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 shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and 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 obligations and commitments of the 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 Regulations it will liaise with the Authority as to the contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Business Days) provide a copy of the request and any response to the Authority; that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier is not itself subject to the FOIA, Codes of Practice and Environmental Regulations, it will not respond to that request (unless directed to do so by the 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 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 applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority within five (5) Business Days of that request and without charge. The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulations, the content of this Contract is not Confidential Information. Notwithstanding any other term of this Contract, the Supplier 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 provisions of the 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 Authority may consult with the Supplier 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 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 3 of this Schedule 3, as if such subcontractor were the Supplier.
Appears in 4 contracts
Samples: NHS Terms and Conditions for the Provision of Services, NHS Terms and Conditions for the Provision of Services, NHS Terms and Conditions for the Provision of Services
Freedom of Information and Transparency. 4.1 The Parties acknowledge the duties of Contracting Authorities under the FOIA, Codes of Practice Practice, and Environmental Regulations and shall give each other all reasonable assistance as appropriate or necessary to enable compliance with those duties. .
4.2 The Supplier shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice Practice, and Environmental Regulations. The Supplier agrees: :
4.2.1 that this Contract an MIA Call-Off Agreement and any recorded information held by the Supplier on the Authority’s behalf for the purposes of this Contract the MIA Call-Off Agreement are subject to the obligations and commitments of the Authority under the FOIA, Codes of Practice Practice, and Environmental Regulations; ;
4.2.2 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 Practice, and Environmental Regulations is a decision solely for the Authority; ;
4.2.3 that where the Supplier receives a request for information under the FOIA, Codes of Practice Practice, and Environmental Regulations and the Supplier itself is subject to the FOIA, Codes of Practice Practice, and Environmental Regulations it will liaise with the Authority as to the contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Business Days) provide a copy of the request and any response to the Authority; ;
4.2.4 that where the Supplier receives a request for information under the FOIA, Codes of Practice Practice, and Environmental Regulations and the Supplier is not itself subject to the FOIA, Codes of Practice 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; ;
4.2.5 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 Contractthe MIA Call-Off Agreement; and and
4.2.6 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 applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority within five (5) Business Days of that request and without charge. .
4.3 The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice Practice, and Environmental Regulations, the content of this Contract an MIA Call-Off Agreement is not Confidential Information. .
4.4 Notwithstanding any other term of this Contractan MIA Call-Off Agreement, the Supplier consents to the publication of this Contract the MIA Call-Off Agreement 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 Practice, and Environmental Regulations. .
4.5 In preparing a copy of this Contract the MIA Call-Off Agreement for publication under Clause 55.4 Paragraph 4.4 of this Schedule 3Schedule, the Authority may consult with the Supplier 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. .
4.6 The Supplier shall assist and cooperate with the Authority to enable the Authority to publish this Contract. an MIA Call-Off Agreement.
4.7 Where any information is held by any subcontractor of the Supplier in connection with this Contractan MIA Call-Off Agreement, the Supplier shall procure that such subcontractor shall comply with the relevant obligations set out in Clause 3 Paragraph 4 of this Schedule 3Schedule, as if such subcontractor were the Supplier.
Appears in 4 contracts
Samples: Indemnification & Liability, Master Indemnity Agreement, Indemnification & Liability
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 shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and 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 obligations and commitments of the 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 Regulations it will liaise with the Authority as to the contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Business Days) provide a copy of the request and any response to the Authority; that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier is not itself subject to the FOIA, Codes of Practice and Environmental Regulations, it will not respond to that request (unless directed to do so by the 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 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 applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority within five (5) Business Days of that request and without charge. The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulations, the content of this Contract is not Confidential Information. Notwithstanding any other term of this Contract, the Supplier 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 provisions of the FOIA, Codes of Practice and Environmental Regulations. In preparing a copy of this Contract for publication under Clause 55.4 3.4 of this Schedule 3, the Authority may consult with the Supplier 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 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 3 of this Schedule 3, as if such subcontractor were the Supplier.
Appears in 3 contracts
Samples: NHS Terms and Conditions for the Supply of Goods and the Provision of Services, NHS Terms and Conditions for the Provision of Services, NHS Terms and Conditions for the Provision of Services
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 shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and Environmental Regulations. The Supplier agrees: that this Contract Framework Agreement and any recorded information held by the Supplier on the Authority’s behalf for the purposes of this Contract Framework Agreement are subject to the obligations and commitments of the 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 Regulations it will liaise with the Authority as to the contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Business Days) provide a copy of the request and any response to the Authority; that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier is not itself subject to the FOIA, Codes of Practice and Environmental Regulations, it will not respond to that request (unless directed to do so by the 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 ContractFramework Agreement; and 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 applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority within five (5) Business Days of that request and without charge. The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulations, the content of this Contract Framework Agreement is not Confidential Information. Notwithstanding any other term of this ContractFramework Agreement, the Supplier consents to the publication of this Contract Framework Agreement 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 this Contract Framework Agreement for publication under Clause 55.4 43.4 of this Schedule 3, the Authority may consult with the Supplier 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 ContractFramework Agreement. Where any information is held by any subcontractor Sub-contractor of the Supplier in connection with this ContractFramework Agreement, the Supplier shall procure that such subcontractor Sub-contractor shall comply with the relevant obligations set out in Clause 3 43 of this Schedule 3, as if such subcontractor Sub-contractor were the Supplier.
