Common use of Freedom of Information and Transparency Clause in Contracts

Freedom of Information and Transparency. The Supplier acknowledges that the Authority and Other Contracting Bodies are subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and co-operate with the Authority and the Other Contracting Bodies to enable the Authority and Other Contracting Bodies to comply with their Information disclosure obligations in relation to this Framework Agreement and any Call Off Agreements. The Supplier shall: transfer to the Authority and/or the relevant Other Contracting Bodies, as applicable, all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; and provide all necessary assistance reasonably requested by the Authority and/or the Other Contracting Body to enable the Authority and/or the Other Contracting Body to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Authority shall be responsible for determining in absolute its discretion and notwithstanding any other provision in this Framework Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by the Authority. The Supplier acknowledges that (notwithstanding the provisions of this Clause FW-40.) the Authority may, acting in accordance with the Ministry of Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Supplier or the Services: in certain circumstances without consulting the Supplier; or following consultation with the Supplier and having taken its views into account; provided always that where Clause FW-40.5.1 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosure. The Supplier acknowledges that the description of information as Commercially Sensitive Information as notified to the Authority prior to the Commencement Date is of an indicative nature only and that the Authority and Other Contracting Body may be obliged to disclose the Commercially Sensitive Information in accordance with this Clause FW-40.. Subject to any information which is exempt from disclosure under the FOIA and notwithstanding any other term of this Framework Agreement or the Call Off Agreement, the Supplier agrees that the contents of the Framework Agreement and the Call Off Agreement are not Confidential Information and the Supplier hereby gives his consent for the Authority to publish this Framework Agreement and for the Contracting Body to publish the Call Off Agreement in their entirety including from time to time agreed changes to this Framework Agreement and/or the Call Off Agreement, to the general public.

Appears in 8 contracts

Samples: Services Framework Agreement, data.gov.uk, data.gov.uk

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Freedom of Information and Transparency. The Parties acknowledge the duties of Contracting Authorities under the FOIA, Codes of Practice and Environmental Regulations and shall give each other all reasonable assistance as appropriate or necessary to enable compliance with those duties. The Supplier acknowledges that shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and Other Contracting Bodies Environmental Regulations. The Supplier agrees: that this Contract and any recorded information held by the Supplier on the Authority’s behalf for the purposes of this Contract are subject to the requirements obligations and commitments of the FOIA Authority under the FOIA, Codes of Practice and Environmental Regulations; that the decision on whether any exemption to the general obligations of public access to information applies to any request for information received under the FOIA, Codes of Practice and Environmental Regulations is a decision solely for the Authority; that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier itself is subject to the FOIA, Codes of Practice and Environmental Information Regulations and shall assist and co-operate it will liaise with the Authority and the Other Contracting Bodies to enable the Authority and Other Contracting Bodies to comply with their Information disclosure obligations in relation to this Framework Agreement and any Call Off Agreements. The Supplier shall: transfer as to the Authority and/or the relevant Other Contracting Bodies, as applicable, all Requests for Information that it receives as soon as practicable contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Working Days Business Days) provide a copy of receiving the request and any response to the Authority; that where the Supplier receives a Request request for Informationinformation 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 Authority) and will promptly (and in any event within two (2) Business Days) transfer the request to the Authority; that the Authority, acting in accordance with the Codes of Practice issued and revised from time to time under both section 45 of FOIA, and regulation 16 of the Environmental Regulations, may disclose information concerning the Supplier and this Contract; and provide to assist the Authority in responding to a request for information, by processing information or environmental information (as the same are defined in FOIA and the Environmental Regulations) in accordance with a records management system that complies with all necessary assistance reasonably applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority and/or the Other Contracting Body to enable the Authority and/or the Other Contracting Body to respond to the Request for Information within the time for compliance set out in section 10 five (5) Business Days of the FOIA or regulation 5 of the Environmental Information Regulationsthat request and without charge. The Authority shall be responsible Parties acknowledge that, except for determining in absolute its discretion and notwithstanding any other provision in this Framework Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information information which is exempt from disclosure in accordance with the provisions of the FOIA or FOIA, Codes of Practice and Environmental Regulations, the Environmental Information Regulations. In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by the Authority. The Supplier acknowledges that (notwithstanding the provisions content of this Clause FW-40.) the Authority may, acting in accordance with the Ministry of Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Supplier or the Services: in certain circumstances without consulting the Supplier; or following consultation with the Supplier and having taken its views into account; provided always that where Clause FW-40.5.1 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosureContract is not Confidential Information. The Supplier acknowledges that the description of information as Commercially Sensitive Information as notified to the Authority prior to the Commencement Date is of an indicative nature only and that the Authority and Other Contracting Body may be obliged to disclose the Commercially Sensitive Information in accordance with this Clause FW-40.. Subject to any information which is exempt from disclosure under the FOIA and notwithstanding Notwithstanding any other term of this Framework Agreement or the Call Off AgreementContract, the Supplier agrees consents to the publication of this Contract in its entirety (including variations), subject only to the redaction of information that is exempt from disclosure in accordance with the contents provisions of the Framework Agreement FOIA, Codes of Practice and Environmental Regulations. In preparing a copy of this Contract for publication under Clause 3.4 of this Schedule 3 of these Call-off Terms and Conditions, the Call Off Agreement are not Confidential Information and Authority may consult with the Supplier hereby gives his consent for to inform decision making regarding any redactions but the final decision in relation to the redaction of information will be at the Authority’s absolute discretion. The Supplier shall assist and cooperate with the Authority to enable the Authority to publish this Framework Agreement Contract. Where any information is held by any Sub-contractor of the Supplier in connection with this Contract, the Supplier shall procure that such Sub-contractor shall comply with the relevant obligations set out in Clause 3 of this Schedule 3 of these Call-off Terms and for Conditions, as if such Sub-contractor were the Contracting Body to publish the Call Off Agreement in their entirety including from time to time agreed changes to this Framework Agreement and/or the Call Off Agreement, to the general publicSupplier.

Appears in 6 contracts

Samples: NHS Framework Agreement, Framework Agreement, Framework Agreement

Freedom of Information and Transparency. The Supplier acknowledges that the Authority and Other Contracting Bodies are subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and co-operate with the Authority and the Other Contracting Bodies to enable the Authority and Other Contracting Bodies to comply with their Information disclosure obligations in relation to this Framework Agreement and any Call Off Agreements. The Supplier shall: transfer to the Authority and/or the relevant Other Contracting Bodies, as applicable, all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; and provide all necessary assistance reasonably requested by the Authority and/or the Other Contracting Body to enable the Authority and/or the Other Contracting Body to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Authority shall be responsible for determining in absolute its discretion and notwithstanding any other provision in this Framework Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by the Authority. The Supplier acknowledges that (notwithstanding the provisions of this Clause FW-40.) the Authority may, acting in accordance with the Ministry of Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Supplier or the Services: in certain circumstances without consulting the Supplier; or following consultation with the Supplier and having taken its views into account; provided always that where Clause FW-40.5.1 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosure. The Supplier acknowledges that the description of information as Commercially Sensitive Information as notified to the Authority prior to the Commencement Date is of an indicative nature only and that the Authority and Other Contracting Body may be obliged to disclose the Commercially Sensitive Information in accordance with this Clause FW-40.. . Subject to any information which is exempt from disclosure under the FOIA and notwithstanding any other term of this Framework Agreement or the Call Off Agreement, the Supplier agrees that the contents of the Framework Agreement and the Call Off Agreement are not Confidential Information and the Supplier hereby gives his consent for the Authority to publish this Framework Agreement and for the Contracting Body to publish the Call Off Agreement in their entirety including from time to time agreed changes to this Framework Agreement and/or the Call Off Agreement, to the general public.

Appears in 5 contracts

Samples: data.gov.uk, data.gov.uk, data.gov.uk

Freedom of Information and Transparency. The Parties acknowledge the duties of Contracting Authorities under the FOIA, Codes of Practice and Environmental Regulations and shall give each other all reasonable assistance as appropriate or necessary to enable compliance with those duties. The Supplier acknowledges that shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and Other Contracting Bodies Environmental Regulations. The Supplier agrees: that this Contract and any recorded information held by the Supplier on the Authority’s behalf for the purposes of this Contract are subject to the requirements obligations and commitments of the FOIA Authority under the FOIA, Codes of Practice and Environmental Regulations; that the decision on whether any exemption to the general obligations of public access to information applies to any request for information received under the FOIA, Codes of Practice and Environmental Regulations is a decision solely for the Authority; that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier itself is subject to the FOIA, Codes of Practice and Environmental Information Regulations and shall assist and co-operate it will liaise with the Authority and the Other Contracting Bodies to enable the Authority and Other Contracting Bodies to comply with their Information disclosure obligations in relation to this Framework Agreement and any Call Off Agreements. The Supplier shall: transfer as to the Authority and/or the relevant Other Contracting Bodies, as applicable, all Requests for Information that it receives as soon as practicable contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Working Days Business Days) provide a copy of receiving the request and any response to the Authority; that where the Supplier receives a Request request for Informationinformation 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 Authority) and will promptly (and in any event within two (2) Business Days) transfer the request to the Authority; that the Authority, acting in accordance with the Codes of Practice issued and revised from time to time under both section 45 of FOIA, and regulation 16 of the Environmental Regulations, may disclose information concerning the Supplier and this Contract; and provide to assist the Authority in responding to a request for information, by processing information or environmental information (as the same are defined in FOIA and the Environmental Regulations) in accordance with a records management system that complies with all necessary assistance reasonably applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority and/or the Other Contracting Body to enable the Authority and/or the Other Contracting Body to respond to the Request for Information within the time for compliance set out in section 10 five (5) Business Days of the FOIA or regulation 5 of the Environmental Information Regulationsthat request and without charge. The Authority shall be responsible Parties acknowledge that, except for determining in absolute its discretion and notwithstanding any other provision in this Framework Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information information which is exempt from disclosure in accordance with the provisions of the FOIA or FOIA, Codes of Practice and Environmental Regulations, the Environmental Information Regulations. In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by the Authority. The Supplier acknowledges that (notwithstanding the provisions content of this Clause FW-40.) the Authority may, acting in accordance with the Ministry of Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Supplier or the Services: in certain circumstances without consulting the Supplier; or following consultation with the Supplier and having taken its views into account; provided always that where Clause FW-40.5.1 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosureContract is not Confidential Information. The Supplier acknowledges that the description of information as Commercially Sensitive Information as notified to the Authority prior to the Commencement Date is of an indicative nature only and that the Authority and Other Contracting Body may be obliged to disclose the Commercially Sensitive Information in accordance with this Clause FW-40.. Subject to any information which is exempt from disclosure under the FOIA and notwithstanding Notwithstanding any other term of this Framework Agreement or the Call Off AgreementContract, the Supplier agrees consents to the publication of this Contract in its entirety (including variations), subject only to the redaction of information that is exempt from disclosure in accordance with the contents provisions of the Framework Agreement FOIA, Codes of Practice and Environmental Regulations. In preparing a copy of this Contract for publication under Clause 3.4 of this Schedule 3, the Call Off Agreement are not Confidential Information and Authority may consult with the Supplier hereby gives his consent for to inform decision making regarding any redactions but the final decision in relation to the redaction of information will be at the Authority’s absolute discretion. The Supplier shall assist and cooperate with the Authority to enable the Authority to publish this Framework Agreement and for Contract. Where any information is held by any Sub-contractor of the Contracting Body to publish Supplier in connection with this Contract, the Call Off Agreement Supplier shall procure that such Sub-contractor shall comply with the relevant obligations set out in their entirety including from time to time agreed changes to Clause 3 of this Framework Agreement and/or Schedule 3, as if such Sub-contractor were the Call Off Agreement, to the general publicSupplier.

