Common use of Freedom of Information Act 2000 Clause in Contracts

Freedom of Information Act 2000. 2.1 The Freedom of Information Act 2000 (FOIA) applies to the Authority. 2.2 Offerors should be aware of the Authority’s obligations and responsibilities under the FOIA to disclose, on request, recorded information held by the Authority. Information provided by Offerors in connection with this procurement exercise, or with any Contract that may be awarded as a result of this exercise, may therefore have to be disclosed by the Authority in response to such a request, unless the Authority decides that one of the statutory exemptions under the FOIA applies. The Authority may also include certain information in the publication scheme, which it maintains under the FOIA. In certain circumstances, and in accordance with the Code of Practice issued under section 45 of the FOIA or the Environmental Information Regulations 2004, the Authority may consider it appropriate to ask Offerors for their views as to the release of any information before a decision on how to respond to a request is made. In dealing with requests for information under the FOIA, the Authority must comply with a strict timetable and the Authority would, therefore, expect a timely response to any such consultation within five working days. 2.4 If Offerors provide any information to the Authority in connection with this procurement exercise, or with any Contract that may be awarded as a result of this exercise, which is confidential in nature and which an Offeror wishes to be held in confidence, then Offerors must clearly identify in their offer documentation the information to which Offerors consider a duty of confidentiality applies. Offerors must give a clear indication, which material is to be considered confidential and why you consider it to be so, along with the time period for which it will remain confidential in nature. The use of blanket protective markings such as “commercial in confidence” will no longer be appropriate. In addition, marking any material as “confidential” or equivalent should not be taken to mean that the Authority accepts any duty of confidentiality by virtue of such marking. Please note that even where an Offeror has indicated that information is confidential, the Authority may be required to disclose it under the FOIA if a request is received. 2.5 The Authority cannot accept that trivial information or information which by its very nature cannot be regarded as confidential should be subject to any obligation of confidence. 2.6 In certain circumstances where information has not been provided in confidence, the Authority may still wish to consult with Offerors about the application of any other exemption such as that relating to disclosure that will prejudice the commercial interests of any party. 2.7 The decision as to which information will be disclosed is reserved to the Authority, notwithstanding any consultation with you.

Freedom of Information Act 2000. 2.1 The Freedom of Information Act 2000 (FOIA) applies Contractor acknowledges and agrees that the Authority is subject to the Authority. 2.2 Offerors should be aware requirements of the Authority’s FOIA and the EIRs. The Contractor shall provide all necessary assistance to and fully cooperate with the Authority to enable the Authority to comply with its obligations under that legislation. The Contractor shall and responsibilities shall procure that its Sub-contractors shall: transfer any Request for Information from any third party to the Authority as soon as practicable and in any event within 3 Working days of receiving a Request for Information; provide the Authority with a copy of all Information in its possession or power in the form that the Authority requires within 3 Working Days (or such other period as the Authority may specify) of the Authority requesting that Information; provide all necessary assistance and co-operation as reasonably requested by the Authority to enable the Authority to comply with its obligations under the FOIA and/or the EIRs; not oppose the disclosure of this Agreement or information relating to disclosethis Agreement if the Authority in its absolute discretion determines it is necessary to do so in order to comply with its obligations, on request, recorded information held save that the Authority shall have due regard for the concerns of the Contractor and may therefore redact some parts of the Agreement as the Authority deems necessary; and not respond directly to a Request for Information unless expressly authorised in writing to do so by the Authority. Information provided by Offerors in connection with this procurement exercise, or with any Contract that may be awarded as a result of this exercise, may therefore have to be disclosed by the Authority in response to such a request, unless the Authority decides that one of the statutory exemptions under the FOIA applies. The Authority may also include certain information in the publication scheme, which it maintains under the FOIA. In certain circumstances, and shall be responsible for determining at its absolute discretion whether any Commercially Sensitive Information and/or any other Information: is exempt from disclosure in accordance with the Code of Practice issued under section 45 provisions of the FOIA or the Environmental Information Regulations 2004, the Authority may consider it appropriate to ask Offerors for their views as to the release of any information before a decision on how to respond to a request is made. In dealing with requests for information under the FOIA, the Authority must comply with a strict timetable and the Authority would, therefore, expect a timely response to any such consultation within five working days. 2.4 If Offerors provide any information to the Authority in connection with this procurement exercise, or with any Contract that may be awarded as a result of this exercise, which is confidential in nature and which an Offeror wishes to be held in confidence, then Offerors must clearly identify in their offer documentation the information to which Offerors consider a duty of confidentiality applies. Offerors must give a clear indication, which material EIRs; and/or is to be considered confidential