Appears in 3 contracts
Samples: Framework Agreement, Framework Agreement, Framework Agreement
Freedom of Information and Transparency. The Parties acknowledge the their respective duties of Contracting Authorities under the FOIA, Codes of Practice FOIA and Environmental Regulations and shall must give each other all reasonable assistance as to each other where appropriate or necessary to enable compliance comply with those such duties. The Supplier shall If the Provider is not a Public Authority, the Provider acknowledges that the Authority is subject to the requirements of the FOIA and will assist and cooperate co-operate with the Authority to enable it the Authority to comply with its disclosure obligations under the FOIA, Codes of Practice and Environmental Regulations. The Supplier Accordingly the Provider agrees: that this Contract and any other recorded information held by the Supplier Provider on the Authority’s behalf for the purposes of this Contract are subject to the obligations and commitments of the 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 FOIA is a decision solely for the Authority; that where if the Supplier Provider 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 to the contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Business Days) provide a copy of the request and any response to the Authority; that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier is not itself subject to the FOIA, Codes of Practice and Environmental Regulations, it will not respond to that such request (unless directed to do so by the Authority) and will promptly (and in any event within two (2) 2 Business Days) transfer the request to the Authority; that the Authority, acting in accordance with the Codes codes of Practice practice issued and revised from time to time under both section 45 of the FOIA, and regulation 16 of the Environmental RegulationsInformation Regulations 2004, may disclose information concerning the Supplier Provider and this ContractContract 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 FOIA and the Environmental RegulationsFOIA) 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 the a Authority within five (5) 5 Business Days of that such request and without charge. The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulations, the content of this Contract is not Confidential Information. Notwithstanding any other term provision of this Contract, the Supplier Provider hereby consents to the publication of this Contract in its entirety (including variations), from time to time agreed changes to this Contract 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 this Contract for publication under Clause 55.4 of this Schedule 3, pursuant to clause B37.4. the Authority may consult with the Supplier Provider to inform its decision making regarding any redactions but the final decision in relation to the redaction of information will shall be at the Authority’s absolute discretion. The Supplier shall Provider must assist and cooperate co-operate with the Authority to enable the Authority to publish this 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 In order to comply with the relevant 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. 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 set out in Clause 3 under this Contract as soon as practicable and use its reasonable efforts to remedy its failure to perform its obligations under this Contract. No term of this Schedule 3Contract is intended to confer a benefit on, as if such subcontractor were the Supplieror to be enforceable by, any person who is not a party to this Contract.
Appears in 3 contracts
Samples: Contract for the Provision of Public Health Services, Public Health Services Contract, Public Health Services Contract
Freedom of Information and Transparency. 3.1 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. .
3.2 The Supplier shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and Environmental Regulations. The Supplier agrees: :
3.2.1 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 obligations and commitments of the Authority under the FOIA, Codes of Practice and Environmental Regulations; ;
3.2.2 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; ;
3.2.3 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 to the contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Business Days) provide a copy of the request and any response to the Authority; ;
3.2.4 that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier is not itself subject to the FOIA, Codes of Practice and Environmental Regulations, it will not respond to that request (unless directed to do so by the Authority) and will promptly (and in any event within two (2) Business Days) transfer the request to the Authority; ;
3.2.5 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 and
3.2.6 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 applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority within five (5) Business Days of that request and without charge. .
3.3 The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulations, the content of this Contract is not Confidential Information. .
3.4 Notwithstanding any other term of this Contract, the Supplier 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 provisions of the FOIA, Codes of Practice and Environmental Regulations. .
3.5 In preparing a copy of this Contract for publication under Clause 55.4 3.4 of this Schedule 3, the Authority may consult with the Supplier 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. .
3.6 The Supplier shall assist and cooperate with the Authority to enable the Authority to publish this Contract. .
3.7 Where any information is held by any subcontractor Sub-contractor of the Supplier in connection with this Contract, the Supplier shall procure that such subcontractor Sub-contractor shall comply with the relevant obligations set out in Clause 3 of this Schedule 3, as if such subcontractor Sub-contractor were the Supplier.
Appears in 3 contracts
Samples: Contract for the Provision of Services, Order Form, Contract for the Provision of Services
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 shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and Environmental Regulations. The Supplier agrees: that this Contract Framework Agreement and any recorded information held by the Supplier on the Authority’s behalf for the purposes of this Contract Framework Agreement are subject to the obligations and commitments of the 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 Regulations it will liaise with the Authority as to the contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Business Days) provide a copy of the request and any response to the Authority; that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier is not itself subject to the FOIA, Codes of Practice and Environmental Regulations, it will not respond to that request (unless directed to do so by the 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 ContractFramework Agreement; and 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 applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority within five (5) Business Days of that request and without charge. The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulations, the content of this Contract Framework Agreement is not Confidential Information. Notwithstanding any other term of this ContractFramework Agreement, the Supplier consents to the publication of this Contract Framework Agreement 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 this Contract Framework Agreement for publication under Clause 55.4 3.4 of this Schedule 3, the Authority may consult with the Supplier 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 ContractFramework Agreement. Where any information is held by any subcontractor Sub-contractor of the Supplier in connection with this ContractFramework Agreement, the Supplier shall procure that such subcontractor Sub-contractor shall comply with the relevant obligations set out in Clause 3 of this Schedule 3, as if such subcontractor Sub-contractor were the Supplier.
Appears in 3 contracts
Samples: Framework Agreement for the Supply of Goods, Framework Agreement, Framework Agreement
Freedom of Information and Transparency. 3.1 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. .
3.2 The Supplier shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and Environmental Regulations. The Supplier agrees: :
3.2.1 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 obligations and commitments of the Authority under the FOIA, Codes of Practice and Environmental Regulations; ;
3.2.2 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; ;
3.2.3 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 to the contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Business Days) provide a copy of the request and any response to the Authority; ;
3.2.4 that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier is not itself subject to the FOIA, Codes of Practice and Environmental Regulations, it will not respond to that request (unless directed to do so by the Authority) and will promptly (and in any event within two (2) Business Days) transfer the request to the Authority; ;
3.2.5 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 and
3.2.6 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 applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority within five (5) Business Days of that request and without charge. .