Appears in 5 contracts

Samples: NHS Terms And, NHS Terms and Conditions, NHS Terms And

Freedom of Information and Transparency. The Parties acknowledge the duties of Contracting Authorities under the FOIA, Codes of Practice and Environmental Regulations and shall give each other all reasonable assistance as appropriate or necessary to enable compliance with those duties. The Supplier acknowledges that shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and Other Contracting Bodies Environmental Regulations. The Supplier agrees: that this Contract and any recorded information held by the Supplier on the Authority’s behalf for the purposes of this Contract are subject to the requirements obligations and commitments of the FOIA Authority under the FOIA, Codes of Practice and Environmental Regulations; that the decision on whether any exemption to the general obligations of public access to information applies to any request for information received under the FOIA, Codes of Practice and Environmental Regulations is a decision solely for the Authority; that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier itself is subject to the FOIA, Codes of Practice and Environmental Information Regulations and shall assist and co-operate it will liaise with the Authority and the Other Contracting Bodies to enable the Authority and Other Contracting Bodies to comply with their Information disclosure obligations in relation to this Framework Agreement and any Call Off Agreements. The Supplier shall: transfer as to the Authority and/or the relevant Other Contracting Bodies, as applicable, all Requests for Information that it receives as soon as practicable contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Working Days Business Days) provide a copy of receiving the request and any response to the Authority; that where the Supplier receives a Request request for Informationinformation 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 Authority) and will promptly (and in any event within two (2) Business Days) transfer the request to the Authority; that the Authority, acting in accordance with the Codes of Practice issued and revised from time to time under both section 45 of FOIA, and regulation 16 of the Environmental Regulations, may disclose information concerning the Supplier and this Contract; and provide to assist the Authority in responding to a request for information, by processing information or environmental information (as the same are defined in FOIA and the Environmental Regulations) in accordance with a records management system that complies with all necessary assistance reasonably applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority and/or the Other Contracting Body to enable the Authority and/or the Other Contracting Body to respond to the Request for Information within the time for compliance set out in section 10 five (5) Business Days of the FOIA or regulation 5 of the Environmental Information Regulationsthat request and without charge. The Authority shall be responsible Parties acknowledge that, except for determining in absolute its discretion and notwithstanding any other provision in this Framework Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information information which is exempt from disclosure in accordance with the provisions of the FOIA or FOIA, Codes of Practice and Environmental Regulations, the Environmental Information Regulations. In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by the Authority. The Supplier acknowledges that (notwithstanding the provisions content of this Clause FW-40.) the Authority may, acting in accordance with the Ministry of Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Supplier or the Services: in certain circumstances without consulting the Supplier; or following consultation with the Supplier and having taken its views into account; provided always that where Clause FW-40.5.1 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosureContract is not Confidential Information. The Supplier acknowledges that the description of information as Commercially Sensitive Information as notified to the Authority prior to the Commencement Date is of an indicative nature only and that the Authority and Other Contracting Body may be obliged to disclose the Commercially Sensitive Information in accordance with this Clause FW-40.. Subject to any information which is exempt from disclosure under the FOIA and notwithstanding Notwithstanding any other term of this Framework Agreement or the Call Off AgreementContract, the Supplier agrees consents to the publication of this Contract in its entirety (including variations), subject only to the redaction of information that is exempt from disclosure in accordance with the contents provisions of the Framework Agreement FOIA, Codes of Practice and Environmental Regulations. In preparing a copy of this Contract for publication under Clause 55.4 of this Schedule 3, the Call Off Agreement are not Confidential Information and Authority may consult with the Supplier hereby gives his consent for to inform decision making regarding any redactions but the final decision in relation to the redaction of information will be at the Authority’s absolute discretion. The Supplier shall assist and cooperate with the Authority to enable the Authority to publish this Framework Agreement and for Contract. Where any information is held by any subcontractor of the Contracting Body to publish Supplier in connection with this Contract, the Call Off Agreement Supplier shall procure that such subcontractor shall comply with the relevant obligations set out in their entirety including from time to time agreed changes to Clause 3 of this Framework Agreement and/or Schedule 3, as if such subcontractor were the Call Off Agreement, to the general publicSupplier.

Appears in 4 contracts

Samples: NHS Terms And, NHS Terms And, NHS Terms And

Freedom of Information and Transparency. The Supplier acknowledges that Parties acknowledge the Authority duties of Contracting Authorities under the FOIA, Codes of Practice and Other Contracting Bodies are subject to the requirements of the FOIA and the Environmental Information Regulations and shall give each other all reasonable assistance as appropriate or necessary to enable compliance with those duties. The Supplier shall assist and co-operate cooperate with the Authority and the Other Contracting Bodies to enable the Authority and Other Contracting Bodies it to comply with their Information its disclosure obligations in relation to under the FOIA, Codes of Practice and Environmental Regulations. The Supplier agrees: that this Framework Agreement and any Call Off Agreements. The recorded information held by the Supplier shall: transfer on the Authority’s behalf for the purposes of this Framework Agreement are subject to the obligations and commitments of the Authority and/or under the relevant Other Contracting BodiesFOIA, Codes of Practice and Environmental Regulations; that the decision on whether any exemption to the general obligations of public access to information applies to any request for information received under the FOIA, Codes of Practice and Environmental Regulations is a decision solely for the Authority; that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier itself is subject to the FOIA, Codes of Practice and Environmental Regulations it will liaise with the Authority as applicable, all Requests for Information that it receives as soon as practicable to the contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Working Days Business Days) provide a copy of receiving the request and any response to the Authority; that where the Supplier receives a Request request for Informationinformation 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 Authority) and will promptly (and in any event within two (2) Business Days) transfer the request to the Authority; that the Authority, acting in accordance with the Codes of Practice issued and revised from time to time under both section 45 of FOIA, and regulation 16 of the Environmental Regulations, may disclose information concerning the Supplier and this Framework Agreement; and provide to assist the Authority in responding to a request for information, by processing information or environmental information (as the same are defined in FOIA and the Environmental Regulations) in accordance with a records management system that complies with all necessary assistance reasonably applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority and/or the Other Contracting Body to enable the Authority and/or the Other Contracting Body to respond to the Request for Information within the time for compliance set out in section 10 five (5) Business Days of the FOIA or regulation 5 of the Environmental Information Regulationsthat request and without charge. The Authority shall be responsible Parties acknowledge that, except for determining in absolute its discretion and notwithstanding any other provision in this Framework Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information information which is exempt from disclosure in accordance with the provisions of the FOIA or FOIA, Codes of Practice and Environmental Regulations, the Environmental Information Regulations. In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by the Authority. The Supplier acknowledges that (notwithstanding the provisions content of this Clause FW-40.) the Authority may, acting in accordance with the Ministry of Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Supplier or the Services: in certain circumstances without consulting the Supplier; or following consultation with the Supplier and having taken its views into account; provided always that where Clause FW-40.5.1 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosureFramework Agreement is not Confidential Information. The Supplier acknowledges that the description of information as Commercially Sensitive Information as notified to the Authority prior to the Commencement Date is of an indicative nature only and that the Authority and Other Contracting Body may be obliged to disclose the Commercially Sensitive Information in accordance with this Clause FW-40.. Subject to any information which is exempt from disclosure under the FOIA and notwithstanding Notwithstanding any other term of this Framework Agreement or the Call Off Agreement, the Supplier agrees consents to the publication of this Framework Agreement in its entirety (including variations), subject only to the redaction of information that is exempt from disclosure in accordance with the contents provisions of the FOIA, Codes of Practice and Environmental Regulations. In preparing a copy of this Framework Agreement and for publication under Clause 3.4 of this Schedule 3, the Call Off Agreement are not Confidential Information and Authority may consult with the Supplier hereby gives his consent for to inform decision making regarding any redactions but the final decision in relation to the redaction of information will be at the Authority’s absolute discretion. The Supplier shall assist and cooperate with the Authority to enable the Authority to publish this Framework Agreement and for Agreement. Where any information is held by any Sub-contractor of the Contracting Body to publish the Call Off Agreement Supplier in their entirety including from time to time agreed changes to connection with this Framework Agreement and/or the Call Off Agreement, to the general publicSupplier shall procure that such Sub-contractor shall comply with the relevant obligations set out in Clause 3 of this Schedule 3, as if such Sub-contractor were the Supplier.

Appears in 4 contracts

Samples: Framework Agreement, Framework Agreement, NHS Framework Agreement

Freedom of Information and Transparency. The Supplier acknowledges that Parties acknowledge the Authority duties of Contracting Authorities under the FOIA, Codes of Practice and Other Contracting Bodies are subject to the requirements of the FOIA and the Environmental Information Regulations and shall give each other all reasonable assistance as appropriate or necessary to enable compliance with those duties. The Supplier shall assist and co-operate cooperate with the Authority and the Other Contracting Bodies to enable the Authority and Other Contracting Bodies it to comply with their Information its disclosure obligations in relation to under the FOIA, Codes of Practice and Environmental Regulations. The Supplier agrees: that this Framework Agreement and any Call Off Agreements. The recorded information held by the Supplier shall: transfer on the Authority’s behalf for the purposes of this Framework Agreement are subject to the obligations and commitments of the Authority and/or under the relevant Other Contracting BodiesFOIA, Codes of Practice and Environmental Regulations; that the decision on whether any exemption to the general obligations of public access to information applies to any request for information received under the FOIA, Codes of Practice and Environmental Regulations is a decision solely for the Authority; that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier itself is subject to the FOIA, Codes of Practice and Environmental Regulations it will liaise with the Authority as applicable, all Requests for Information that it receives as soon as practicable to the contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Working Days Business Days) provide a copy of receiving the request and any response to the Authority; that where the Supplier receives a Request request for Informationinformation 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 Authority) and will promptly (and in any event within two (2) Business Days) transfer the request to the Authority; that the Authority, acting in accordance with the Codes of Practice issued and revised from time to time under both section 45 of FOIA, and regulation 16 of the Environmental Regulations, may disclose information concerning the Supplier and this Framework Agreement; and provide to assist the Authority in responding to a request for information, by processing information or environmental information (as the same are defined in FOIA and the Environmental Regulations) in accordance with a records management system that complies with all necessary assistance reasonably applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority and/or the Other Contracting Body to enable the Authority and/or the Other Contracting Body to respond to the Request for Information within the time for compliance set out in section 10 five (5) Business Days of the FOIA or regulation 5 of the Environmental Information Regulationsthat request and without charge. The Authority shall be responsible Parties acknowledge that, except for determining in absolute its discretion and notwithstanding any other provision in this Framework Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information information which is exempt from disclosure in accordance with the provisions of the FOIA or FOIA, Codes of Practice and Environmental Regulations, the Environmental Information Regulations. In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by the Authority. The Supplier acknowledges that (notwithstanding the provisions content of this Clause FW-40.) the Authority may, acting in accordance with the Ministry of Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Supplier or the Services: in certain circumstances without consulting the Supplier; or following consultation with the Supplier and having taken its views into account; provided always that where Clause FW-40.5.1 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosureFramework Agreement is not Confidential Information. The Supplier acknowledges that the description of information as Commercially Sensitive Information as notified to the Authority prior to the Commencement Date is of an indicative nature only and that the Authority and Other Contracting Body may be obliged to disclose the Commercially Sensitive Information in accordance with this Clause FW-40.. Subject to any information which is exempt from disclosure under the FOIA and notwithstanding Notwithstanding any other term of this Framework Agreement or the Call Off Agreement, the Supplier agrees consents to the publication of this Framework Agreement in its entirety (including variations), subject only to the redaction of information that is exempt from disclosure in accordance with the contents provisions of the FOIA, Codes of Practice and Environmental Regulations. In preparing a copy of this Framework Agreement and for publication under Clause 43.4 of this Schedule 3, the Call Off Agreement are not Confidential Information and Authority may consult with the Supplier hereby gives his consent for to inform decision making regarding any redactions but the final decision in relation to the redaction of information will be at the Authority’s absolute discretion. The Supplier shall assist and cooperate with the Authority to enable the Authority to publish this Framework Agreement and for Agreement. Where any information is held by any Sub-contractor of the Contracting Body to publish the Call Off Agreement Supplier in their entirety including from time to time agreed changes to connection with this Framework Agreement and/or the Call Off Agreement, to the general publicSupplier shall procure that such Sub-contractor shall comply with the relevant obligations set out in Clause 43 of this Schedule 3, as if such Sub-contractor were the Supplier.

Appears in 3 contracts

Samples: NHS Framework Agreement, Framework Agreement, Framework Agreement

Freedom of Information and Transparency. The Parties acknowledge the duties of Contracting Authorities under the FOIA, Codes of Practice and Environmental Regulations and shall give each other all reasonable assistance as appropriate or necessary to enable compliance with those duties. The Supplier acknowledges that shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and Other Contracting Bodies Environmental Regulations. The Supplier agrees: that this Contract and any recorded information held by the Supplier on the Authority’s behalf for the purposes of this Contract are subject to the requirements obligations and commitments of the FOIA Authority under the FOIA, Codes of Practice and Environmental Regulations; that the decision on whether any exemption to the general obligations of public access to information applies to any request for information received under the FOIA, Codes of Practice and Environmental Regulations is a decision solely for the Authority; that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier itself is subject to the FOIA, Codes of Practice and Environmental Information Regulations and shall assist and co-operate it will liaise with the Authority and the Other Contracting Bodies to enable the Authority and Other Contracting Bodies to comply with their Information disclosure obligations in relation to this Framework Agreement and any Call Off Agreements. The Supplier shall: transfer as to the Authority and/or the relevant Other Contracting Bodies, as applicable, all Requests for Information that it receives as soon as practicable contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Working Days Business Days) provide a copy of receiving the request and any response to the Authority; that where the Supplier receives a Request request for Informationinformation 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 Authority) and will promptly (and in any event within two (2) Business Days) transfer the request to the Authority; that the Authority, acting in accordance with the Codes of Practice issued and revised from time to time under both section 45 of FOIA, and regulation 16 of the Environmental Regulations, may disclose information concerning the Supplier and this Contract; and provide to assist the Authority in responding to a request for information, by processing information or environmental information (as the same are defined in FOIA and the Environmental Regulations) in accordance with a records management system that complies with all necessary assistance reasonably applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority and/or the Other Contracting Body to enable the Authority and/or the Other Contracting Body to respond to the Request for Information within the time for compliance set out in section 10 five (5) Business Days of the FOIA or regulation 5 of the Environmental Information Regulationsthat request and without charge. The Authority shall be responsible Parties acknowledge that, except for determining in absolute its discretion and notwithstanding any other provision in this Framework Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information information which is exempt from disclosure in accordance with the provisions of the FOIA or FOIA, Codes of Practice and Environmental Regulations, the Environmental Information Regulations. In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by the Authority. The Supplier acknowledges that (notwithstanding the provisions content of this Clause FW-40.) the Authority may, acting in accordance with the Ministry of Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Supplier or the Services: in certain circumstances without consulting the Supplier; or following consultation with the Supplier and having taken its views into account; provided always that where Clause FW-40.5.1 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosureContract is not Confidential Information. The Supplier acknowledges that the description of information as Commercially Sensitive Information as notified to the Authority prior to the Commencement Date is of an indicative nature only and that the Authority and Other Contracting Body may be obliged to disclose the Commercially Sensitive Information in accordance with this Clause FW-40.. Subject to any information which is exempt from disclosure under the FOIA and notwithstanding Notwithstanding any other term of this Framework Agreement or the Call Off AgreementContract, the Supplier agrees consents to the publication of this Contract in its entirety (including variations), subject only to the redaction of information that is exempt from disclosure in accordance with the contents provisions of the Framework Agreement FOIA, Codes of Practice and Environmental Regulations. In preparing a copy of this Contract for publication under Clause 3.4 of this Schedule 3, the Call Off Agreement are not Confidential Information and Authority may consult with the Supplier hereby gives his consent for to inform decision making regarding any redactions but the final decision in relation to the redaction of information will be at the Authority’s absolute discretion. The Supplier shall assist and cooperate with the Authority to enable the Authority to publish this Framework Agreement and for Contract. Where any information is held by any subcontractor of the Contracting Body to publish Supplier in connection with this Contract, the Call Off Agreement Supplier shall procure that such subcontractor shall comply with the relevant obligations set out in their entirety including from time to time agreed changes to Clause 3 of this Framework Agreement and/or Schedule 3, as if such subcontractor were the Call Off Agreement, to the general publicSupplier.