and why you consider it disclosed in response to be soa Request for Information. Notwithstanding the provisions of Clause 9, along with the time period for which it will remain confidential in nature. The use of blanket protective markings such as “commercial in confidence” will no longer be appropriate. In addition, marking any material as “confidential” or equivalent should not be taken to mean Contractor acknowledges that the Authority accepts any duty of confidentiality by virtue of such marking. Please note that even where an Offeror has indicated that information is confidential, the Authority may be required to disclose it obliged under the FOIA if a request or the EIRs to disclose Confidential Information: without consulting with the Contractor, or following consultation with the Contractor and having taken its views into account. The Contractor shall ensure that all information produced in the course of the Agreement or relating to the Agreement is received. 2.5 The Authority cannot accept that trivial information or information which by its very nature cannot be regarded as confidential should be subject to any obligation of confidence. 2.6 In certain circumstances where information has not been provided in confidence, retained for disclosure for 6 years and shall permit the Authority may still wish to consult with Offerors about the application of any other exemption inspect such as that relating to disclosure that will prejudice the commercial interests of any partyrecords upon reasonable request. 2.7 The decision as to which information will be disclosed is reserved to the Authority, notwithstanding any consultation with you.

Freedom of Information Act 2000. 2.1 The Freedom of Information Act 2000 (FOIA) applies to the Authority. 2.2 Offerors HFEA. Tenderers should be aware of the Authority’s HFEA's obligations and responsibilities under the FOIA to disclose, on written request, recorded information held by the AuthorityHFEA. Information provided by Offerors tenderers in connection with this procurement exercise, or with any Contract that may be awarded as a result of this exercise, may therefore have to be disclosed by the Authority HFEA in response to such a request, unless the Authority HFEA decides that one of the statutory exemptions under the FOIA applies. The Authority HFEA may also include certain information in the publication scheme, scheme which it maintains under the FOIA. In certain circumstances, and in accordance with the Code of Practice issued under section 45 of the FOIA or the Environmental Information Regulations 2004, the Authority HFEA may consider it appropriate to ask Offerors tenderers for their views as to the release of any information before a decision on how to respond to a request is made. In dealing with requests for information under the FOIA, the Authority HFEA must comply with a strict timetable and the Authority HFEA would, therefore, expect a timely response to any such consultation within five two working days. 2.4 If Offerors . Tenderers may provide any information to the Authority HFEA in connection with this procurement exercise, or with any Contract that may be awarded as a result of this exercise, which is confidential in nature and which an Offeror a tenderer wishes to be held in confidence, then Offerors must clearly identify in their offer documentation the information to which Offerors consider a duty of confidentiality applies. Offerors Tenderers must give a clear indication, indication which type of material is to be considered confidential and why you consider it is considered to be soso (including the Section number in the Freedom of Information Act for the Exemption that they believe applies), along with the time period for which it will remain confidential in nature. The use of blanket protective markings such as “"commercial in confidence” " will no longer be appropriate. In addition, marking any material as “confidential” confidential or equivalent should not be taken to mean that the Authority HFEA accepts any duty of confidentiality by virtue of such marking. Please note that even where an Offeror a tenderer has indicated that information is confidential, confidential the Authority HFEA may be required to disclose it under the FOIA if a request is received. 2.5 . The Authority HFEA cannot accept that trivial information or information which by its very nature cannot be regarded as confidential should be subject to any obligation of confidence. 2.6 . In certain circumstances where information has not been provided in confidence, the Authority HFEA may still wish to consult with Offerors tenderers about the application of any other exemption such as that relating to disclosure that will prejudice the commercial interests of any party. 2.7 . The decision as to which information will be disclosed is reserved to the AuthorityHFEA, notwithstanding any consultation with youthe tenderer. You should submit your tender to the HFEA by 26/01/2018 by 5pm by post or email to: Xxxxxx Xxxxxx Human Fertilisation and Embryology Authority 00 Xxxxxx Xxxxxxx London SW1A 2BU Whatever method of tender delivery is chosen shall be at the tenderers' risk. The HFEA reserves the right to reject any tender if the tenderer has failed to complete and return the Form of Tender or fails to provide the information requested in this Invitation to Tender or the tenderer has submitted any modification or any qualification to their tender. The tenderer may modify the tender prior to the deadline for receipt by giving notice in writing. The modification must be sent in the same manner as the original. No tender may be modified after the deadline for receipt. Tenders may be withdrawn at any time before the award of Contract, providing such intention is expressed in writing to the relevant Officer within the HFEA. The HFEA intends to accept the tender that best meets the outcomes, evaluation criteria and considerations outlined in this document. At its sole discretion, the HFEA reserves the right to accept or reject all or any part of any tender. The HFEA does not accept any costs incurred in the production of your submission. Tenders, all documents and all correspondence relating to the tender must be written in English.