3.3 The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulations, the content of this Contract is not Confidential Information. .
3.4 Notwithstanding any other term of this Contract, the Supplier 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 provisions of the FOIA, Codes of Practice and Environmental Regulations. .
3.5 In preparing a copy of this Contract for publication under Clause 55.4 3.4 of this Schedule 3, the Authority may consult with the Supplier 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. .
3.6 The Supplier shall assist and cooperate with the Authority to enable the Authority to publish this Contract. .
3.7 Where any information is held by any subcontractor Sub-contractor of the Supplier in connection with this Contract, the Supplier shall procure that such subcontractor Sub-contractor shall comply with the relevant obligations set out in Clause 3 of this Schedule 3, as if such subcontractor Sub- contractor were the Supplier.
Appears in 2 contracts
Samples: Contract for the Provision of Primary Care It Support Services, Contract for the Provision of Services
Freedom of Information and Transparency. 3.1 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. .
3.2 The Supplier shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and Environmental Regulations. The Supplier agrees: :
3.2.1 that this Contract and any recorded information held by the Supplier on the Authority’s 's behalf for the purposes of this Contract are subject to the obligations and commitments of the Authority under the FOIA, Codes of Practice and Environmental Regulations; ;
3.2.2 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; ;
3.2.3 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 to the contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Business Days) provide a copy of the request and any response to the Authority; ;
3.2.4 that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier is not itself subject to the FOIA, Codes of Practice and Environmental Regulations, it will not respond to that request (unless directed to do so by the Authority) and will promptly (and in any event within two (2) Business Days) transfer the request to the Authority; ;
3.2.5 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 and
3.2.6 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 applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority within five (5) Business Days of that request and without charge. .
3.3 The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulations, the content of this Contract is not Confidential Information. .
3.4 Notwithstanding any other term of this Contract, the Supplier 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 provisions of the FOIA, Codes of Practice and Environmental Regulations. .
3.5 In preparing a copy of this Contract for publication under Clause 55.4 3.4 of this Schedule 3, the Authority may consult with the Supplier to inform decision making regarding any redactions but the final decision in relation to the redaction of information will be at the Authority’s 's absolute discretion. .
3.6 The Supplier shall assist and cooperate with the Authority to enable the Authority to publish this Contract. .
3.7 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 3 of this Schedule 3, as if such subcontractor were the Supplier.
Appears in 2 contracts
Samples: Supply of Goods Agreement, NHS Terms and Conditions for the Provision of Services (Purchase Order Version)
Freedom of Information and Transparency. 3.1 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 Customer shall assist and cooperate with the Authority Supplier as appropriate or necessary to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and Environmental Regulations. The Supplier Customer agrees: :
3.1.1 that this Contract Agreement and any recorded information held by the Supplier Customer on the AuthoritySupplier’s behalf for the purposes of this Contract Agreement are subject to the obligations and commitments of the Authority Supplier under the FOIA, Codes of Practice and Environmental Regulations; ;
3.1.2 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 and/or Environmental Regulations is a decision solely for the Authority; Supplier;
3.1.3 that where the Supplier Customer 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 to the contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Business Days) provide a copy of the request and any response to the Authority; that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier is not itself subject to the FOIA, Codes of Practice and and/or Environmental Regulations, it will not respond to that request (unless directed to do so by the AuthoritySupplier) and will promptly (and in any event within two (2) Business Days) transfer the request to the Authority; Supplier;
3.1.4 that the AuthoritySupplier, acting in accordance with the FOIA, Codes of Practice issued and revised from time to time under both section 45 of FOIA, and regulation 16 of the and/or Environmental Regulations, may disclose information concerning the Supplier Customer and this ContractAgreement; and and
3.1.5 to assist the Authority Supplier in responding to a request for information, by processing information or environmental information (as the same are defined in FOIA and the FOIA, Codes of Practice and/or Environmental Regulations) in accordance with a records management system that complies with all applicable records management recommendations and codes of conduct issued under section 46 the FOIA, Codes of FOIAPractice and/or Environmental Regulations, and providing copies of all information requested by the Authority Supplier within five (5) Business Days of that request and without charge. The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulations, the content of this Contract is not Confidential Information. .
3.2 Notwithstanding any other term of this ContractAgreement, the Supplier Customer consents to the publication of this Contract Agreement 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 and/or Environmental Regulations. In preparing a copy of this Contract Agreement for publication under this Clause 55.4 of this Schedule 33.2, the Authority Supplier may consult with the Supplier Customer to inform decision making regarding any redactions but the final decision in relation to the redaction of information will be at the AuthoritySupplier’s absolute discretion. The Supplier Customer shall assist and cooperate with the Authority Supplier to enable the Authority Supplier to publish this 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 3 of this Schedule 3, as if such subcontractor were the SupplierAgreement.