Appears in 3 contracts

Samples: NHS Terms and Conditions, NHS Terms And, NHS Terms And

Freedom of Information and Transparency. The Supplier Parties acknowledge their respective duties under the FOIA and must give all reasonable assistance to each other where appropriate or necessary to comply with such duties. If the Provider is not a Public Authority, the Provider acknowledges that the Authority and Other Contracting Bodies are is subject to the requirements of the FOIA and the Environmental Information Regulations and shall will assist and co-operate with the Authority and the Other Contracting Bodies to enable the Authority and Other Contracting Bodies to comply with their Information its disclosure obligations in relation to under the FOIA. Accordingly the Provider agrees: that this Framework Agreement Contract and any Call Off Agreements. The Supplier shall: transfer other recorded information held by the Provider on the Authority’s behalf for the purposes of this Contract are subject to the obligations and commitments of the Authority and/or under the relevant Other Contracting BodiesFOIA; that the decision on whether any exemption to the general obligations of public access to information applies to any request for information received under the FOIA is a decision solely for the Authority; that if the Provider receives a request for information under the FOIA, as applicable, all Requests for Information that it receives as soon as practicable will not respond to such request (unless directed to do so by the Authority) and will promptly (and in any event within two (22 Business Days) Working Days of receiving a Request for Information; and provide all necessary assistance reasonably requested by transfer the Authority and/or the Other Contracting Body to enable the Authority and/or the Other Contracting Body to respond request to the Request for Information within Authority; that the Authority, acting in accordance with the codes of practice issued and revised from time for compliance set out in to time under both section 10 45 of the FOIA or FOIA, and regulation 5 16 of the Environmental Information RegulationsRegulations 2004, may disclose information concerning the Provider and this Contract either without consulting with the Provider, or following consultation with the Provider and having taken its views into account; and to assist the Authority in responding to a request for information, by processing information or environmental information (as the same are defined in the FOIA) in accordance with a records management system that complies with all applicable records management recommendations and codes of conduct issued under section 46 of the FOIA, and providing copies of all information requested by a Authority within 5 Business Days of such request and without charge. The Authority shall be responsible Parties acknowledge that, except for determining in absolute its discretion and notwithstanding any other provision in this Framework Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information information which is exempt from disclosure in accordance with the provisions of the FOIA or FOIA, the Environmental Information Regulations. In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by the Authority. The Supplier acknowledges that (notwithstanding the provisions content of this Clause FW-40.) Contract is not Confidential Information. Notwithstanding any other provision of this Contract, the Authority may, acting in accordance with the Ministry of Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Supplier or the Services: in certain circumstances without consulting the Supplier; or following consultation with the Supplier and having taken its views into account; provided always that where Clause FW-40.5.1 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure Provider hereby consents to the Supplier’s attention after any such disclosure. The Supplier acknowledges that the description of information as Commercially Sensitive Information as notified to the Authority prior to the Commencement Date is of an indicative nature only and that the Authority and Other Contracting Body may be obliged to disclose the Commercially Sensitive Information in accordance with this Clause FW-40.. Subject to any information which is exempt from disclosure under the FOIA and notwithstanding any other term publication of this Framework Agreement or the Call Off Agreement, the Supplier agrees that the contents of the Framework Agreement and the Call Off Agreement are not Confidential Information and the Supplier hereby gives his consent for the Authority to publish this Framework Agreement and for the Contracting Body to publish the Call Off Agreement Contract in their its entirety including from time to time agreed changes to this Framework Agreement and/or the Call Off Agreement, Contract subject to the general publicredaction of information that is exempt from disclosure in accordance with the provisions of the FOIA. In preparing a copy of this Contract for publication pursuant to clause B37.4. the Authority may consult with the Provider to inform its decision making regarding any redactions but the final decision in relation to the redaction of information shall be at the Authority’s absolute discretion. The Provider must assist and co-operate with the Authority to enable the Authority to publish this Contract. In order to comply with the Government’s policy on transparency in the areas of contracts and procurement the Authority will be disclosing information on its website in relation to monthly expenditure over £500 (five hundred pounds) in relation to this Contract. The information will include the Provider’s name and the monthly Charges paid. The Parties acknowledge that this information is not Confidential Information or commercially sensitive information. FORCE MAJEURE Where a Party is (or claims to be) affected by an event of Force Majeure, it must take all reasonable steps to mitigate the consequences of it, resume performance of its obligations under this Contract as soon as practicable and use its reasonable efforts to remedy its failure to perform its obligations under this Contract. THIRD PARTY RIGHTS No term of this Contract is intended to confer a benefit on, or to be enforceable by, any person who is not a party to this Contract.

Appears in 3 contracts

Samples: psnc.org.uk, psnc.org.uk, psnc.org.uk

Freedom of Information and Transparency. The Supplier Parties acknowledge their respective duties under the FOIA and must give all reasonable assistance to each other where appropriate or necessary to comply with such duties. If the Provider is not a Public Authority, the Provider acknowledges that the Authority and Other Contracting Bodies are Commissioned Service is subject to the requirements of the FOIA and the Environmental Information Regulations and shall will assist and co-operate with the Authority and the Other Contracting Bodies Commissioned Service to enable the Authority and Other Contracting Bodies Commissioned Service to comply with their Information its disclosure obligations in relation to under the FOIA. Accordingly, the Provider agrees: that this Framework Agreement Contract and any Call Off Agreements. The Supplier shall: transfer other recorded information held by the Provider on the Commissioned Service’s behalf for the purposes of this Contract are subject to the Authority and/or obligations and commitments of the relevant Other Contracting BodiesCommissioned Service under the FOIA; that the decision on whether any exemption to the general obligations of public access to information applies to any request for information received under the FOIA is a decision solely for the Commissioned Service; that if the Provider receives a request for information under the FOIA, as applicable, all Requests for Information that it receives as soon as practicable will not respond to such request (unless directed to do so by the Commissioned Service) and will promptly (and in any event within two (22 Business Days) Working Days of receiving a Request for Information; and provide all necessary assistance reasonably requested by transfer the Authority and/or the Other Contracting Body to enable the Authority and/or the Other Contracting Body to respond request to the Request for Information within Commissioned Service; that the Commissioned Service, acting in accordance with the codes of practice issued and revised from time for compliance set out in to time under both section 10 45 of the FOIA or FOIA, and regulation 5 16 of the Environmental Information RegulationsRegulations 2004, may disclose information concerning the Provider and this Contract either without consulting with the Provider, or following consultation with the Provider and having taken its views into account; and to assist the Commissioned Service in responding to a request for information, by processing information or environmental information (as the same are defined in the FOIA) in accordance with a records management system that complies with all applicable records management recommendations and codes of conduct issued under section 46 of the FOIA, and providing copies of all information requested by a Commissioned Service within 5 Business Days of such request and without charge. The Authority shall be responsible Parties acknowledge that, except for determining in absolute its discretion and notwithstanding any other provision in this Framework Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information information which is exempt from disclosure in accordance with the provisions of the FOIA or FOIA, the Environmental Information Regulations. In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by the Authority. The Supplier acknowledges that (notwithstanding the provisions content of this Clause FW-40.) Contract is not Confidential Information. Notwithstanding any other provision of this Contract, the Authority may, acting in accordance with the Ministry of Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Supplier or the Services: in certain circumstances without consulting the Supplier; or following consultation with the Supplier and having taken its views into account; provided always that where Clause FW-40.5.1 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure Provider hereby consents to the Supplier’s attention after any such disclosure. The Supplier acknowledges that the description of information as Commercially Sensitive Information as notified to the Authority prior to the Commencement Date is of an indicative nature only and that the Authority and Other Contracting Body may be obliged to disclose the Commercially Sensitive Information in accordance with this Clause FW-40.. Subject to any information which is exempt from disclosure under the FOIA and notwithstanding any other term publication of this Framework Agreement or the Call Off Agreement, the Supplier agrees that the contents of the Framework Agreement and the Call Off Agreement are not Confidential Information and the Supplier hereby gives his consent for the Authority to publish this Framework Agreement and for the Contracting Body to publish the Call Off Agreement Contract in their its entirety including from time to time agreed changes to this Framework Agreement and/or the Call Off Agreement, Contract subject to the general publicredaction of information that is exempt from disclosure in accordance with the provisions of the FOIA. In preparing a copy of this Contract for publication pursuant to clause B37.4. the Commissioned Service may consult with the Provider to inform its decision making regarding any redactions but the final decision in relation to the redaction of information shall be at the Commissioned Service’s absolute discretion. The Provider must assist and co-operate with the Commissioned Service to enable the Commissioned Service to publish this Contract.

Appears in 2 contracts

Samples: psnc.org.uk, psnc.org.uk

Freedom of Information and Transparency. The Supplier Parties acknowledge their respective duties under the FOIA and shall give all reasonable assistance to each other where appropriate or necessary to comply with such duties. If the Company is not a public authority, the Company acknowledges that the Authority and Other Contracting Bodies are EFDC is subject to the requirements of the FOIA and the Environmental Information Regulations and shall will assist and co-operate with the Authority and the Other Contracting Bodies EFDC to enable the Authority and Other Contracting Bodies it to comply with their Information its disclosure obligations in relation to under the FOIA. Accordingly the Company agrees: that this Framework Agreement and any Call Off Agreements. The Supplier shall: transfer other recorded information held by the Company on EFDC’s behalf for the purposes of this Agreement are subject to the Authority and/or obligations and commitments of EFDC under the relevant Other Contracting BodiesFOIA; that the decision on whether any exemption to the general obligations of public access to information applies to any request for information received under the FOIA is a decision solely for EFDC; that if the Company receives a request for information under the FOIA, as applicable, all Requests for Information that it receives as soon as practicable will not respond to such request (unless directed to do so by EFDC) and will promptly (and in any event within two (22 working days) Working Days transfer the request to EFDC; that EFDC, acting in accordance with the codes of receiving a Request for Information; practice issued and provide all necessary assistance reasonably requested by the Authority and/or the Other Contracting Body revised from time to enable the Authority and/or the Other Contracting Body to respond to the Request for Information within the time for compliance set out in under both section 10 45 of the FOIA or FOIA, and regulation 5 16 of the Environmental Information RegulationsRegulations 2004, may disclose information concerning the Company and this Agreement without consulting with the Company, or following consultation with the Company and having taken its views into account; and to assist EFDC in responding to a request for information, by processing information or environmental information (as the same are defined in the FOIA) in accordance with a records management system that complies with all applicable records management recommendations and codes of conduct issued under section 46 of the FOIA, and providing copies of all information requested by an authority within 5 working days of such request and without charge. The Authority shall be responsible Parties acknowledge that, except for determining in absolute its discretion and notwithstanding any other provision in this Framework Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information information which is exempt from disclosure in accordance with the provisions of the FOIA or FOIA, the Environmental Information Regulations. In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by the Authority. The Supplier acknowledges that (notwithstanding the provisions content of this Clause FW-40.) the Authority may, acting in accordance with the Ministry of Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Supplier or the Services: in certain circumstances without consulting the Supplier; or following consultation with the Supplier and having taken its views into account; provided always that where Clause FW-40.5.1 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosureAgreement is not Confidential Information. The Supplier acknowledges that the description of information as Commercially Sensitive Information as notified to the Authority prior to the Commencement Date is of an indicative nature only and that the Authority and Other Contracting Body may be obliged to disclose the Commercially Sensitive Information in accordance with this Clause FW-40.. Subject to any information which is exempt from disclosure under the FOIA and notwithstanding Notwithstanding any other term provision of this Framework Agreement or the Call Off Agreement, the Supplier agrees that Company hereby consents to the contents publication of the Framework Agreement and the Call Off Agreement are not Confidential Information and the Supplier hereby gives his consent for the Authority to publish this Framework Agreement and for the Contracting Body to publish the Call Off Agreement in their its entirety including from time to time agreed changes to this Framework Agreement and/or the Call Off Agreement, subject to the general publicredaction of information that is exempt from disclosure in accordance with the provisions of the FOIA. In preparing a copy of this Agreement for publication pursuant to clause 16.4 EFDC may consult with the Company to inform its decision making regarding any redactions but the final decision in relation to the redaction of information shall be at EFDC’s absolute discretion. The Company shall assist and co-operate with EFDC to enable EFDC to publish this Agreement. The Company shall comply with any requirements (including compliance with any appropriate information assurance scheme and the Computer Misuse Act 1990) in relation to its security policies, procedures and control of Confidential Information, Personal Data and Special Categories of Data. The Company shall be responsible for any costs associated with compliance with the provisions of this clause 16. The Company shall indemnify EFDC and shall keep EFDC indemnified against Losses and Indirect Losses suffered or incurred by EFDC as a result of any breach of this clause 16. The Parties acknowledge that damages may not be an adequate remedy for any breach of this clause 16 and in addition to any right to damages EFDC shall be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of this clause 16. This clause 16 shall not limit the Public Xxxxxxxx Xxxxxxxxxx Xxx 0000 in any way whatsoever.