Freedom of Information Act 2000. 2.1 26.1 The Freedom Service Provider recognises that the Purchaser is subject to legal duties which may require the release of Information Act 2000 (FOIA) applies to the Authority. 2.2 Offerors should be aware of the Authority’s obligations and responsibilities information under the FOIA to disclose, on request, recorded information held by the Authority. Information provided by Offerors in connection with this procurement exercise, or with any Contract that may be awarded as a result of this exercise, may therefore have to be disclosed by the Authority in response to such a request, unless the Authority decides that one of the statutory exemptions under the FOIA applies. The Authority may also include certain information in the publication scheme, which it maintains under the FOIA. In certain circumstances, and in accordance with the Code of Practice issued under section 45 of the FOIA or the Environmental Information Regulations 20042002 or any other applicable legislation or codes governing access to information ("Access Duties") and that the Purchaser may be under an obligation to provide information on request. Such information may include matters to, arising out of or under this Contract. 26.2 Notwithstanding anything in this Contract to the contrary including, but without limitation, the Authority general obligation of confidentiality imposed on the parties to this Contract under clause 26.1 above, in the event that the Purchaser receives a request for information under its Access Duties, the Purchaser shall be entitled to disclose all such information and documentation (in whatever form) as the Purchaser is obliged to disclose under its Access Duties. In respect of any disclosure under its Access Duties, the Purchaser shall advise the Service Provider of the intention to disclose the information, prior to such disclosure being made. 26.3 When submitting a tender or agreeing the terms of this Contract the Service Provider may consider identify in writing information which it appropriate considers to ask Offerors be commercially prejudicial or a trade secret. The Service Provider may also indicate if it believes that information should be accepted by the Purchaser in confidence. Such an expectation should only be asserted where the Service Provider believes it would have grounds to sue for their views as breaches of confidence were the information to be disclosed. Where the release Service Provider identifies sensitive information the Purchaser will have due regard to its comments or objections. 26.4 Notwithstanding clause 26.3 the Purchaser shall be responsible for determining whether information is exempt from disclosure under FOIA and for determining, in its absolute discretion, the information to be disclosed in response to a request for information. 26.5 The Service Provider will assist the Purchaser in complying with its obligations under its Access Duties. In the event that the Purchaser receives a request for information under its Access Duties and requires the Service Provider’s assistance in obtaining the information that is subject to such request or otherwise, the Service Provider will respond to any such request for assistance from the Purchaser at its own cost and promptly and in any event within 10 days of receiving the Purchaser’s request. 26.6 If at the Service Provider’s request the Purchaser seeks to rely upon a FOIA exemption, the Service Provider shall indemnify the Purchaser for any costs including but not limited to responding to information notices or lodging appeals against a decision of the Information Commissioner. 26.7 The Purchaser shall not be liable for any loss, damage, harm or other detriment however caused arising from the disclosure of any information before a decision on how relating to respond to a request this Contract which the Purchaser is made. In dealing with requests for information under the FOIA, the Authority must comply with a strict timetable and the Authority would, therefore, expect a timely response to any such consultation within five working days. 2.4 If Offerors provide any information to the Authority in connection with this procurement exercise, or with any Contract that may be awarded as a result of this exercise, which is confidential in nature and which an Offeror wishes to be held in confidence, then Offerors must clearly identify in their offer documentation the information to which Offerors consider a duty of confidentiality applies. Offerors must give a clear indication, which material is to be considered confidential and why you consider it to be so, along with the time period for which it will remain confidential in nature. The use of blanket protective markings such as “commercial in confidence” will no longer be appropriate. In addition, marking any material as “confidential” or equivalent should not be taken to mean that the Authority accepts any duty of confidentiality by virtue of such marking. Please note that even where an Offeror has indicated that information is confidential, the Authority may be required obliged to disclose it under the FOIA if a request is receivedits Access Duties. 2.5 The Authority cannot accept that trivial information or information which by its very nature cannot be regarded as confidential should be subject to any obligation of confidence. 2.6 In certain circumstances where information has not been provided in confidence, the Authority may still wish to consult with Offerors about the application of any other exemption such as that relating to disclosure that will prejudice the commercial interests of any party. 2.7 The decision as to which information will be disclosed is reserved to the Authority, notwithstanding any consultation with you.