Appears in 2 contracts
Freedom of Information and Transparency. The Parties acknowledge the their respective duties of Contracting Authorities under the FOIA, Codes of Practice FOIA and Environmental Regulations and shall must give each other all reasonable assistance as to each other where appropriate or necessary to enable compliance comply with those such duties. The Supplier shall If the Provider is not a Public Authority, the Provider acknowledges that the Authority is subject to the requirements of the FOIA and will assist and cooperate co-operate with the Authority to enable it the Authority to comply with its disclosure obligations under the FOIA, Codes of Practice and Environmental Regulations. The Supplier Accordingly the Provider agrees: that this Contract and any other recorded information held by the Supplier Provider on the Authority’s behalf for the purposes of this Contract are subject to the obligations and commitments of the 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 FOIA is a decision solely for the Authority; that where if the Supplier Provider 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 to the contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Business Days) provide a copy of the request and any response to the Authority; that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier is not itself subject to the FOIA, Codes of Practice and Environmental Regulations, it will not respond to that such request (unless directed to do so by the Authority) and will promptly (and in any event within two (2) 2 Business Days) transfer the request to the Authority; that the Authority, acting in accordance with the Codes codes of Practice practice issued and revised from time to time under both section 45 of the FOIA, and regulation 16 of the Environmental RegulationsInformation Regulations 2004, may disclose information concerning the Supplier Provider and this ContractContract 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 FOIA and the Environmental RegulationsFOIA) 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 the a Authority within five (5) 5 Business Days of that such request and without charge. The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulations, the content of this Contract is not Confidential Information. Notwithstanding any other term provision of this Contract, the Supplier Provider hereby consents to the publication of this Contract in its entirety (including variations), from time to time agreed changes to this Contract 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 this Contract for publication under Clause 55.4 of this Schedule 3, pursuant to clause B38.4. the Authority may consult with the Supplier Provider to inform its decision making regarding any redactions but the final decision in relation to the redaction of information will shall be at the Authority’s absolute discretion. The Supplier shall Provider must assist and cooperate co-operate with the Authority to enable the Authority to publish this Contract. Where any 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 held by not Confidential Information or commercially sensitive information. Neither Party shall do any subcontractor of the Supplier 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 Supplier 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 procure 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 such subcontractor shall comply Party to perform any activity required for the purposes of complying with the relevant obligations set out 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 Clause 3 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 Schedule 3clause B39., as if it will notify the Authority immediately. Following such subcontractor were notification, the SupplierProvider 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, Contract for the Provision of Public Health Services
Freedom of Information and Transparency. 3.1 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. .
3.2 The Supplier shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and Environmental Regulations. The Supplier agrees: :
3.2.1 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 obligations and commitments of the Authority under the FOIA, Codes of Practice and Environmental Regulations; ;
3.2.2 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; ;
3.2.3 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 to the contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Business Days) provide a copy of the request and any response to the Authority; ;
3.2.4 that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier is not itself subject to the FOIA, Codes of Practice and Environmental Regulations, it will not respond to that request (unless directed to do so by the Authority) and will promptly (and in any event within two (2) Business Days) transfer the request to the Authority; ;
3.2.5 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 and
3.2.6 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 applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority within five (5) Business Days of that request and without charge. .
3.3 The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulations, the content of this Contract is not Confidential Information. .
3.4 Notwithstanding any other term of this Contract, the Supplier 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 provisions of the FOIA, Codes of Practice and Environmental Regulations. .
3.5 In preparing a copy of this Contract for publication under Clause 55.4 Error! Reference source not found. of this Schedule 33 of these Call-off Terms and Conditions, the Authority may consult with the Supplier 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. .
3.6 The Supplier shall assist and cooperate with the Authority to enable the Authority to publish this Contract. .
3.7 Where any information is held by any subcontractor Sub-contractor of the Supplier in connection with this Contract, the Supplier shall procure that such subcontractor Sub-contractor shall comply with the relevant obligations set out in Clause 3 of this Schedule 33 of these Call-off Terms and Conditions, as if such subcontractor Sub-contractor were the Supplier.
Appears in 2 contracts
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 shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and Environmental Regulations. The Supplier agrees: that this Contract Framework Agreement and any recorded information held by the Supplier on the Authority’s behalf for the purposes of this Contract Framework Agreement are subject to the obligations and commitments of the 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 Regulations it will liaise with the Authority as to the contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Business Days) provide a copy of the request and any response to the Authority; that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier is not itself subject to the FOIA, Codes of Practice and Environmental Regulations, it will not respond to that request (unless directed to do so by the 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 ContractFramework Agreement; and 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 applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority within five (5) Business Days of that request and without charge. The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulations, the content of this Contract Framework Agreement is not Confidential Information. Notwithstanding any other term of this ContractFramework Agreement, the Supplier consents to the publication of this Contract Framework Agreement 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 this Contract Framework Agreement for publication under Clause 55.4 45.4 of this Schedule 3, the Authority may consult with the Supplier 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 ContractFramework Agreement. Where any information is held by any subcontractor Sub-contractor of the Supplier in connection with this ContractFramework Agreement, the Supplier shall procure that such subcontractor Sub-contractor shall comply with the relevant obligations set out in Clause 3 45 of this Schedule 3, as if such subcontractor Sub-contractor were the Supplier.
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 shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and Environmental Regulations. The Supplier agrees: that this Contract Framework Agreement and any recorded information held by the Supplier on the Authority’s behalf for the purposes of this Contract Framework Agreement are subject to the obligations and commitments of the 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 Regulations it will liaise with the Authority as to the contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Business Days) provide a copy of the request and any response to the Authority; that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier is not itself subject to the FOIA, Codes of Practice and Environmental Regulations, it will not respond to that request (unless directed to do so by the 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 ContractFramework Agreement; and 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 applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority within five (5) Business Days of that request and without charge. The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulations, the content of this Contract Framework Agreement is not Confidential Information. Notwithstanding any other term of this ContractFramework Agreement, the Supplier consents to the publication of this Contract Framework Agreement 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 this Contract Framework Agreement for publication under Clause 55.4 10 of this Schedule 3, the Authority may consult with the Supplier 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 ContractFramework Agreement. Where any information is held by any subcontractor of the Supplier in connection with this ContractFramework Agreement, the Supplier shall procure that such subcontractor shall comply with the relevant obligations set out in Clause 3 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 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 shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and 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 obligations and commitments of the 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 Regulations it will liaise with the Authority as to the contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Business Days) provide a copy of the request and any response to the Authority; that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier is not itself subject to the FOIA, Codes of Practice and Environmental Regulations, it will not respond to that request (unless directed to do so by the 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 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 applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority within five (5) Business Days of that request and without charge. The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulations, the content of this Contract is not Confidential Information. Notwithstanding any other term of this Contract, the Supplier 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 provisions of the FOIA, Codes of Practice and Environmental Regulations. In preparing a copy of this Contract for publication under Clause 55.4 56.4 of this Schedule 3, the Authority may consult with the Supplier 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 Contract. Where any information is held by any subcontractor Sub-contractor of the Supplier in connection with this Contract, the Supplier shall procure that such subcontractor Sub-contractor shall comply with the relevant obligations set out in Clause 3 of this Schedule 3, as if such subcontractor Sub-contractor were the Supplier.