Appears in 2 contracts

Samples: Shareholders' Agreement, Shareholders' Agreement

Freedom of Information and Transparency. The Supplier Parties acknowledge their respective duties under the FOIA and must give all reasonable assistance to each other where appropriate or necessary to comply with such duties. If the Provider is not a Public Authority, the Provider acknowledges that the Authority and Other Contracting Bodies are is subject to the requirements of the FOIA and the Environmental Information Regulations and shall will assist and co-operate with the Authority and the Other Contracting Bodies to enable the Authority and Other Contracting Bodies to comply with their Information its disclosure obligations in relation to under the FOIA. Accordingly the Provider agrees: that this Framework Agreement Contract and any Call Off Agreements. The Supplier shall: transfer other recorded information held by the Provider on the Authority’s behalf for the purposes of this Contract are subject to the obligations and commitments of the Authority and/or under the relevant Other Contracting BodiesFOIA; that the decision on whether any exemption to the general obligations of public access to information applies to any request for information received under the FOIA is a decision solely for the Authority; that if the Provider receives a request for information under the FOIA, as applicable, all Requests for Information that it receives as soon as practicable will not respond to such request (unless directed to do so by the Authority) and will promptly (and in any event within two (22 Business Days) Working Days of receiving a Request for Information; and provide all necessary assistance reasonably requested by transfer the Authority and/or the Other Contracting Body to enable the Authority and/or the Other Contracting Body to respond request to the Request for Information within Authority; that the Authority, acting in accordance with the codes of practice issued and revised from time for compliance set out in to time under both section 10 45 of the FOIA or FOIA, and regulation 5 16 of the Environmental Information RegulationsRegulations 2004, may disclose information concerning the Provider and this Contract either without consulting with the Provider, or following consultation with the Provider and having taken its views into account; and to assist the Authority in responding to a request for information, by processing information or environmental information (as the same are defined in the FOIA) in accordance with a records management system that complies with all applicable records management recommendations and codes of conduct issued under section 46 of the FOIA, and providing copies of all information requested by a Authority within 5 Business Days of such request and without charge. The Authority shall be responsible Parties acknowledge that, except for determining in absolute its discretion and notwithstanding any other provision in this Framework Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information information which is exempt from disclosure in accordance with the provisions of the FOIA or FOIA, the Environmental Information Regulations. In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by the Authority. The Supplier acknowledges that (notwithstanding the provisions content of this Clause FW-40.) Contract is not Confidential Information. Notwithstanding any other provision of this Contract, the Authority may, acting in accordance with the Ministry of Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Supplier or the Services: in certain circumstances without consulting the Supplier; or following consultation with the Supplier and having taken its views into account; provided always that where Clause FW-40.5.1 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure Provider hereby consents to the Supplier’s attention after any such disclosure. The Supplier acknowledges that the description of information as Commercially Sensitive Information as notified to the Authority prior to the Commencement Date is of an indicative nature only and that the Authority and Other Contracting Body may be obliged to disclose the Commercially Sensitive Information in accordance with this Clause FW-40.. Subject to any information which is exempt from disclosure under the FOIA and notwithstanding any other term publication of this Framework Agreement or the Call Off Agreement, the Supplier agrees that the contents of the Framework Agreement and the Call Off Agreement are not Confidential Information and the Supplier hereby gives his consent for the Authority to publish this Framework Agreement and for the Contracting Body to publish the Call Off Agreement Contract in their its entirety including from time to time agreed changes to this Framework Agreement and/or the Call Off Agreement, Contract subject to the general publicredaction of information that is exempt from disclosure in accordance with the provisions of the FOIA. In preparing a copy of this Contract for publication pursuant to clause B38.4. the Authority may consult with the Provider to inform its decision making regarding any redactions but the final decision in relation to the redaction of information shall be at the Authority’s absolute discretion. The Provider must assist and co-operate with the Authority to enable the Authority to publish this Contract. In order to comply with the Government’s policy on transparency in the areas of contracts and procurement the Authority will be disclosing information on its website in relation to monthly expenditure over £500 (five hundred pounds) in relation to this Contract. The information will include the Provider’s name and the monthly Charges paid. The Parties acknowledge that this information is not Confidential Information or commercially sensitive information. PROHIBITED ACTS Neither Party shall do any of the following: offer, give, or agree to give the other Party (or any of its officers, employees or agents) any gift or consideration of any kind as an inducement or reward for doing or not doing or for having done or not having done any act in relation to the obtaining of performance of this Contract or any other contract with the other Party, or for showing or not showing favour or disfavour to any person in relation to this Contract or any other contract with the other Party; and in connection with this Contract, pay or agree to pay any commission, other than a payment, particulars of which (including the terms and conditions of the agreement for its payment) have been disclosed in writing to the other Party, (together “Prohibited Acts”). If either Party or its employees or agents (or anyone acting on its or their behalf) commits any Prohibited Act or commits any offence under the Bribery Act 2010 with or without the knowledge of the other Party in relation to this Contract, the non-defaulting Party shall be entitled: to exercise its right to terminate under clause B32.2. (Termination) and to recover from the defaulting Party the amount of any loss resulting from the termination; and to recover from the defaulting Party the amount or value of any gift, consideration or commission concerned; and to recover from the defaulting Party any loss or expense sustained in consequence of the carrying out of the Prohibited Act or the commission of the offence. Each Party must provide the other Party upon written request with all reasonable assistance to enable that Party to perform any activity required for the purposes of complying with the Bribery Act 2010. Should either Party request such assistance the Party requesting assistance must pay the reasonable expenses of the other Party arising as a result of such request. The Provider must have in place an anti-bribery policy for the purposes of preventing any of its Staff from committing a prohibited act under the Bribery Act 2010. Such policy must be disclosed to the Authority within 5 Business Days of the Authority requesting it and enforced by the Provider where applicable. Should the Provider become aware of or suspect any breach of this clause B39., it will notify the Authority immediately. Following such notification, the Provider must respond promptly and fully to any enquiries of the Authority, co-operate with any investigation undertaken by the Authority and allow the Authority to audit any books, records and other relevant documentation.

Appears in 2 contracts

Samples: Public Health Services Contract, psnc.org.uk

Freedom of Information and Transparency. The Parties acknowledge the duties of Contracting Authorities under the FOIA, Codes of Practice and Environmental Regulations and shall give each other all reasonable assistance as appropriate or necessary to enable compliance with those duties. The Supplier acknowledges that shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and Other Contracting Bodies Environmental Regulations. The Supplier agrees: that this Contract and any recorded information held by the Supplier on the Authority’s behalf for the purposes of this Contract are subject to the requirements obligations and commitments of the FOIA Authority under the FOIA, Codes of Practice and Environmental Regulations; that the decision on whether any exemption to the general obligations of public access to information applies to any request for information received under the FOIA, Codes of Practice and Environmental Regulations is a decision solely for the Authority; that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier itself is subject to the FOIA, Codes of Practice and Environmental Information Regulations and shall assist and co-operate it will liaise with the Authority and the Other Contracting Bodies to enable the Authority and Other Contracting Bodies to comply with their Information disclosure obligations in relation to this Framework Agreement and any Call Off Agreements. The Supplier shall: transfer as to the Authority and/or the relevant Other Contracting Bodies, as applicable, all Requests for Information that it receives as soon as practicable contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Working Days Business Days) provide a copy of receiving the request and any response to the Authority; that where the Supplier receives a Request request for Informationinformation 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 Authority) and will promptly (and in any event within two (2) Business Days) transfer the request to the Authority; that the Authority, acting in accordance with the Codes of Practice issued and revised from time to time under both section 45 of FOIA, and regulation 16 of the Environmental Regulations, may disclose information concerning the Supplier and this Contract; and provide to assist the Authority in responding to a request for information, by processing information or environmental information (as the same are defined in FOIA and the Environmental Regulations) in accordance with a records management system that complies with all necessary assistance reasonably applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority and/or the Other Contracting Body to enable the Authority and/or the Other Contracting Body to respond to the Request for Information within the time for compliance set out in section 10 five (5) Business Days of the FOIA or regulation 5 of the Environmental Information Regulationsthat request and without charge. The Authority shall be responsible Parties acknowledge that, except for determining in absolute its discretion and notwithstanding any other provision in this Framework Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information information which is exempt from disclosure in accordance with the provisions of the FOIA or FOIA, Codes of Practice and Environmental Regulations, the Environmental Information Regulations. In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by the Authority. The Supplier acknowledges that (notwithstanding the provisions content of this Clause FW-40.) the Authority may, acting in accordance with the Ministry of Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Supplier or the Services: in certain circumstances without consulting the Supplier; or following consultation with the Supplier and having taken its views into account; provided always that where Clause FW-40.5.1 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosureContract is not Confidential Information. The Supplier acknowledges that the description of information as Commercially Sensitive Information as notified to the Authority prior to the Commencement Date is of an indicative nature only and that the Authority and Other Contracting Body may be obliged to disclose the Commercially Sensitive Information in accordance with this Clause FW-40.. Subject to any information which is exempt from disclosure under the FOIA and notwithstanding Notwithstanding any other term of this Framework Agreement or the Call Off AgreementContract, the Supplier agrees consents to the publication of this Contract in its entirety (including variations), subject only to the redaction of information that is exempt from disclosure in accordance with the contents provisions of the Framework Agreement FOIA, Codes of Practice and Environmental Regulations. In preparing a copy of this Contract for publication under Clause 84.4 of this Schedule 12 of these Call-off Terms and Conditions, the Call Off Agreement are not Confidential Information and Authority may consult with the Supplier hereby gives his consent for to inform decision making regarding any redactions but the final decision in relation to the redaction of information will be at the Authority’s absolute discretion. The Supplier shall assist and cooperate with the Authority to enable the Authority to publish this Framework Agreement Contract. Where any information is held by any Sub-contractor of the Supplier in connection with this Contract, the Supplier shall procure that such Sub-contractor shall comply with the relevant obligations set out in Clause 84 of this Schedule 12 of these Call-off Terms and for Conditions, as if such Sub-contractor were the Contracting Body to publish the Call Off Agreement in their entirety including from time to time agreed changes to this Framework Agreement and/or the Call Off Agreement, to the general publicSupplier.