Freedom of Information Act 2000. 2.1 The 16.1 All information related to the Contract which is held by the Purchaser on behalf of NLB shall be regarded as being held by NLB and is subject to the provisions of the Freedom of Information Act 2000 (FOIA) applies to the Authority“FoIA”). 2.2 Offerors should be aware of 16.2 NLB and the Authority’s obligations and responsibilities under the FOIA to disclosePurchaser acknowledge that, on request, recorded except for any information held by the Authority. Information provided by Offerors in connection with this procurement exercise, or with any Contract that may be awarded as a result of this exercise, may therefore have to be disclosed by the Authority in response to such a request, unless the Authority decides that one of the statutory exemptions under the FOIA applies. The Authority may also include certain information in the publication scheme, which it maintains under the FOIA. In certain circumstances, and is exempt from disclosure in accordance with the Code of Practice issued under section 45 provisions of the FOIA or the Environmental Information Regulations 2004FoIA, the Authority may consider it appropriate content of the Contract is not Confidential Information. NLB 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 the Contract, the Purchaser hereby gives its consent for NLB to ask Offerors for their views as publish the Contract in its entirety, (but with any information which is exempt from disclosure in accordance with the provisions of the FoIA redacted) including, from time to time, agreed changes to the release Contract, to the general public. NLB may consult with the Purchaser to inform its decision regarding any redactions but NLB shall have the final decision in its absolute discretion. The Purchaser shall assist and cooperate with NLB to enable NLB to publish the Contract. 16.3 NLB may disclose all such information as aforesaid related to the Contract and NLB shall not be liable for any such disclosure, including without limitation, (i) the disclosure of any information before which would constitute an actionable breach of confidence in terms of Section 41 of the FoIA; and (ii) the disclosure of any Commercially Sensitive Information in terms of Section 43 of the FoIA for which purposes Commercially Sensitive Information means the information (i) listed in the Commercially Sensitive Information Schedule annexed to the Contract; or (ii) notified to NLB in writing (prior to the commencement of the Contract) which has been clearly marked as Commercially Sensitive Information comprised of information (a) which is provided by the Purchaser to NLB in confidence for the period set out in that Schedule or notification; and/or (b) which constitutes a decision on how trade secret. 16.4 The Purchaser acknowledges that it is aware that NLB is obliged to respond to a request is made. In dealing with requests for information under the FOIA, the Authority must comply with a strict timetable the ISO27001 Information Security standards and the Authority wouldPurchaser hereby agrees that it shall immediately do all things which are reasonably requested by the NLB in order that NLB complies with such standards or any other standards which apply to NLB in relation to the use of its information technology by the Purchaser or any of its servants, thereforeemployees, expect a timely response agents or sub-contractors (including without limitation immediately providing NLB with details of the Purchaser’s policies, procedures, systems and measures pertaining to any such consultation within five working daysthe protection of its own information technology when so requested). 2.4 If Offerors provide any information to the Authority in connection with this procurement exercise, or with any Contract that may be awarded as a result 16.5 The provisions of this exercise, which is confidential in nature Condition 16 shall apply during the continuance of the Contract and which an Offeror wishes to be held in confidence, then Offerors must clearly identify in their offer documentation the information to which Offerors consider a duty of confidentiality applies. Offerors must give a clear indication, which material is to be considered confidential and why you consider it to be so, along with the time period for which it will remain confidential in nature. The use of blanket protective markings such as “commercial in confidence” will no longer be appropriate. In addition, marking any material as “confidential” or equivalent should not be taken to mean that the Authority accepts any duty of confidentiality by virtue of such marking. Please note that even where an Offeror has indicated that information is confidential, the Authority may be required to disclose it under the FOIA if a request is receivedafter its termination howsoever arising. 2.5 The Authority cannot accept that trivial information or information which by its very nature cannot be regarded as confidential should be subject to any obligation of confidence. 2.6 In certain circumstances where information has not been provided in confidence, the Authority may still wish to consult with Offerors about the application of any other exemption such as that relating to disclosure that will prejudice the commercial interests of any party. 2.7 The decision as to which information will be disclosed is reserved to the Authority, notwithstanding any consultation with you.