Appears in 1 contract
Samples: Supply of Goods Contract
Freedom of Information and Transparency. 3.1 The Parties acknowledge Provider acknowledges that the duties Authority and the Participating Authorities are subject to the requirements of Contracting Authorities under the FOIA, Codes of Practice FOIA and Environmental Regulations and shall give each other all reasonable assistance as appropriate or necessary to enable compliance with those dutiesEIR. The Supplier shall Provider must assist and cooperate co- operate with the Authority and the Participating Authorities to enable it them to comply with its their disclosure obligations under the FOIA, Codes of Practice FOIA and Environmental RegulationsEIR. The Supplier Provider agrees: :
3.1.1 that this Contract Agreement and any other recorded information held by the Supplier Provider on the Authority’s behalf for the purposes of this Contract Agreement are subject to the obligations and commitments of the Authority under the FOIA, Codes of Practice FOIA and Environmental Regulations; EIR;
3.1.2 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 FOIA is a decision solely for the Authority; ;
3.1.3 that where the Supplier Provider receives a request for information relating to the Services provided under the FOIA, Codes of Practice and Environmental Regulations this Agreement and the Supplier Provider itself is subject to the FOIAFOIA or EIR, Codes of Practice and Environmental Regulations it will liaise with the Authority as to the contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Business Operational Days) provide a copy of the request and any response to the Authority; ;
3.1.4 that where the Supplier Provider receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier Provider is not itself subject to the FOIA, Codes of Practice and Environmental RegulationsFOIA or as applicable EIR, 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 2 Operational Days) transfer the request to the Authority; ;
3.1.5 that the Authority, acting in accordance with the Codes codes of Practice practice issued and revised from time to time under both section 45 of FOIA, and regulation 16 of the Environmental RegulationsEIR, may disclose information concerning the Supplier Provider and this ContractAgreement either without consulting with the Provider, or following consultation with the Provider and having taken its views into account; and and
3.1.6 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 Regulationsor EIR) in accordance with a records management system that complies with all applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority within five (5) Business Operational Days of that request and without charge. .
3.2 The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulationsor for which an exception applies under EIR, the content of this Contract Agreement is not Confidential Information. .
3.3 Notwithstanding any other term of this ContractAgreement, the Supplier Provider consents to the publication of this Contract Agreement 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. FOIA or for which an exception applies under EIR.
3.4 In preparing a copy of this Contract Agreement for publication under Clause 55.4 paragraph 3.3 of this Schedule 32, the Authority may consult with the Supplier Provider to inform decision decision-making regarding any redactions but the final decision in relation to the redaction of information will be at the Authority’s 's absolute discretion. .
3.5 The Supplier shall Provider must assist and cooperate with the Authority to enable the Authority to publish this 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 3 of this Schedule 3, as if such subcontractor were the SupplierAgreement.
Appears in 1 contract
Samples: Framework Agreement
Freedom of Information and Transparency. 3.1 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. .
3.2 The Supplier shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and Environmental Regulations. The Supplier agrees: :
3.2.1 that this Contract Framework Agreement and any recorded information held by the Supplier on the Authority’s behalf for the purposes of this Contract Framework Agreement are subject to the obligations and commitments of the Authority under the FOIA, Codes of Practice and Environmental Regulations; ;
3.2.2 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; ;
3.2.3 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 to the contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Business Days) provide a copy of the request and any response to the Authority; ;
3.2.4 that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier is not itself subject to the FOIA, Codes of Practice and Environmental Regulations, it will not respond to that request (unless directed to do so by the Authority) and will promptly (and in any event within two (2) Business Days) transfer the request to the Authority; ;
3.2.5 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 ContractFramework Agreement; and and
3.2.6 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 applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority within five (5) Business Days of that request and without charge. .
3.3 The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulations, the content of this Contract Framework Agreement is not Confidential Information. .
3.4 Notwithstanding any other term of this ContractFramework Agreement, the Supplier consents to the publication of this Contract Framework Agreement 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. .
3.5 In preparing a copy of this Contract Framework Agreement for publication under Clause 55.4 3.4 of this Schedule 3, the Authority may consult with the Supplier 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. .
3.6 The Supplier shall assist and cooperate with the Authority to enable the Authority to publish this Contract. Framework Agreement.
3.7 Where any information is held by any subcontractor Sub-contractor of the Supplier in connection with this ContractFramework Agreement, the Supplier shall procure that such subcontractor Sub-contractor shall comply with the relevant obligations set out in Clause 3 of this Schedule 3, as if such subcontractor Sub-contractor were the Supplier.
Appears in 1 contract
Samples: Framework Agreement
Freedom of Information and Transparency. 3.1 The Parties acknowledge the duties of Contracting Authorities under the FOIA, Codes of Practice FOIA and Environmental Regulations and shall give each other all reasonable assistance as appropriate or necessary to enable compliance with those duties. .