Appears in 1 contract

Samples: Framework Agreement

Freedom of Information and Transparency. The Supplier acknowledges that Parties acknowledge the Authority duties of Contracting Authorities under the FOIA, Codes of Practice and Other Contracting Bodies are subject to the requirements of the FOIA and the Environmental Information Regulations and shall give each other all reasonable assistance as appropriate or necessary to enable compliance with those duties. The Supplier shall assist and co-operate cooperate with the Authority and the Other Contracting Bodies to enable the Authority and Other Contracting Bodies it to comply with their Information its disclosure obligations in relation to under the FOIA, Codes of Practice and Environmental Regulations. The Supplier agrees: that this Framework Agreement and any Call Off Agreements. The recorded information held by the Supplier shall: transfer on the Authority’s behalf for the purposes of this Framework Agreement are subject to the obligations and commitments of the Authority and/or under the relevant Other Contracting BodiesFOIA, Codes of Practice and Environmental Regulations; that the decision on whether any exemption to the general obligations of public access to information applies to any request for information received under the FOIA, Codes of Practice and Environmental Regulations is a decision solely for the Authority; that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier itself is subject to the FOIA, Codes of Practice and Environmental Regulations it will liaise with the Authority as applicable, all Requests for Information that it receives as soon as practicable to the contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Working Days Business Days) provide a copy of receiving the request and any response to the Authority; that where the Supplier receives a Request request for Informationinformation 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 Authority) and will promptly (and in any event within two (2) Business Days) transfer the request to the Authority; that the Authority, acting in accordance with the Codes of Practice issued and revised from time to time under both section 45 of FOIA, and regulation 16 of the Environmental Regulations, may disclose information concerning the Supplier and this Framework Agreement; and provide to assist the Authority in responding to a request for information, by processing information or environmental information (as the same are defined in FOIA and the Environmental Regulations) in accordance with a records management system that complies with all necessary assistance reasonably applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority and/or the Other Contracting Body to enable the Authority and/or the Other Contracting Body to respond to the Request for Information within the time for compliance set out in section 10 five (5) Business Days of the FOIA or regulation 5 of the Environmental Information Regulationsthat request and without charge. The Authority shall be responsible Parties acknowledge that, except for determining in absolute its discretion and notwithstanding any other provision in this Framework Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information information which is exempt from disclosure in accordance with the provisions of the FOIA or FOIA, Codes of Practice and Environmental Regulations, the Environmental Information Regulations. In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by the Authority. The Supplier acknowledges that (notwithstanding the provisions content of this Clause FW-40.) the Authority may, acting in accordance with the Ministry of Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Supplier or the Services: in certain circumstances without consulting the Supplier; or following consultation with the Supplier and having taken its views into account; provided always that where Clause FW-40.5.1 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosureFramework Agreement is not Confidential Information. The Supplier acknowledges that the description of information as Commercially Sensitive Information as notified to the Authority prior to the Commencement Date is of an indicative nature only and that the Authority and Other Contracting Body may be obliged to disclose the Commercially Sensitive Information in accordance with this Clause FW-40.. Subject to any information which is exempt from disclosure under the FOIA and notwithstanding Notwithstanding any other term of this Framework Agreement or the Call Off Agreement, the Supplier agrees consents to the publication of this Framework Agreement in its entirety (including variations), subject only to the redaction of information that is exempt from disclosure in accordance with the contents provisions of the FOIA, Codes of Practice and Environmental Regulations. In preparing a copy of this Framework Agreement and for publication under Clause 45.4 of this Schedule 3, the Call Off Agreement are not Confidential Information and Authority may consult with the Supplier hereby gives his consent for to inform decision making regarding any redactions but the final decision in relation to the redaction of information will be at the Authority’s absolute discretion. The Supplier shall assist and cooperate with the Authority to enable the Authority to publish this Framework Agreement and for Agreement. Where any information is held by any Sub-contractor of the Contracting Body to publish the Call Off Agreement Supplier in their entirety including from time to time agreed changes to connection with this Framework Agreement and/or the Call Off Agreement, to the general publicSupplier shall procure that such Sub-contractor shall comply with the relevant obligations set out in Clause 45 of this Schedule 3, as if such Sub-contractor were the Supplier.

Appears in 1 contract

Samples: Disclaimer

Freedom of Information and Transparency. The Parties acknowledge the duties of Contracting Authorities under the FOIA, Codes of Practice and Environmental Regulations and shall give each other all reasonable assistance as appropriate or necessary to enable compliance with those duties. The Supplier acknowledges that shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and Other Contracting Bodies Environmental Regulations. The Supplier agrees: that this Contract and any recorded information held by the Supplier on the Authority’s behalf for the purposes of this Contract are subject to the requirements obligations and commitments of the FOIA Authority under the FOIA, Codes of Practice and Environmental Regulations; that the decision on whether any exemption to the general obligations of public access to information applies to any request for information received under the FOIA, Codes of Practice and Environmental Regulations is a decision solely for the Authority; that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier itself is subject to the FOIA, Codes of Practice and Environmental Information Regulations and shall assist and co-operate it will liaise with the Authority and the Other Contracting Bodies to enable the Authority and Other Contracting Bodies to comply with their Information disclosure obligations in relation to this Framework Agreement and any Call Off Agreements. The Supplier shall: transfer as to the Authority and/or the relevant Other Contracting Bodies, as applicable, all Requests for Information that it receives as soon as practicable contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Working Days Business Days) provide a copy of receiving the request and any response to the Authority; that where the Supplier receives a Request request for Informationinformation 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 Authority) and will promptly (and in any event within two (2) Business Days) transfer the request to the Authority; that the Authority, acting in accordance with the Codes of Practice issued and revised from time to time under both section 45 of FOIA, and regulation 16 of the Environmental Regulations, may disclose information concerning the Supplier and this Contract; and provide to assist the Authority in responding to a request for information, by processing information or environmental information (as the same are defined in FOIA and the Environmental Regulations) in accordance with a records management system that complies with all necessary assistance reasonably applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority and/or the Other Contracting Body to enable the Authority and/or the Other Contracting Body to respond to the Request for Information within the time for compliance set out in section 10 five (5) Business Days of the FOIA or regulation 5 of the Environmental Information Regulationsthat request and without charge. The Authority shall be responsible Parties acknowledge that, except for determining in absolute its discretion and notwithstanding any other provision in this Framework Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information information which is exempt from disclosure in accordance with the provisions of the FOIA or FOIA, Codes of Practice and Environmental Regulations, the Environmental Information Regulations. In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by the Authority. The Supplier acknowledges that (notwithstanding the provisions content of this Clause FW-40.) the Authority may, acting in accordance with the Ministry of Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Supplier or the Services: in certain circumstances without consulting the Supplier; or following consultation with the Supplier and having taken its views into account; provided always that where Clause FW-40.5.1 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosureContract is not Confidential Information. The Supplier acknowledges that the description of information as Commercially Sensitive Information as notified to the Authority prior to the Commencement Date is of an indicative nature only and that the Authority and Other Contracting Body may be obliged to disclose the Commercially Sensitive Information in accordance with this Clause FW-40.. Subject to any information which is exempt from disclosure under the FOIA and notwithstanding Notwithstanding any other term of this Framework Agreement or the Call Off AgreementContract, the Supplier agrees consents to the publication of this Contract in its entirety (including variations), subject only to the redaction of information that is exempt from disclosure in accordance with the contents provisions of the Framework Agreement FOIA, Codes of Practice and Environmental Regulations. In preparing a copy of this Contract for publication under Xxxxxx 1910 of this Schedule 14 of these Call-off Terms and Conditions, the Call Off Agreement are not Confidential Information and Authority may consult with the Supplier hereby gives his consent for to inform decision making regarding any redactions but the final decision in relation to the redaction of information will be at the Authority’s absolute discretion. The Supplier shall assist and cooperate with the Authority to enable the Authority to publish this Framework Agreement Contract. Where any information is held by any subcontractor of the Supplier in connection with this Contract, the Supplier shall procure that such subcontractor shall comply with the relevant obligations set out in Clause 7 of this Schedule 14 of these Call-off Terms and for Conditions, as if such subcontractor were the Contracting Body to publish the Call Off Agreement in their entirety including from time to time agreed changes to this Framework Agreement and/or the Call Off Agreement, to the general publicSupplier.

Appears in 1 contract

Samples: Framework Agreement

Freedom of Information and Transparency. The Supplier acknowledges that the Authority and Other Contracting Bodies are subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and co-operate with the Authority and the Other Contracting Bodies to enable the Authority and Other Contracting Bodies to comply with their Information disclosure obligations in relation to this Framework Agreement and any Call Call-Off Agreements. The Supplier shall: transfer to the Authority and/or the relevant Other Contracting BodiesBody, as applicable, all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; and provide all necessary assistance reasonably requested by the Authority and/or the Other Contracting Body to enable the Authority and/or the Other Contracting Body to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Authority and the Other Contracting Body shall be responsible for determining in their absolute its discretion and notwithstanding any other provision in this Framework Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by the AuthorityAuthority and/or the Other Contracting Body (as applicable). The Supplier acknowledges that (notwithstanding the provisions of this Clause FW-40FW-44.) the Authority and the Other Contracting Body may, acting in accordance with the Ministry of Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Supplier or the Digital Services: in certain circumstances without consulting the Supplier; or following consultation with the Supplier and having taken its views into account; provided always that where Clause FW-40.5.1 FW-44.5.1 applies the Authority and the Other Contracting Body shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosure. The Supplier acknowledges that the description of information as Commercially Sensitive Information as notified to the Authority prior to the Commencement Date or notified to any Other Contracting Body prior to its Call-Off Agreement Commencement Date, is of an indicative nature only and that the Authority and Other Contracting Body may be obliged to disclose the Commercially Sensitive Information in accordance with this Clause FW-40FW-44.. Subject to any information which is exempt from disclosure under the FOIA and notwithstanding any other term of this Framework Agreement or the Call Call-Off Agreement, the Supplier agrees that the contents of the Framework Agreement and the Call Call-Off Agreement are not Confidential Information and the Supplier hereby gives his its consent for the Authority to publish this Framework Agreement and for the Contracting Body Customer to publish the Call Call-Off Agreement in their entirety including from time to time agreed changes to this Framework Agreement and/or the Call Call-Off Agreement, to the general public. CONFIDENTIALITY Except to the extent set out in this Clause or where disclosure is expressly permitted elsewhere in this Framework Agreement, each Party shall: treat all the other Party’s Confidential Information as confidential and safeguard it accordingly; and not disclose the other Party’s Confidential Information to any other person without the prior written consent of the other Party. The Supplier shall ensure that the Supplier Staff are aware of the Supplier’s confidentiality obligations under this Framework Agreement and shall use its best endeavours to ensure that the Supplier Staff comply with the Supplier’s confidentiality obligations under this Framework Agreement and in relation to the Call-Off Agreements. The provisions of Clauses FW-45.1 to Clause FW-45.2 shall not apply to any Confidential Information received by one Party from the other which: is or becomes public knowledge (otherwise than by breach of this Clause FW-45.); was in the possession of the receiving Party, without restriction as to its disclosure, before receiving it from the disclosing Party; is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure; is information independently developed without access to the Confidential Information; must be disclosed pursuant to a statutory, legal or parliamentary obligation placed upon the Party making the disclosure. is used for the purpose of obtaining professional advice. Nothing in this Framework Agreement shall prevent the Authority or a Contracting Body from disclosing the Supplier’s Confidential Information (including the Management Information obtained under Clause FW-22.): to any Central Government Contracting Body or Other Contracting Body on the basis that the information may only be further disclosed to Central Government Contracting Bodies or Other Contracting Bodies; to the British Parliament and any committees of the British Parliament or if required by any British Parliamentary reporting requirement; to the extent that the Authority (acting reasonably) deems disclosure necessary or appropriate in the course of carrying out its public functions; on a confidential basis to a professional adviser, consultant, supplier or other person engaged by any of the entities described in FW-45.4.1 (including any benchmarking organisation) for any purpose relating to or connected with this Framework Agreement;