Freedom of Information Act 2000. 2.1 16.1 The Chief Constable is a corporation sole and PCC is a public authority to which the Freedom of Information Act 2000, The Environmental Information Regulations 2004 and the Code of Practice on Access to Government Information (2nd edition) applies. The Chief Constable and PCC are obliged to consider written requests for information from members of the public and must disclose the requested information unless an exemption is available under the Act or Regulations. In response to a request for information (including information provided by LLTC in the course of this tendering exercise), the Chief Constable and/or PCC may be required to confirm or deny they hold information and communicate the information to the applicant. 16.2 Chief Constable and/or PCC must respond to requests for information by the 20th working day after the request is received and, whilst Chief Constable/PCC may consult with you (but will not necessarily do so) about specific requests, any such consultation will have to be completed within a very short timescale. Accordingly, LLTC must consider whether any of the information supplied (or relating to LLTC) in this tendering exercise falls within one or more of the exemptions contained in Part II of the Freedom of Information Act 2000. If you do consider any such exemption to exist, then LLTC must set out for Chief Constable/PCC in detail, at the earliest opportunity (preferably when providing the information) the particular information to which any exemption applies and the specific grounds for contending that the exemption exists. 16.3 LLTC must provide Chief Constable / PCC with all reasonable assistance and co- operation to enable it to comply with any requests for information received under the Freedom of Information Act 2000 (FOIA) applies within the prescribed time limits. 16.4 LLTC must take any necessary legal advice in relation to the Authorityoperation of the Freedom of Information Act 2000 at the earliest opportunity. 2.2 Offerors should be aware 16.5 No liability shall arise on the part of Chief Constable/ PCC in respect of the Authority’s obligations and responsibilities under the FOIA to disclose, on request, recorded information held by the Authority. Information provided by Offerors in connection with this procurement exercise, or with any Contract that may be awarded as a result of this exercise, may therefore have to be disclosed by the Authority in response to such a request, unless the Authority decides that one of the statutory exemptions under the FOIA applies. The Authority may also include certain information in the publication scheme, which it maintains under the FOIA. In certain circumstances, and in accordance with the Code of Practice issued under section 45 of the FOIA or the Environmental Information Regulations 2004, the Authority may consider it appropriate to ask Offerors for their views as to the release disclosure of any information before a decision on how to respond to a request is made. In dealing by it in proper compliance with requests for information under the FOIA, the Authority must comply with a strict timetable and the Authority would, therefore, expect a timely response to any such consultation within five working daysFreedom of Information Act 2000. 2.4 If Offerors provide 16.6 The Chief Constable and PCC do not intend to divulge any information to the Authority in connection with this procurement exercisepersonal data for non-law enforcement purposes, or with any Contract that may be awarded as a result outside of this exercise, which is confidential in nature European Justice / Home Affairs measures and which an Offeror wishes to be held in confidence, then Offerors must clearly identify in their offer documentation the information to which Offerors consider a duty of confidentiality applies. Offerors must give a clear indication, which material is to be considered confidential and why you consider it to be so, along undertake compliance with the time period for which it will remain confidential in nature. The use of blanket protective markings such as “commercial in confidence” will no longer be appropriate. In addition, marking any material as “confidential” or equivalent should not be taken to mean that the Authority accepts any duty of confidentiality by virtue of such marking. Please note that even where an Offeror has indicated that information is confidential, the Authority may be required to disclose it under the FOIA if a request is receivedEU General Data Protection Regulation 2016/679 (GDPR) & EU Data Protection Directive 2016/680 (‘Law Enforcement Directive’). 2.5 The Authority cannot accept that trivial information or information which by its very nature cannot be regarded as confidential should be subject to any obligation of confidence. 2.6 In certain circumstances where information has not been provided in confidence, the Authority may still wish to consult with Offerors about the application of any other exemption such as that relating to disclosure that will prejudice the commercial interests of any party. 2.7 The decision as to which information will be disclosed is reserved to the Authority, notwithstanding any consultation with you.