3.2 The Supplier shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice FOIA and Environmental Regulations. The Supplier agrees: :
3.2.1 that this Contract Framework Agreement and any recorded information held by the Supplier on the Authority’s behalf for the purposes of this Contract Framework Agreement are subject to the obligations and commitments of the Authority under the FOIA, Codes of Practice FOIA and Environmental Regulations; ;
3.2.2 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 FOIA and Environmental Regulations is a decision solely for the Authority; ;
3.2.3 that where the Supplier receives a request for information under the FOIA, Codes of Practice FOIA and Environmental Regulations and the Supplier itself is subject to the FOIA, Codes of Practice FOIA and Environmental Regulations it will liaise with the Authority as to the contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Business Days) provide a copy of the request and any response to the Authority; ;
3.2.4 that where the Supplier receives a request for information under the FOIA, Codes of Practice FOIA and Environmental Regulations and the Supplier is not itself subject to the FOIA, Codes of Practice FOIA 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; ;
3.2.5 that the Authority, acting in accordance with the Codes codes of Practice 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 ContractFramework Agreement; and and
3.2.6 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 applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority within five (5) Business Days of that request and without charge. .
3.3 The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice FOIA and Environmental Regulations, the content of this Contract Framework Agreement is not Confidential Information. .
3.4 Notwithstanding any other term of this ContractFramework Agreement, the Supplier consents to the publication of this Contract Framework Agreement 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 FOIA and Environmental Regulations. .
3.5 In preparing a copy of this Contract Framework Agreement for publication under Clause 55.4 of this Schedule 3, the Authority may consult with the Supplier 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 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 3 of this Schedule 3, as if such subcontractor were the Supplier.Xxxxxx
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 shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and 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 obligations and commitments of the 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 Regulations it will liaise with the Authority as to the contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Business Days) provide a copy of the request and any response to the Authority; that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier is not itself subject to the FOIA, Codes of Practice and Environmental Regulations, it will not respond to that request (unless directed to do so by the 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 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 applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority within five (5) Business Days of that request and without charge. The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulations, the content of this Contract is not Confidential Information. Notwithstanding any other term of this Contract, the Supplier 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 provisions of the FOIA, Codes of Practice and Environmental Regulations. In preparing a copy of this Contract for publication under Clause 55.4 3.4 of this Schedule 3, the Authority may consult with the Supplier 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 Contract. Where any information is held by any subcontractor Sub-contractor of the Supplier in connection with this Contract, the Supplier shall procure that such subcontractor Sub-contractor shall comply with the relevant obligations set out in Clause 3 of this Schedule 3, as if such subcontractor Sub-contractor were the Supplier. 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 fully cooperate with any audits or investigations relating to information security and any privacy impact assessments undertaken by the Authority and shall provide full information as may be reasonably requested by the Authority in relation to such audits, investigations and assessments. Where required in accordance with the Specification and Tender Response Document, the Supplier will ensure that it puts in place and maintains an information security management plan appropriate to this 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 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 Conditions for the Provision of Services
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 shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and 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 obligations and commitments of the 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 Regulations it will liaise with the Authority as to the contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Business Days) provide a copy of the request and any response to the Authority; that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier is not itself subject to the FOIA, Codes of Practice and Environmental Regulations, it will not respond to that request (unless directed to do so by the 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 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 applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority within five (5) Business Days of that request and without charge. The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulations, the content of this Contract is not Confidential Information. Notwithstanding any other term of this Contract, the Supplier 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 provisions of the FOIA, Codes of Practice and Environmental Regulations. In preparing a copy of this Contract for publication under Clause 55.4 Error: Reference source not found of this Schedule 33 of these Call-off Terms and Conditions, the Authority may consult with the Supplier 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 Contract. Where any information is held by any subcontractor Sub-contractor of the Supplier in connection with this Contract, the Supplier shall procure that such subcontractor Sub-contractor shall comply with the relevant obligations set out in Clause 3 40 of this Schedule 33 of these Call-off Terms and Conditions, as if such subcontractor Sub-contractor were the Supplier.
Appears in 1 contract
Samples: Order Form
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 shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and 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 obligations and commitments of the 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 Regulations it will liaise with the Authority as to the contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Business Days) provide a copy of the request and any response to the Authority; that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier is not itself subject to the FOIA, Codes of Practice and Environmental Regulations, it will not respond to that request (unless directed to do so by the 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 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 applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority within five (5) Business Days of that request and without charge. The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulations, the content of this Contract is not Confidential Information. Notwithstanding any other term of this Contract, the Supplier 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 provisions of the FOIA, Codes of Practice and Environmental Regulations. In preparing a copy of this Contract for publication under Clause 55.4 43.4 of this Schedule 312 of these Call-off Terms and Conditions, the Authority may consult with the Supplier 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 Contract. Where any information is held by any subcontractor Sub-contractor of the Supplier in connection with this Contract, the Supplier shall procure that such subcontractor Sub-contractor shall comply with the relevant obligations set out in Clause 3 85 of this Schedule 312 of these Call-off Terms and Conditions, as if such subcontractor Sub-contractor were the Supplier.