Appears in 1 contract

Samples: Framework Agreement

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Freedom of Information and Transparency. The Parties acknowledge the duties of Contracting Authorities under the FOIA, Codes of Practice and Environmental Regulations and shall give each other all reasonable assistance as appropriate or necessary to enable compliance with those duties. The Supplier acknowledges that shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and Other Contracting Bodies Environmental Regulations. The Supplier agrees: that this Contract and any recorded information held by the Supplier on the Authority’s behalf for the purposes of this Contract are subject to the requirements obligations and commitments of the FOIA Authority under the FOIA, Codes of Practice and Environmental Regulations; that the decision on whether any exemption to the general obligations of public access to information applies to any request for information received under the FOIA, Codes of Practice and Environmental Regulations is a decision solely for the Authority; that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier itself is subject to the FOIA, Codes of Practice and Environmental Information Regulations and shall assist and co-operate it will liaise with the Authority and the Other Contracting Bodies to enable the Authority and Other Contracting Bodies to comply with their Information disclosure obligations in relation to this Framework Agreement and any Call Off Agreements. The Supplier shall: transfer as to the Authority and/or the relevant Other Contracting Bodies, as applicable, all Requests for Information that it receives as soon as practicable contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Working Days Business Days) provide a copy of receiving the request and any response to the Authority; that where the Supplier receives a Request request for Informationinformation 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 Authority) and will promptly (and in any event within two (2) Business Days) transfer the request to the Authority; that the Authority, acting in accordance with the Codes of Practice issued and revised from time to time under both section 45 of FOIA, and regulation 16 of the Environmental Regulations, may disclose information concerning the Supplier and this Contract; and provide to assist the Authority in responding to a request for information, by processing information or environmental information (as the same are defined in FOIA and the Environmental Regulations) in accordance with a records management system that complies with all necessary assistance reasonably applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority and/or the Other Contracting Body to enable the Authority and/or the Other Contracting Body to respond to the Request for Information within the time for compliance set out in section 10 five (5) Business Days of the FOIA or regulation 5 of the Environmental Information Regulationsthat request and without charge. The Authority shall be responsible Parties acknowledge that, except for determining in absolute its discretion and notwithstanding any other provision in this Framework Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information information which is exempt from disclosure in accordance with the provisions of the FOIA or FOIA, Codes of Practice and Environmental Regulations, the Environmental Information Regulations. In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by the Authority. The Supplier acknowledges that (notwithstanding the provisions content of this Clause FW-40.) the Authority may, acting in accordance with the Ministry of Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Supplier or the Services: in certain circumstances without consulting the Supplier; or following consultation with the Supplier and having taken its views into account; provided always that where Clause FW-40.5.1 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosureContract is not Confidential Information. The Supplier acknowledges that the description of information as Commercially Sensitive Information as notified to the Authority prior to the Commencement Date is of an indicative nature only and that the Authority and Other Contracting Body may be obliged to disclose the Commercially Sensitive Information in accordance with this Clause FW-40.. Subject to any information which is exempt from disclosure under the FOIA and notwithstanding Notwithstanding any other term of this Framework Agreement or the Call Off AgreementContract, the Supplier agrees consents to the publication of this Contract in its entirety (including variations), subject only to the redaction of information that is exempt from disclosure in accordance with the contents provisions of the Framework Agreement FOIA, Codes of Practice and Environmental Regulations. In preparing a copy of this Contract for publication under Clause 4.4 of this Schedule 3, the Call Off Agreement are not Confidential Information and Authority may consult with the Supplier hereby gives his consent for to inform decision making regarding any redactions but the final decision in relation to the redaction of information will be at the Authority’s absolute discretion. The Supplier shall assist and cooperate with the Authority to enable the Authority to publish this Framework Agreement Contract. Where any information is held by any Sub-contractor of the Supplier in connection with this Contract, the Supplier shall procure that such Sub-contractor shall comply with the relevant obligations set out in Clause 3 of this Schedule 3, as if such Sub-contractor were the Supplier. Information Security Without limitation to any other information governance requirements set out in this Schedule 3, the Supplier shall: notify the Authority forthwith of any information security breaches or near misses (including without limitation any potential or actual breaches of confidentiality or actual information security breaches) in line with the Authority’s information governance Policies; and for fully cooperate with any audits or investigations relating to information security and any privacy impact assessments undertaken by the Contracting Body Authority and shall provide full information as may be reasonably requested by the Authority in relation to publish such audits, investigations and assessments. Where required in accordance with the Call Off Agreement Specification and Tender Response Document, the Supplier will ensure that it puts in their entirety including from time to time agreed changes place and maintains an information security management plan appropriate to this Framework Agreement Contract, the type of Services being provided and the obligations placed on the Supplier. The Supplier shall ensure that such plan is consistent with any relevant Policies, Guidance, Good Industry Practice and with any relevant quality standards as may be set out in the Key Provisions and/or the Call Off AgreementSpecification and Tender Response Document. Where required in accordance with the Specification and Tender Response Document, to the general publicSupplier shall obtain and maintain certification under the HM Government Cyber Essentials Scheme at the level set out in the Specification and Tender Response Document. .

Appears in 1 contract

Samples: NHS Terms

Freedom of Information and Transparency. The Parties acknowledge the duties of Contracting Authorities under the FOIA, Codes of Practice and Environmental Regulations and shall give each other all reasonable assistance as appropriate or necessary to enable compliance with those duties. The Supplier acknowledges that shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and Other Contracting Bodies Environmental Regulations. The Supplier agrees: that this Contract and any recorded information held by the Supplier on the Authority’s behalf for the purposes of this Contract are subject to the requirements obligations and commitments of the FOIA Authority under the FOIA, Codes of Practice and Environmental Regulations; that the decision on whether any exemption to the general obligations of public access to information applies to any request for information received under the FOIA, Codes of Practice and Environmental Regulations is a decision solely for the Authority; that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier itself is subject to the FOIA, Codes of Practice and Environmental Information Regulations and shall assist and co-operate it will liaise with the Authority and the Other Contracting Bodies to enable the Authority and Other Contracting Bodies to comply with their Information disclosure obligations in relation to this Framework Agreement and any Call Off Agreements. The Supplier shall: transfer as to the Authority and/or the relevant Other Contracting Bodies, as applicable, all Requests for Information that it receives as soon as practicable contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Working Days Business Days) provide a copy of receiving the request and any response to the Authority; that where the Supplier receives a Request request for Informationinformation 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 Authority) and will promptly (and in any event within two (2) Business Days) transfer the request to the Authority; that the Authority, acting in accordance with the Codes of Practice issued and revised from time to time under both section 45 of FOIA, and regulation 16 of the Environmental Regulations, may disclose information concerning the Supplier and this Contract; and provide to assist the Authority in responding to a request for information, by processing information or environmental information (as the same are defined in FOIA and the Environmental Regulations) in accordance with a records management system that complies with all necessary assistance reasonably applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority and/or the Other Contracting Body to enable the Authority and/or the Other Contracting Body to respond to the Request for Information within the time for compliance set out in section 10 five (5) Business Days of the FOIA or regulation 5 of the Environmental Information Regulationsthat request and without charge. The Authority shall be responsible Parties acknowledge that, except for determining in absolute its discretion and notwithstanding any other provision in this Framework Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information information which is exempt from disclosure in accordance with the provisions of the FOIA or FOIA, Codes of Practice and Environmental Regulations, the Environmental Information Regulations. In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by the Authority. The Supplier acknowledges that (notwithstanding the provisions content of this Clause FW-40.) the Authority may, acting in accordance with the Ministry of Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Supplier or the Services: in certain circumstances without consulting the Supplier; or following consultation with the Supplier and having taken its views into account; provided always that where Clause FW-40.5.1 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosureContract is not Confidential Information. The Supplier acknowledges that the description of information as Commercially Sensitive Information as notified to the Authority prior to the Commencement Date is of an indicative nature only and that the Authority and Other Contracting Body may be obliged to disclose the Commercially Sensitive Information in accordance with this Clause FW-40.. Subject to any information which is exempt from disclosure under the FOIA and notwithstanding Notwithstanding any other term of this Framework Agreement or the Call Off AgreementContract, the Supplier agrees consents to the publication of this Contract in its entirety (including variations), subject only to the redaction of information that is exempt from disclosure in accordance with the contents provisions of the Framework Agreement FOIA, Codes of Practice and Environmental Regulations. In preparing a copy of this Contract for publication under Clause 32.4 of this Schedule 3, the Call Off Agreement are not Confidential Information and Authority may consult with the Supplier hereby gives his consent for to inform decision making regarding any redactions but the final decision in relation to the redaction of information will be at the Authority’s absolute discretion. The Supplier shall assist and cooperate with the Authority to enable the Authority to publish this Framework Agreement and for Contract. Where any information is held by any subcontractor of the Contracting Body to publish Supplier in connection with this Contract, the Call Off Agreement Supplier shall procure that such subcontractor shall comply with the relevant obligations set out in their entirety including from time to time agreed changes to Clause 3 of this Framework Agreement and/or Schedule 3, as if such subcontractor were the Call Off Agreement, to the general publicSupplier.

Appears in 1 contract

Samples: NHS Terms And

Freedom of Information and Transparency. The Parties acknowledge the duties of Contracting Authorities under the FOIA, Codes of Practice and Environmental Regulations and shall give each other all reasonable assistance as appropriate or necessary to enable compliance with those duties. The Supplier acknowledges that shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and Other Contracting Bodies Environmental Regulations. The Supplier agrees: that an MIA Call-Off Agreement and any recorded information held by the Supplier on the Authority’s behalf for the purposes of the MIA Call-Off Agreement are subject to the requirements obligations and commitments of the FOIA Authority under the FOIA, Codes of Practice and Environmental Regulations; that the decision on whether any exemption to the general obligations of public access to information applies to any request for information received under the FOIA, Codes of Practice and Environmental Regulations is a decision solely for the Authority; that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier itself is subject to the FOIA, Codes of Practice and Environmental Information Regulations and shall assist and co-operate it will liaise with the Authority and the Other Contracting Bodies to enable the Authority and Other Contracting Bodies to comply with their Information disclosure obligations in relation to this Framework Agreement and any Call Off Agreements. The Supplier shall: transfer as to the Authority and/or the relevant Other Contracting Bodies, as applicable, all Requests for Information that it receives as soon as practicable contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Working Days Business Days) provide a copy of receiving the request and any response to the Authority; that where the Supplier receives a Request request for Informationinformation 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 Authority) and will promptly (and in any event within two (2) Business Days) transfer the request to the Authority; that the Authority, acting in accordance with the Codes of Practice issued and revised from time to time under both section 45 of FOIA, and regulation 16 of the Environmental Regulations, may disclose information concerning the Supplier and the MIA Call-Off Agreement; and provide to assist the Authority in responding to a request for information, by processing information or environmental information (as the same are defined in FOIA and the Environmental Regulations) in accordance with a records management system that complies with all necessary assistance reasonably applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority and/or the Other Contracting Body to enable the Authority and/or the Other Contracting Body to respond to the Request for Information within the time for compliance set out in section 10 five (5) Business Days of the FOIA or regulation 5 of the Environmental Information Regulationsthat request and without charge. The Authority shall be responsible Parties acknowledge that, except for determining in absolute its discretion and notwithstanding any other provision in this Framework Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information information which is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by the Authority. The Supplier acknowledges that (notwithstanding the provisions of this Clause FW-40.) the Authority mayFOIA, acting in accordance with the Ministry of Justice’s Code Codes of Practice on and Environmental Regulations, the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Supplier or the Services: in certain circumstances without consulting the Supplier; or following consultation with the Supplier and having taken its views into account; provided always that where Clause FW-40.5.1 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosure. The Supplier acknowledges that the description of information as Commercially Sensitive Information as notified to the Authority prior to the Commencement Date is content of an indicative nature only and that the Authority and Other Contracting Body may be obliged to disclose the Commercially Sensitive Information in accordance with this Clause FW-40.. Subject to any information which MIA Call-Off Agreement is exempt from disclosure under the FOIA and notwithstanding not Confidential Information. Notwithstanding any other term of this Framework Agreement or the Call an MIA Call-Off Agreement, the Supplier agrees that consents to the contents publication of the Framework Agreement and the Call MIA Call-Off Agreement are not Confidential Information in its entirety (including variations), subject only to the redaction of information that is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulations. In preparing a copy of the MIA Call-Off Agreement for publication under Clause 4.4 of this Schedule 1, the Authority may consult with the Supplier hereby gives his consent for to inform decision making regarding any redactions but the final decision in relation to the redaction of information will be at the Authority’s absolute discretion. The Supplier shall assist and cooperate with the Authority to enable the Authority to publish this Framework Agreement and for an MIA Call-Off Agreement. Where any information is held by any subcontractor of the Contracting Body to publish the Call Off Agreement Supplier in their entirety including from time to time agreed changes to this Framework Agreement and/or the Call connection with an MIA Call-Off Agreement, to the general publicSupplier shall procure that such subcontractor shall comply with the relevant obligations set out in Clause 4 of this Schedule 1, as if such subcontractor were the Supplier.

Appears in 1 contract

Samples: Master Indemnity Agreement Terms and Conditions

Freedom of Information and Transparency. The Parties acknowledge the duties of Contracting Authorities under the FOIA, Codes of Practice and Environmental Regulations and shall give each other all reasonable assistance as appropriate or necessary to enable compliance with those duties. The Supplier acknowledges that shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and Other Contracting Bodies Environmental Regulations. The Supplier agrees: that this Contract and any recorded information held by the Supplier on the Authority’s behalf for the purposes of this Contract are subject to the requirements obligations and commitments of the FOIA Authority under the FOIA, Codes of Practice and Environmental Regulations; that the decision on whether any exemption to the general obligations of public access to information applies to any request for information received under the FOIA, Codes of Practice and Environmental Regulations is a decision solely for the Authority; that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier itself is subject to the FOIA, Codes of Practice and Environmental Information Regulations and shall assist and co-operate it will liaise with the Authority and the Other Contracting Bodies to enable the Authority and Other Contracting Bodies to comply with their Information disclosure obligations in relation to this Framework Agreement and any Call Off Agreements. The Supplier shall: transfer as to the Authority and/or the relevant Other Contracting Bodies, as applicable, all Requests for Information that it receives as soon as practicable contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Working Days Business Days) provide a copy of receiving the request and any response to the Authority; that where the Supplier receives a Request request for Informationinformation 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 Authority) and will promptly (and in any event within two (2) Business Days) transfer the request to the Authority; that the Authority, acting in accordance with the Codes of Practice issued and revised from time to time under both section 45 of FOIA, and regulation 16 of the Environmental Regulations, may disclose information concerning the Supplier and this Contract; and provide to assist the Authority in responding to a request for information, by processing information or environmental information (as the same are defined in FOIA and the Environmental Regulations) in accordance with a records management system that complies with all necessary assistance reasonably applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority and/or the Other Contracting Body to enable the Authority and/or the Other Contracting Body to respond to the Request for Information within the time for compliance set out in section 10 five (5) Business Days of the FOIA or regulation 5 of the Environmental Information Regulationsthat request and without charge. The Authority shall be responsible Parties acknowledge that, except for determining in absolute its discretion and notwithstanding any other provision in this Framework Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information information which is exempt from disclosure in accordance with the provisions of the FOIA or FOIA, Codes of Practice and Environmental Regulations, the Environmental Information Regulations. In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by the Authority. The Supplier acknowledges that (notwithstanding the provisions content of this Clause FW-40.) the Authority may, acting in accordance with the Ministry of Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Supplier or the Services: in certain circumstances without consulting the Supplier; or following consultation with the Supplier and having taken its views into account; provided always that where Clause FW-40.5.1 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosureContract is not Confidential Information. The Supplier acknowledges that the description of information as Commercially Sensitive Information as notified to the Authority prior to the Commencement Date is of an indicative nature only and that the Authority and Other Contracting Body may be obliged to disclose the Commercially Sensitive Information in accordance with this Clause FW-40.. Subject to any information which is exempt from disclosure under the FOIA and notwithstanding Notwithstanding any other term of this Framework Agreement or the Call Off AgreementContract, the Supplier agrees consents to the publication of this Contract in its entirety (including variations), subject only to the redaction of information that is exempt from disclosure in accordance with the contents provisions of the Framework Agreement FOIA, Codes of Practice and Environmental Regulations. In preparing a copy of this Contract for publication under Clause 56.4 of this Schedule 3, the Call Off Agreement are not Confidential Information and Authority may consult with the Supplier hereby gives his consent for to inform decision making regarding any redactions but the final decision in relation to the redaction of information will be at the Authority’s absolute discretion. The Supplier shall assist and cooperate with the Authority to enable the Authority to publish this Framework Agreement and for Contract. Where any information is held by any Sub-contractor of the Contracting Body to publish Supplier in connection with this Contract, the Call Off Agreement Supplier shall procure that such Sub-contractor shall comply with the relevant obligations set out in their entirety including from time to time agreed changes to Clause 3 of this Framework Agreement and/or Schedule 3, as if such Sub-contractor were the Call Off Agreement, to the general publicSupplier.