Freedom of Information Act 2000. 2.1 The Freedom of Information Act 2000 (FOIA) applies to Supplier acknowledge the Authority. 2.2 Offerors should be aware duties of the Authority’s obligations and responsibilities University under the FOIA FOIA, Codes of Practice and Environmental Regulations and shall give the University all reasonable assistance as appropriate or necessary to discloseenable the University’s compliance with those duties. The Supplier shall assist and cooperate with the University to enable it to comply with its disclosure obligations under the FOIA, on request, Codes of Practice and Environmental Regulations. The Supplier agrees: that this Agreement and any recorded information held by the Authority. Information provided by Offerors in connection with this procurement exercise, or with any Contract that may be awarded as a result Supplier on the University’s behalf for the purposes of this exercise, may therefore have Agreement are subject to be disclosed by the Authority in response to such a request, unless the Authority decides that one obligations and commitments of the statutory exemptions under the FOIA applies. The Authority may also include certain information in the publication scheme, which it maintains University under the FOIA. In certain circumstances, and in accordance with the Code Codes of Practice issued under section 45 of and Environmental Regulations; that the FOIA or the Environmental Information Regulations 2004, the Authority may consider it appropriate to ask Offerors for their views as decision on whether any exemption to the release general obligations of public access to information applies to any request for information before received under the FOIA, Codes of Practice and Environmental Regulations is a decision on how to respond to solely for the University; that where the Supplier receives a request is made. In dealing with requests for information under the FOIA, the Authority must comply with a strict timetable Codes of Practice and Environmental Regulations and the Authority wouldSupplier itself is subject to the FOIA, therefore, expect Codes of Practice and Environmental Regulations it will liaise with the University as to the contents of any response before a timely response to a request is issued and will promptly (and in any such consultation event within five working days. 2.4 If Offerors two (2) Business Days) provide a copy of the request and any response to the University; and that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier is not itself subject to the FOIA, Codes of Practice and Environmental Regulations, it will not respond to that request (unless directed to do so by the University) and will promptly (and in any event within two (2) Business Days) transfer the request to the University. Where any information to is held by any subcontractor of the Authority Supplier in connection with this procurement exerciseAgreement, the Supplier shall procure that such subcontractor shall comply with the relevant obligations set out in this Clause 11, as if such subcontractor were the Supplier In addition to any other indemnities provided by the Supplier to the University elsewhere in this Agreement, the Supplier shall be liable to the University for, and shall indemnify and keep the University indemnified in full against, any and all liabilities, losses (whether direct or with any Contract that may be indirect and including loss of profit), damages, costs, expenses (including legal expenses), actions, costs claims, demands awarded against or incurred or paid by the University, its servants or agents as a result of or in connection with: any injury or allegation of injury to any person, including injury resulting in death; any loss of or damage to property; any breach of the terms of this exercise, which is confidential in nature and which an Offeror wishes to be held in confidence, then Offerors must clearly identify in their offer documentation Agreement including any warranty given by the information to which Offerors consider a duty of confidentiality applies. Offerors must give a clear indication, which material is to be considered confidential and why you consider it to be so, along with the time period for which it will remain confidential in nature. The use of blanket protective markings such as “commercial in confidence” will no longer be appropriate. In addition, marking Supplier under this Agreement; any material as “confidential” or equivalent should not be taken to mean claim that the Authority accepts Goods or any duty of confidentiality by virtue of such marking. Please note that even where an Offeror has indicated that information is confidentialForeground Intellectual Property arising from the Services infringe, or their incorporation, use or resale infringes the Authority may be required to disclose it under the FOIA if a request is received. 2.5 The Authority cannot accept that trivial information or information which by its very nature cannot be regarded as confidential should be subject to any obligation of confidence. 2.6 In certain circumstances where information has not been provided in confidence, the Authority may still wish to consult with Offerors about the application Intellectual Property Rights of any other exemption such person; any claim made against the University in respect of any breach or alleged breach by the University of any statutory provision, regulation or bye-law or other rule of law arising from the acts or omissions of the Supplier or its employees, agents or subcontractors; any liability under the Consumer Protection Act 1987 in respect of any Goods; any liability under the General Product Safety Regulation 1994 in respect of the Goods and any claims which might give rise as that a result of the Goods being a risk to health and safety/unsafe; any liability under regulations relating to disclosure that will prejudice hazardous substances or under the commercial interests Environment Protection Act 1990 in respect of the Goods; and any party. 2.7 The decision as act or omission of the Supplier or its employees, agents or sub-Suppliers in supplying, delivering and installing the Goods or performing the Services, including any injury, loss or damage to which information will be disclosed is reserved persons or to University property caused or contributed to by any of their negligence or by faulty design, workmanship or materials (except to the Authorityextent that the injury, notwithstanding any consultation loss or damage is caused by the negligent act or omission of the University); that arise or result from the Supplier’s acts or omissions or breach of Agreement in connection with youthe performance of this Agreement including the supply of Goods and provision of the Services.