Appears in 1 contract
Samples: Framework Agreement
Freedom of Information and Transparency. 3.1 The Parties acknowledge Provider acknowledges that the duties Authority and the Participating Authorities are subject to the requirements of Contracting Authorities under the FOIA, Codes of Practice FOIA and Environmental Regulations and shall give each other all reasonable assistance as appropriate or necessary to enable compliance with those dutiesEIR. The Supplier shall Provider must assist and cooperate co- operate with the Authority and the Participating Authorities to enable it them to comply with its their disclosure obligations under the FOIA, Codes of Practice FOIA and Environmental RegulationsEIR. The Supplier Provider agrees: :
3.1.1 that this Contract Framework Agreement and any other recorded information held by the Supplier Provider on the Authority’s behalf for the purposes of this Contract Framework Agreement are subject to the obligations and commitments of the Authority under the FOIA, Codes of Practice FOIA and Environmental Regulations; EIR;
3.1.2 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 FOIA is a decision solely for the Authority; ;
3.1.3 that where the Supplier Provider receives a request for information relating to the Services provided under the FOIA, Codes of Practice and Environmental Regulations this Agreement and the Supplier Provider itself is subject to the FOIAFOIA or EIR, Codes of Practice and Environmental Regulations it will liaise with the Authority as to the contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Business Operational Days) provide a copy of the request and any response to the Authority; ;
3.1.4 that where the Supplier Provider receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier Provider is not itself subject to the FOIA, Codes of Practice and Environmental RegulationsFOIA or as applicable EIR, 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 2 Operational Days) transfer the request to the Authority; ;
3.1.5 that the Authority, acting in accordance with the Codes codes of Practice 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 Provider and this ContractFramework Agreement either without consulting with the Provider, or following consultation with the Provider and having taken its views into account; and and
3.1.6 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 Regulationsor EIR) in accordance with a records management system that complies with all applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority within five (5) Business Operational Days of that request and without charge. .
3.2 The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulationsor for which an exception applies under EIR, the content of this Contract Framework Agreement is not Confidential Information. .
3.3 Notwithstanding any other term of this ContractFramework Agreement, the Supplier Provider consents to the publication of this Contract Framework Agreement 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. FOIA or for which an exception applies under EIR.
3.4 In preparing a copy of this Contract Framework Agreement for publication under Clause 55.4 paragraph 3.3 of this Schedule 32, the Authority may consult with the Supplier Provider to inform decision decision- making regarding any redactions but the final decision in relation to the redaction of information will be at the Authority’s 's absolute discretion. .
3.5 The Supplier shall Provider must assist and cooperate with the Authority to enable the Authority to publish this 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 3 of this Schedule 3, as if such subcontractor were the SupplierFramework Agreement.
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 shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and 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 obligations and commitments of the 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 Regulations it will liaise with the Authority as to the contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Business Days) provide a copy of the request and any response to the Authority; that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier is not itself subject to the FOIA, Codes of Practice and Environmental Regulations, it will not respond to that request (unless directed to do so by the 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 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 applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority within five (5) Business Days of that request and without charge. The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulations, the content of this Contract is not Confidential Information. Notwithstanding any other term of this Contract, the Supplier 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 provisions of the FOIA, Codes of Practice and Environmental Regulations. In preparing a copy of this Contract for publication under Clause 55.4 4.4 of this Schedule 3, the Authority may consult with the Supplier 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 Contract. Where any information is held by any subcontractor Sub-contractor of the Supplier in connection with this Contract, the Supplier shall procure that such subcontractor Sub-contractor shall comply with the relevant obligations set out in Clause 3 of this Schedule 3, as if such subcontractor Sub-contractor were the Supplier. 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 fully cooperate with any audits or investigations relating to information security and any privacy impact assessments undertaken by the Authority and shall provide full information as may be reasonably requested by the Authority in relation to such audits, investigations and assessments. Where required in accordance with the Specification and Tender Response Document, the Supplier will ensure that it puts in place and maintains an information security management plan appropriate to this 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 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 Conditions for the Provision of Services
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 shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and 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 obligations and commitments of the 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 Regulations it will liaise with the Authority as to the contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Business Days) provide a copy of the request and any response to the Authority; that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier is not itself subject to the FOIA, Codes of Practice and Environmental Regulations, it will not respond to that request (unless directed to do so by the 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 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 applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority within five (5) Business Days of that request and without charge. The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulations, the content of this Contract is not Confidential Information. Notwithstanding any other term of this Contract, the Supplier 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 provisions of the FOIA, Codes of Practice and Environmental Regulations. In preparing a copy of this Contract for publication under Clause 55.4 32.4 of this Schedule 3, the Authority may consult with the Supplier 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 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 3 of this Schedule 3, as if such subcontractor were the Supplier.
Appears in 1 contract
Samples: NHS Terms and Conditions for the Provision of Services
Freedom of Information and Transparency. 3.1 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 .
3.2 Each Party shall assist and cooperate with the Authority other to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and Environmental Regulations. The Supplier agrees: Parties agree:
3.2.1 that this Contract contract and any recorded information held by the Supplier one Party on the Authorityother’s behalf for the purposes of this Contract contract are subject to the obligations and commitments of the Authority under the FOIA, Codes of Practice and Environmental Regulations; ;
3.2.2 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; Party receiving such a request;
3.2.3 that where the Supplier a Party receives a request for information under the FOIA, Codes of Practice and Environmental Regulations in relation to this contract and/or its subject matter, and the Supplier that Party itself is subject to the FOIA, Codes of Practice and Environmental Regulations it will liaise with the Authority other Party as to the contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Business Days) provide a copy of the request and any response to the Authority; other Party;
3.2.4 that where the Supplier Provider receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier Provider 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; ;
3.2.5 that the Authorityeither Party, 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 other Party and this Contractcontract; and and
3.2.6 to assist the Authority other Party 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 applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority other Party within five (5) Business Days of that request and without charge. .
3.3 The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulations, the content of this Contract contract is not Confidential Information. .
3.4 Notwithstanding any other term of this Contractcontract, the Supplier consents Parties consent to the publication of this Contract contract 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. .
