3, including but not limited to responding to information notices or lodging appeals against a decision of the Information Commissioner in relation to disclosure, the Other Party shall indemnify the Relevant Party, save that the Relevant Party shall use reasonable endeavours to consult the Other Party before incurring any external costs or expenses and comply with all reasonable requirements of the Other Party before incurring external costs and expenses and shall permit the Other Party to take over the sole conduct of the matter if it so chooses; and (D) for the avoidance of doubt, the costs and expenses recoverable by the Relevant Party under sub-Clause (C) of this Clause 17.3 shall include reasonable internal costs, including establishment charges and overheads.
Appears in 2 contracts
Environmental Information Regulations. 17.1 The Parties recognise that they are subject to legal duties under the EIR, which may require the disclosure of information upon request. Such information may include matters relating to, arising out of or under this Agreement in any way.
17.2 The Parties recognise that each request for information shall be considered individually.
17.3 Notwithstanding anything in this Agreement to the contrary including, but without limitation, the general obligation of confidentiality imposed on the Parties pursuant to Clause 16.1, in the event that either Party (in this Clause 17.3, “the Relevant Party”) receives a request for information under the EIR, the Relevant Party shall be entitled to disclose all information and documentation (in whatever form) as necessary to respond to that request in accordance with the EIR PROVIDED ALWAYS that where the information requested is information that has been given to the Relevant Party by the other Party (in this Clause 17.3, ”the Other Party”),:
(A) the Relevant Party shall use reasonable endeavours to consult the Other Party as soon as reasonably practicable ( (and in any event within with a maximum of 5 Business Days) regarding the EIR request and the availability of EIR Exemptions, and the Other Party agrees to respond to such consultation within 7 Business Days of receiving the consultation notice;
(B) the Relevant Party shall not disclose any information that the Parties have agreed is Exempted Information, and, where the Parties so agree, shall rely on EIR Exemptions and use reasonable endeavours to ensure that the Exempted Information remains withheld, including the lodging of any appeal against a decision by the Information Commissioner in relation to the request; and
(C) in the event that the Relevant Party bears any costs or expenses, including, but not limited to external legal costs, in seeking to maintain the withholding of the information in accordance with the agreement of the Parties under sub-clause (B) of this Clause 17.3, including but not limited to responding to information notices or lodging appeals against a decision of the Information Commissioner in relation to disclosure, the Other Party shall indemnify the Relevant Party, save that the Relevant Party shall use reasonable endeavours to consult the Other Party before incurring any external costs or expenses and comply with all reasonable requirements of the Other Party before incurring external costs and expenses and shall permit the Other Party to take over the sole conduct of the matter if it so chooses; and
(D) for the avoidance of doubt, the costs and expenses recoverable by the Relevant Party under sub-Clause (C) of this Clause 17.3 shall include reasonable internal costs, including establishment charges and overheads.
Appears in 1 contract
Samples: Bulk Discharge Agreement
Environmental Information Regulations. 17.1 16.1 The Parties recognise that they are subject to legal duties under the EIRduties, which may require the disclosure release of information upon under the EIR and may be under an obligation to provide information on request. Such information may include matters relating to, arising out of or under this Agreement in any way.
17.2 16.2 The Parties recognise that each request for information shall be considered individually.
17.3 16.3 Notwithstanding anything in this Agreement to the contrary including, but without limitation, the general obligation of confidentiality imposed on the Parties pursuant to Clause 16.115, in the event that either Party (in this Clause 17.316.3, “the Relevant Party”) receives a request for information under the EIR, the Relevant Party shall be entitled to disclose all information and documentation (in whatever form) as necessary to respond to that request in accordance with the EIR PROVIDED ALWAYS that where the information requested is information that has been given to the Relevant Party by the other Party (in this Clause 17.316.3, ”the Other Party”),, the Relevant Party:
(A) the Relevant Party shall use reasonable endeavours to consult the Other Party as soon as reasonably practicable ( and in any event within a maximum of 5 Business Daysdays) regarding the EIR request and the availability of EIR Exemptions, and the Other Party agrees to respond to such consultation within 7 Business Days of receiving the consultation notice;
(B) the Relevant Party shall not disclose any information that the Parties have agreed is Exempted Information, and, where the Parties so agree, Information and shall rely on EIR Exemptions and use reasonable endeavours to ensure that the Exempted Information remains withheld, including the lodging of any appeal against a decision by the Information Commissioner in relation to the request; and;
(C) in the event that the Relevant Party bears any costs or expenses, including, but not limited to external legal costs, in seeking to maintain the withholding of the information in accordance with the agreement of the Parties under sub-clause (B) of this Clause 17.3information, including but not limited to responding to information notices or lodging appeals against a decision of the Information Commissioner in relation to disclosure, the Other Party shall indemnify the Relevant Party, save that the Relevant Party shall use reasonable endeavours to consult the Other Party before incurring any external costs or expenses and comply with all reasonable requirements of the Other Party before incurring external costs and expenses and shall permit the Other Party to take over the sole conduct of the matter if it so chooses; and
(D) for the avoidance of doubt, the costs and expenses recoverable by the Relevant Party under sub-Clause (C) of this Clause 17.3 16.3 shall include reasonable internal costs, including establishment charges and overheads.