Appears in 1 contract

Samples: NHS Terms

Freedom of Information and Transparency. The Parties acknowledge the duties of Contracting Authorities under the FOIA, Codes of Practice and Environmental Regulations and shall give each other all reasonable assistance as appropriate or necessary to enable compliance with those duties. The Supplier acknowledges that shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and Other Contracting Bodies Environmental Regulations. The Supplier agrees: that this Contract and any recorded information held by the Supplier on the Authority’s behalf for the purposes of this Contract are subject to the requirements obligations and commitments of the FOIA Authority under the FOIA, Codes of Practice and Environmental Regulations; that the decision on whether any exemption to the general obligations of public access to information applies to any request for information received under the FOIA, Codes of Practice and Environmental Regulations is a decision solely for the Authority; that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier itself is subject to the FOIA, Codes of Practice and Environmental Information Regulations and shall assist and co-operate it will liaise with the Authority and the Other Contracting Bodies to enable the Authority and Other Contracting Bodies to comply with their Information disclosure obligations in relation to this Framework Agreement and any Call Off Agreements. The Supplier shall: transfer as to the Authority and/or the relevant Other Contracting Bodies, as applicable, all Requests for Information that it receives as soon as practicable contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Working Days Business Days) provide a copy of receiving the request and any response to the Authority; that where the Supplier receives a Request request for Informationinformation 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 Authority) and will promptly (and in any event within two (2) Business Days) transfer the request to the Authority; that the Authority, acting in accordance with the Codes of Practice issued and revised from time to time under both section 45 of FOIA, and regulation 16 of the Environmental Regulations, may disclose information concerning the Supplier and this Contract; and provide to assist the Authority in responding to a request for information, by processing information or environmental information (as the same are defined in FOIA and the Environmental Regulations) in accordance with a records management system that complies with all necessary assistance reasonably applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority and/or the Other Contracting Body to enable the Authority and/or the Other Contracting Body to respond to the Request for Information within the time for compliance set out in section 10 five (5) Business Days of the FOIA or regulation 5 of the Environmental Information Regulationsthat request and without charge. The Authority shall be responsible Parties acknowledge that, except for determining in absolute its discretion and notwithstanding any other provision in this Framework Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information information which is exempt from disclosure in accordance with the provisions of the FOIA or FOIA, Codes of Practice and Environmental Regulations, the Environmental Information Regulations. In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by the Authority. The Supplier acknowledges that (notwithstanding the provisions content of this Clause FW-40.) the Authority may, acting in accordance with the Ministry of Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Supplier or the Services: in certain circumstances without consulting the Supplier; or following consultation with the Supplier and having taken its views into account; provided always that where Clause FW-40.5.1 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosureContract is not Confidential Information. The Supplier acknowledges that the description of information as Commercially Sensitive Information as notified to the Authority prior to the Commencement Date is of an indicative nature only and that the Authority and Other Contracting Body may be obliged to disclose the Commercially Sensitive Information in accordance with this Clause FW-40.. Subject to any information which is exempt from disclosure under the FOIA and notwithstanding Notwithstanding any other term of this Framework Agreement or the Call Off AgreementContract, the Supplier agrees consents to the publication of this Contract in its entirety (including variations), subject only to the redaction of information that is exempt from disclosure in accordance with the contents provisions of the Framework Agreement FOIA, Codes of Practice and Environmental Regulations. In preparing a copy of this Contract for publication under Clause 3.4 of this Schedule 3, the Call Off Agreement are not Confidential Information and Authority may consult with the Supplier hereby gives his consent for to inform decision making regarding any redactions but the final decision in relation to the redaction of information will be at the Authority’s absolute discretion. The Supplier shall assist and cooperate with the Authority to enable the Authority to publish this Framework Agreement Contract. Where any information is held by any Sub-contractor of the Supplier in connection with this Contract, the Supplier shall procure that such Sub-contractor shall comply with the relevant obligations set out in Clause 3 of this Schedule 3, as if such Sub-contractor were the Supplier. Information Security Without limitation to any other information governance requirements set out in this Schedule 3, the Supplier shall: notify the Authority forthwith of any information security breaches or near misses (including without limitation any potential or actual breaches of confidentiality or actual information security breaches) in line with the Authority’s information governance Policies; and for fully cooperate with any audits or investigations relating to information security and any privacy impact assessments undertaken by the Contracting Body Authority and shall provide full information as may be reasonably requested by the Authority in relation to publish such audits, investigations and assessments. Where required in accordance with the Call Off Agreement Specification and Tender Response Document, the Supplier will ensure that it puts in their entirety including from time to time agreed changes place and maintains an information security management plan appropriate to this Framework Agreement and/or Contract, the Call Off Agreementtype of Services being provided and the obligations placed on the Supplier. The Supplier shall ensure that such plan is consistent with any relevant Policies, to Guidance, Good Industry Practice and with any relevant quality standards as may be set out in the general publicKey Provisions and/ or the Specification and Tender Response Document. Where required in accordance with the Specification and Tender Response Document, the Supplier shall obtain and maintain certification under the HM Government Cyber Essentials Scheme at the level set out in the Specification and Tender Response Document.

Appears in 1 contract

Samples: NHS Terms And

Freedom of Information and Transparency. The Parties acknowledge the duties of Contracting Authorities under the FOIA, Codes of Practice and Environmental Regulations and shall give each other all reasonable assistance as appropriate or necessary to enable compliance with those duties. The Supplier acknowledges that shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and Other Contracting Bodies Environmental Regulations. The Supplier agrees: that this Contract and any recorded information held by the Supplier on the Authority’s behalf for the purposes of this Contract are subject to the requirements obligations and commitments of the FOIA Authority under the FOIA, Codes of Practice and Environmental Regulations; that the decision on whether any exemption to the general obligations of public access to information applies to any request for information received under the FOIA, Codes of Practice and Environmental Regulations is a decision solely for the Authority; that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier itself is subject to the FOIA, Codes of Practice and Environmental Information Regulations and shall assist and co-operate it will liaise with the Authority and the Other Contracting Bodies to enable the Authority and Other Contracting Bodies to comply with their Information disclosure obligations in relation to this Framework Agreement and any Call Off Agreements. The Supplier shall: transfer as to the Authority and/or the relevant Other Contracting Bodies, as applicable, all Requests for Information that it receives as soon as practicable contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Working Days Business Days) provide a copy of receiving the request and any response to the Authority; that where the Supplier receives a Request request for Informationinformation 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 Authority) and will promptly (and in any event within two (2) Business Days) transfer the request to the Authority; that the Authority, acting in accordance with the Codes of Practice issued and revised from time to time under both section 45 of FOIA, and regulation 16 of the Environmental Regulations, may disclose information concerning the Supplier and this Contract; and provide to assist the Authority in responding to a request for information, by processing information or environmental information (as the same are defined in FOIA and the Environmental Regulations) in accordance with a records management system that complies with all necessary assistance reasonably applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority and/or the Other Contracting Body to enable the Authority and/or the Other Contracting Body to respond to the Request for Information within the time for compliance set out in section 10 five (5) Business Days of the FOIA or regulation 5 of the Environmental Information Regulationsthat request and without charge. The Authority shall be responsible Parties acknowledge that, except for determining in absolute its discretion and notwithstanding any other provision in this Framework Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information information which is exempt from disclosure in accordance with the provisions of the FOIA or FOIA, Codes of Practice and Environmental Regulations, the Environmental Information Regulations. In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by the Authority. The Supplier acknowledges that (notwithstanding the provisions content of this Clause FW-40.) the Authority may, acting in accordance with the Ministry of Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Supplier or the Services: in certain circumstances without consulting the Supplier; or following consultation with the Supplier and having taken its views into account; provided always that where Clause FW-40.5.1 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosureContract is not Confidential Information. The Supplier acknowledges that the description of information as Commercially Sensitive Information as notified to the Authority prior to the Commencement Date is of an indicative nature only and that the Authority and Other Contracting Body may be obliged to disclose the Commercially Sensitive Information in accordance with this Clause FW-40.. Subject to any information which is exempt from disclosure under the FOIA and notwithstanding Notwithstanding any other term of this Framework Agreement or the Call Off AgreementContract, the Supplier agrees consents to the publication of this Contract in its entirety (including variations), subject only to the redaction of information that is exempt from disclosure in accordance with the contents provisions of the Framework Agreement FOIA, Codes of Practice and Environmental Regulations. In preparing a copy of this Contract for publication under Clause 3.4 of this Schedule 3, the Call Off Agreement are not Confidential Information and Authority may consult with the Supplier hereby gives his consent for to inform decision making regarding any redactions but the final decision in relation to the redaction of information will be at the Authority’s absolute discretion. The Supplier shall assist and cooperate with the Authority to enable the Authority to publish this Framework Agreement Contract. Where any information is held by any Sub-contractor of the Supplier in connection with this Contract, the Supplier shall procure that such Sub-contractor shall comply with the relevant obligations set out in Clause 3 of this Schedule 3, as if such Sub-contractor were the Supplier. Information Security Without limitation to any other information governance requirements set out in this Schedule 3, the Supplier shall: notify the Authority forthwith of any information security breaches or near misses (including without limitation any potential or actual breaches of confidentiality or actual information security breaches) in line with the Authority’s information governance Policies; and for fully cooperate with any audits or investigations relating to information security and any privacy impact assessments undertaken by the Contracting Body Authority and shall provide full information as may be reasonably requested by the Authority in relation to publish such audits, investigations and assessments. Where required in accordance with the Call Off Agreement Specification and Tender Response Document, the Supplier will ensure that it puts in their entirety including from time to time agreed changes place and maintains an information security management plan appropriate to this Framework Agreement Contract, the type of Services being provided and the obligations placed on the Supplier. The Supplier shall ensure that such plan is consistent with any relevant Policies, Guidance, Good Industry Practice and with any relevant quality standards as may be set out in the Key Provisions and/or the Call Off AgreementSpecification and Tender Response Document. Where required in accordance with the Specification and Tender Response Document, to the general publicSupplier shall obtain and maintain certification under the HM Government Cyber Essentials Scheme at the level set out in the Specification and Tender Response Document. .