Appears in 1 contract
Samples: Bulk Supply Agreement
Environmental Information Regulations. 17.1 16.1 The Parties recognise that they are subject to legal duties under the EIRduties, which may require the disclosure release of information upon under the EIR and may be under an obligation to provide information on request. Such information may include matters relating to, arising out of or under this Agreement in any way.
17.2 16.2 The Parties recognise that each request for information shall be considered individually.
17.3 16.3 Notwithstanding anything in this Agreement to the contrary including, but without limitation, the general obligation of confidentiality imposed on the Parties pursuant to Clause 16.115, in the event that either Party (in this Clause 17.316.3, “the Relevant Party”) receives a request for information under the EIR, the Relevant Party shall be entitled to disclose all information and documentation (in whatever form) as necessary to respond to that request in accordance with the EIR PROVIDED ALWAYS that where the information requested is information that has been given to the Relevant Party by the other Party (in this Clause 17.316.3, ”the Other Party”),, the Relevant Party:
(A) the Relevant Party shall use reasonable endeavours to consult the Other Party as soon as reasonably practicable ( and in any event within a maximum of 5 Business Days) regarding the EIR request and the availability of EIR Exemptions, and the Other Party agrees to respond to such consultation within 7 Business Days of receiving the consultation notice;
(B) the Relevant Party shall not disclose any information that the Parties have agreed is Exempted Information, and, where the Parties so agree, Information and shall rely on EIR Exemptions and use reasonable endeavours to ensure that the Exempted Information remains withheld, including the lodging of any appeal against a decision by the Information Commissioner in relation to the request; and;
(C) in the event that the Relevant Party bears any costs or expenses, including, but not limited to external legal costs, in seeking to maintain the withholding of the information in accordance with the agreement of the Parties under sub-clause (B) of this Clause 17.3information, including but not limited to responding to information notices or lodging appeals against a decision of the Information Commissioner in relation to disclosure, the Other Party shall indemnify the Relevant Party, save that the Relevant Party shall use reasonable endeavours to consult the Other Party before incurring any external costs or expenses and comply with all reasonable requirements of the Other Party before incurring external costs and expenses and shall permit the Other Party to take over the sole conduct of the matter if it so chooses; and
(D) for the avoidance of doubt, the costs and expenses recoverable by the Relevant Party under sub-Clause (C) of this Clause 17.3 16.3 shall include reasonable internal costs, including establishment charges and overheads.
Appears in 1 contract
Samples: Bulk Supply Agreement
Environmental Information Regulations. 17.1 The Parties recognise that they are subject to legal duties under the EIR, which may require the disclosure of information upon request. Such information may include matters relating to, arising out of or under this Agreement in any way.
17.2 The Parties recognise that each request for information shall be considered individually.
17.3 Notwithstanding anything in this Agreement to the contrary including, but without limitation, the general obligation of confidentiality imposed on the Parties pursuant to Clause 16.1, in the event that either Party (in this Clause 17.3, “the Relevant Party”) receives a request for information under the EIR, the Relevant Party shall be entitled to disclose all information and documentation (in whatever form) as necessary to respond to that request in accordance with the EIR PROVIDED ALWAYS that where the information requested is information that has been given to the Relevant Party by the other Party (in this Clause 17.3, ”the Other Party”),:
(A) the Relevant Party shall use reasonable endeavours to consult the Other Party as soon as reasonably practicable ( (and in any event within a maximum of 5 Business Days) regarding the EIR request and the availability of EIR Exemptions, and the Other Party agrees to respond to such consultation within 7 Business Days of receiving the consultation notice;
(B) the Relevant Party shall not disclose any information that the Parties have agreed is Exempted Information, and, where the Parties so agree, shall rely on EIR Exemptions and use reasonable endeavours to ensure that the Exempted Information remains withheld, including the lodging of any appeal against a decision by the Information Commissioner in relation to the request; and
(C) in the event that the Relevant Party bears any costs or expenses, including, but not limited to external legal costs, in seeking to maintain the withholding of the information in accordance with the agreement of the Parties under sub-clause (B) of this Clause 17.3, including but not limited to responding to information notices or lodging appeals against a decision of the Information Commissioner in relation to disclosure, the Other Party shall indemnify the Relevant Party, save that the Relevant Party shall use reasonable endeavours to consult the Other Party before incurring any external costs or expenses and comply with all reasonable requirements of the Other Party before incurring external costs and expenses and shall permit the Other Party to take over the sole conduct of the matter if it so chooses; and
(D) for the avoidance of doubt, the costs and expenses recoverable by the Relevant Party under sub-Clause (C) of this Clause 17.3 shall include reasonable internal costs, including establishment charges and overheads.
Appears in 1 contract
Samples: Bulk Discharge Agreement