Appears in 1 contract

Samples: NHS Terms And

Freedom of Information and Transparency. The Parties acknowledge the duties of Contracting Authorities under the FOIA, Codes of Practice and Environmental Regulations and shall give each other all reasonable assistance as appropriate or necessary to enable compliance with those duties. The Supplier acknowledges that shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and Other Contracting Bodies Environmental Regulations. The Supplier agrees: that this Contract and any recorded information held by the Supplier on the Authority’s behalf for the purposes of this Contract are subject to the requirements obligations and commitments of the FOIA Authority under the FOIA, Codes of Practice and Environmental Regulations; that the decision on whether any exemption to the general obligations of public access to information applies to any request for information received under the FOIA, Codes of Practice and Environmental Regulations is a decision solely for the Authority; that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier itself is subject to the FOIA, Codes of Practice and Environmental Information Regulations and shall assist and co-operate it will liaise with the Authority and the Other Contracting Bodies to enable the Authority and Other Contracting Bodies to comply with their Information disclosure obligations in relation to this Framework Agreement and any Call Off Agreements. The Supplier shall: transfer as to the Authority and/or the relevant Other Contracting Bodies, as applicable, all Requests for Information that it receives as soon as practicable contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Working Days Business Days) provide a copy of receiving the request and any response to the Authority; that where the Supplier receives a Request request for Informationinformation 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 Authority) and will promptly (and in any event within two (2) Business Days) transfer the request to the Authority; that the Authority, acting in accordance with the Codes of Practice issued and revised from time to time under both section 45 of FOIA, and regulation 16 of the Environmental Regulations, may disclose information concerning the Supplier and this Contract; and provide to assist the Authority in responding to a request for information, by processing information or environmental information (as the same are defined in FOIA and the Environmental Regulations) in accordance with a records management system that complies with all necessary assistance reasonably applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority and/or the Other Contracting Body to enable the Authority and/or the Other Contracting Body to respond to the Request for Information within the time for compliance set out in section 10 five (5) Business Days of the FOIA or regulation 5 of the Environmental Information Regulationsthat request and without charge. The Authority shall be responsible Parties acknowledge that, except for determining in absolute its discretion and notwithstanding any other provision in this Framework Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information information which is exempt from disclosure in accordance with the provisions of the FOIA or FOIA, Codes of Practice and Environmental Regulations, the Environmental Information Regulations. In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by the Authority. The Supplier acknowledges that (notwithstanding the provisions content of this Clause FW-40.) the Authority may, acting in accordance with the Ministry of Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Supplier or the Services: in certain circumstances without consulting the Supplier; or following consultation with the Supplier and having taken its views into account; provided always that where Clause FW-40.5.1 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosureContract is not Confidential Information. The Supplier acknowledges that the description of information as Commercially Sensitive Information as notified to the Authority prior to the Commencement Date is of an indicative nature only and that the Authority and Other Contracting Body may be obliged to disclose the Commercially Sensitive Information in accordance with this Clause FW-40.. Subject to any information which is exempt from disclosure under the FOIA and notwithstanding Notwithstanding any other term of this Framework Agreement or the Call Off AgreementContract, the Supplier agrees consents to the publication of this Contract in its entirety (including variations), subject only to the redaction of information that is exempt from disclosure in accordance with the contents provisions of the Framework Agreement FOIA, Codes of Practice and Environmental Regulations. In preparing a copy of this Contract for publication under Clause 43.4 of this Schedule 12 of these Call-off Terms and Conditions, the Call Off Agreement are not Confidential Information and Authority may consult with the Supplier hereby gives his consent for to inform decision making regarding any redactions but the final decision in relation to the redaction of information will be at the Authority’s absolute discretion. The Supplier shall assist and cooperate with the Authority to enable the Authority to publish this Framework Agreement Contract. Where any information is held by any Sub-contractor of the Supplier in connection with this Contract, the Supplier shall procure that such Sub-contractor shall comply with the relevant obligations set out in Clause 85 of this Schedule 12 of these Call-off Terms and for Conditions, as if such Sub-contractor were the Contracting Body to publish the Call Off Agreement in their entirety including from time to time agreed changes to this Framework Agreement and/or the Call Off Agreement, to the general publicSupplier.

Appears in 1 contract

Samples: Framework Agreement

Freedom of Information and Transparency. The Parties acknowledge the duties of Contracting Authorities under the FOIA, Codes of Practice and Environmental Regulations and shall give each other all reasonable assistance as appropriate or necessary to enable compliance with those duties. The Supplier acknowledges that shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and Other Contracting Bodies Environmental Regulations. The Supplier agrees: that this Contract and any recorded information held by the Supplier on the Authority’s behalf for the purposes of this Contract are subject to the requirements obligations and commitments of the FOIA Authority under the FOIA, Codes of Practice and Environmental Regulations; that the decision on whether any exemption to the general obligations of public access to information applies to any request for information received under the FOIA, Codes of Practice and Environmental Regulations is a decision solely for the Authority; that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier itself is subject to the FOIA, Codes of Practice and Environmental Information Regulations and shall assist and co-operate it will liaise with the Authority and the Other Contracting Bodies to enable the Authority and Other Contracting Bodies to comply with their Information disclosure obligations in relation to this Framework Agreement and any Call Off Agreements. The Supplier shall: transfer as to the Authority and/or the relevant Other Contracting Bodies, as applicable, all Requests for Information that it receives as soon as practicable contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Working Days Business Days) provide a copy of receiving the request and any response to the Authority; that where the Supplier receives a Request request for Informationinformation 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 Authority) and will promptly (and in any event within two (2) Business Days) transfer the request to the Authority; that the Authority, acting in accordance with the Codes of Practice issued and revised from time to time under both section 45 of FOIA, and regulation 16 of the Environmental Regulations, may disclose information concerning the Supplier and this Contract; and provide to assist the Authority in responding to a request for information, by processing information or environmental information (as the same are defined in FOIA and the Environmental Regulations) in accordance with a records management system that complies with all necessary assistance reasonably applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority and/or the Other Contracting Body to enable the Authority and/or the Other Contracting Body to respond to the Request for Information within the time for compliance set out in section 10 five (5) Business Days of the FOIA or regulation 5 of the Environmental Information Regulationsthat request and without charge. The Authority shall be responsible Parties acknowledge that, except for determining in absolute its discretion and notwithstanding any other provision in this Framework Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information information which is exempt from disclosure in accordance with the provisions of the FOIA or FOIA, Codes of Practice and Environmental Regulations, the Environmental Information Regulations. In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by the Authority. The Supplier acknowledges that (notwithstanding the provisions content of this Clause FW-40.) the Authority may, acting in accordance with the Ministry of Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Supplier or the Services: in certain circumstances without consulting the Supplier; or following consultation with the Supplier and having taken its views into account; provided always that where Clause FW-40.5.1 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosureContract is not Confidential Information. The Supplier acknowledges that the description of information as Commercially Sensitive Information as notified to the Authority prior to the Commencement Date is of an indicative nature only and that the Authority and Other Contracting Body may be obliged to disclose the Commercially Sensitive Information in accordance with this Clause FW-40.. Subject to any information which is exempt from disclosure under the FOIA and notwithstanding Notwithstanding any other term of this Framework Agreement or the Call Off AgreementContract, the Supplier agrees consents to the publication of this Contract in its entirety (including variations), subject only to the redaction of information that is exempt from disclosure in accordance with the contents provisions of the Framework Agreement FOIA, Codes of Practice and Environmental Regulations. In preparing a copy of this Contract for publication under Clause Error: Reference source not found of this Schedule 3 of these Call-off Terms and Conditions, the Call Off Agreement are not Confidential Information and Authority may consult with the Supplier hereby gives his consent for to inform decision making regarding any redactions but the final decision in relation to the redaction of information will be at the Authority’s absolute discretion. The Supplier shall assist and cooperate with the Authority to enable the Authority to publish this Framework Agreement Contract. Where any information is held by any Sub-contractor of the Supplier in connection with this Contract, the Supplier shall procure that such Sub-contractor shall comply with the relevant obligations set out in Clause 40 of this Schedule 3 of these Call-off Terms and for Conditions, as if such Sub-contractor were the Contracting Body to publish the Call Off Agreement in their entirety including from time to time agreed changes to this Framework Agreement and/or the Call Off Agreement, to the general publicSupplier.

Appears in 1 contract

Samples: soeprocurement.nhs.uk

Freedom of Information and Transparency. The Supplier acknowledges that Parties acknowledge the Authority duties of Contracting Authorities under the FOIA, Codes of Practice and Other Contracting Bodies are subject to the requirements of the FOIA and the Environmental Information Regulations and shall give each other all reasonable assistance as appropriate or necessary to enable compliance with those duties. The Supplier shall assist and co-operate cooperate with the Authority and the Other Contracting Bodies to enable the Authority and Other Contracting Bodies it to comply with their Information its disclosure obligations in relation to under the FOIA, Codes of Practice and Environmental Regulations. The Supplier agrees: that this Framework Agreement and any Call Off Agreements. The recorded information held by the Supplier shall: transfer on the Authority’s behalf for the purposes of this Framework Agreement are subject to the obligations and commitments of the Authority and/or under the relevant Other Contracting BodiesFOIA, Codes of Practice and Environmental Regulations; that the decision on whether any exemption to the general obligations of public access to information applies to any request for information received under the FOIA, Codes of Practice and Environmental Regulations is a decision solely for the Authority; that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier itself is subject to the FOIA, Codes of Practice and Environmental Regulations it will liaise with the Authority as applicable, all Requests for Information that it receives as soon as practicable to the contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Working Days Business Days) provide a copy of receiving the request and any response to the Authority; that where the Supplier receives a Request request for Informationinformation 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 Authority) and will promptly (and in any event within two (2) Business Days) transfer the request to the Authority; that the Authority, acting in accordance with the Codes of Practice issued and revised from time to time under both section 45 of FOIA, and regulation 16 of the Environmental Regulations, may disclose information concerning the Supplier and this Framework Agreement; and provide to assist the Authority in responding to a request for information, by processing information or environmental information (as the same are defined in FOIA and the Environmental Regulations) in accordance with a records management system that complies with all necessary assistance reasonably applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority and/or the Other Contracting Body to enable the Authority and/or the Other Contracting Body to respond to the Request for Information within the time for compliance set out in section 10 five (5) Business Days of the FOIA or regulation 5 of the Environmental Information Regulationsthat request and without charge. The Authority shall be responsible Parties acknowledge that, except for determining in absolute its discretion and notwithstanding any other provision in this Framework Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information information which is exempt from disclosure in accordance with the provisions of the FOIA or FOIA, Codes of Practice and Environmental Regulations, the Environmental Information Regulations. In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by the Authority. The Supplier acknowledges that (notwithstanding the provisions content of this Clause FW-40.) the Authority may, acting in accordance with the Ministry of Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Supplier or the Services: in certain circumstances without consulting the Supplier; or following consultation with the Supplier and having taken its views into account; provided always that where Clause FW-40.5.1 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosureFramework Agreement is not Confidential Information. The Supplier acknowledges that the description of information as Commercially Sensitive Information as notified to the Authority prior to the Commencement Date is of an indicative nature only and that the Authority and Other Contracting Body may be obliged to disclose the Commercially Sensitive Information in accordance with this Clause FW-40.. Subject to any information which is exempt from disclosure under the FOIA and notwithstanding Notwithstanding any other term of this Framework Agreement or the Call Off Agreement, the Supplier agrees consents to the publication of this Framework Agreement in its entirety (including variations), subject only to the redaction of information that is exempt from disclosure in accordance with the contents provisions of the FOIA, Codes of Practice and Environmental Regulations. In preparing a copy of this Framework Agreement and for publication under Clause 10 of this Schedule 3, the Call Off Agreement are not Confidential Information and Authority may consult with the Supplier hereby gives his consent for to inform decision making regarding any redactions but the final decision in relation to the redaction of information will be at the Authority’s absolute discretion. The Supplier shall assist and cooperate with the Authority to enable the Authority to publish this Framework Agreement and for Agreement. Where any information is held by any subcontractor of the Contracting Body to publish the Call Off Agreement Supplier in their entirety including from time to time agreed changes to connection with this Framework Agreement and/or the Call Off Agreement, to the general publicSupplier shall procure that such subcontractor shall comply with the relevant obligations set out in Clause 6 of this Schedule 3, as if such subcontractor were the Supplier.

Appears in 1 contract

Samples: Framework Agreement

Freedom of Information and Transparency. The Supplier acknowledges that the Authority and Other Contracting Bodies are subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and co-operate with the Authority and the Other Contracting Bodies to enable the Authority and Other Contracting Bodies to comply with their Information disclosure obligations in relation to this Framework Agreement and any Call Off Agreements. The Supplier shall: transfer to the Authority and/or the relevant Other Contracting BodiesBody, as applicable, all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; and provide all necessary assistance reasonably requested by the Authority and/or the Other Contracting Body to enable the Authority and/or the Other Contracting Body to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Authority and the Other Contracting Body shall be responsible for determining in their absolute its discretion and notwithstanding any other provision in this Framework Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by the AuthorityAuthority and/or the Other Contracting Body (as applicable). The Supplier acknowledges that (notwithstanding the provisions of this Clause FW-40FW-44.) the Authority and the Other Contracting Body may, acting in accordance with the Ministry of Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Supplier or the Digital Services: in certain circumstances without consulting the Supplier; or following consultation with the Supplier and having taken its views into account; provided always that where Clause FW-40.5.1 FW-44.5.1 applies the Authority and the Other Contracting Body shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosure. The Supplier acknowledges that the description of information as Commercially Sensitive Information as notified to the Authority prior to the Commencement Date or notified to any Other Contracting Body prior to its Call Off Agreement Commencement Date, is of an indicative nature only and that the Authority and Other Contracting Body may be obliged to disclose the Commercially Sensitive Information in accordance with this Clause FW-40FW-44.. Subject to any information which is exempt from disclosure under the FOIA and notwithstanding any other term of this Framework Agreement or the Call Off Agreement, the Supplier agrees that the contents of the Framework Agreement and the Call Off Agreement are not Confidential Information and the Supplier hereby gives his its consent for the Authority to publish this Framework Agreement and for the Contracting Body Customer to publish the Call Off Agreement in their entirety including from time to time agreed changes to this Framework Agreement and/or the Call Off Agreement, to the general public.

Appears in 1 contract

Samples: Services Framework Agreement

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