3.5 In preparing a copy of this Contract contract for publication under Clause 55.4 paragraph Schedule 53.4 of this Schedule 35, the Authority XXX may consult with the Supplier Provider to inform decision making regarding any redactions but the final decision in relation to the redaction of information will be at the AuthorityHEE’s absolute discretion. .
3.6 The Supplier Provider shall assist and cooperate with the Authority XXX to enable the Authority XXX to publish this Contract. contract.
3.7 Where any information is held by any subcontractor Sub-contractor of the Supplier Provider in connection with this Contractcontract, the Supplier Provider shall procure that such subcontractor Sub-contractor shall comply with the relevant obligations set out in Clause 3 paragraph 74 of this Schedule 35, as if such subcontractor Sub- contractor were the SupplierProvider.
Appears in 1 contract
Samples: NHS Education and Training Contract
Freedom of Information and Transparency. 3.1 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. .
3.2 The Supplier shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and Environmental Regulations. The Supplier agrees: :
3.2.1 that this Contract Framework Agreement and any recorded information held by the Supplier on the Authority’s behalf for the purposes of this Contract Framework Agreement are subject to the obligations and commitments of the Authority under the FOIA, Codes of Practice and Environmental Regulations; ;
3.2.2 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; ;
3.2.3 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 to the contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Business Days) provide a copy of the request and any response to the Authority; ;
3.2.4 that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier is not itself subject to the FOIA, Codes of Practice and Environmental Regulations, it will not respond to that request (unless directed to do so by the Authority) and will promptly (and in any event within two (2) Business Days) transfer the request to the Authority; ;
3.2.5 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 ContractFramework Agreement; and and
3.2.6 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 applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority within five (5) Business Days of that request and without charge. The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulations, the content of this Contract is not Confidential Information. Notwithstanding any other term of this Contract, the Supplier 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 provisions of the 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 Authority may consult with the Supplier 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 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 3 of this Schedule 3, as if such subcontractor were the Supplier.section
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 shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and 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 obligations and commitments of the 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 Regulations it will liaise with the Authority as to the contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Business Days) provide a copy of the request and any response to the Authority; that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier is not itself subject to the FOIA, Codes of Practice and Environmental Regulations, it will not respond to that request (unless directed to do so by the 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 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 applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority within five (5) Business Days of that request and without charge. The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulations, the content of this Contract is not Confidential Information. Notwithstanding any other term of this Contract, the Supplier 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 provisions of the FOIA, Codes of Practice and Environmental Regulations. In preparing a copy of this Contract for publication under Clause 55.4 3.4 of this Schedule 3, the Authority may consult with the Supplier 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 Contract. Where any information is held by any subcontractor Sub-contractor of the Supplier in connection with this Contract, the Supplier shall procure that such subcontractor Sub-contractor shall comply with the relevant obligations set out in Clause 3 of this Schedule 3, as if such subcontractor Sub-contractor were the Supplier. 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 fully cooperate with any audits or investigations relating to information security and any privacy impact assessments undertaken by the Authority and shall provide full information as may be reasonably requested by the Authority in relation to such audits, investigations and assessments. Where required in accordance with the Specification and Tender Response Document, the Supplier will ensure that it puts in place and maintains an information security management plan appropriate to this 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 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 Conditions for the Provision of Services
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 shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and 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 obligations and commitments of the 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 Regulations it will liaise with the Authority as to the contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Business Days) provide a copy of the request and any response to the Authority; that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier is not itself subject to the FOIA, Codes of Practice and Environmental Regulations, it will not respond to that request (unless directed to do so by the 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 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 applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority within five (5) Business Days of that request and without charge. The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulations, the content of this Contract is not Confidential Information. Notwithstanding any other term of this Contract, the Supplier 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 provisions of the FOIA, Codes of Practice and Environmental Regulations. In preparing a copy of this Contract for publication under Clause 55.4 Xxxxxx 1910 of this Schedule 314 of these Call-off Terms and Conditions, the Authority may consult with the Supplier 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 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 3 7 of this Schedule 314 of these Call-off Terms and Conditions, as if such subcontractor were the Supplier.
Appears in 1 contract
Samples: Framework Agreement
Freedom of Information and Transparency. 3.1 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. .
3.2 The Supplier shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and Environmental Regulations. The Supplier agrees: :
3.2.1 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 obligations and commitments of the Authority under the FOIA, Codes of Practice and Environmental Regulations; ;
3.2.2 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; ;
3.2.3 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 to the contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Business Days) provide a copy of the request and any response to the Authority; ;
3.2.4 that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier is not itself subject to the FOIA, Codes of Practice and Environmental Regulations, it will not respond to that request (unless directed to do so by the Authority) and will promptly (and in any event within two (2) Business Days) transfer the request to the Authority; ;
3.2.5 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 Revision: 5 January 2018 Page 51 of 78 NHS Supply Chain Operated by DHL Supply Chain Limited acting as agent of Supply Chain Coordination Ltd (SCCL) (registered number 00528867)
3.2.6 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 applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority within five (5) Business Days of that request and without charge. .
3.3 The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulations, the content of this Contract is not Confidential Information. .
3.4 Notwithstanding any other term of this Contract, the Supplier 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 provisions of the FOIA, Codes of Practice and Environmental Regulations. .
3.5 In preparing a copy of this Contract for publication under Clause 55.4 3.4 of this Schedule 3, the Authority may consult with the Supplier 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. .
3.6 The Supplier shall assist and cooperate with the Authority to enable the Authority to publish this Contract. Contract and shall comply with the Transparency Guidance if and when applicable.
3.7 Where any information is held by any subcontractor Sub-contractor of the Supplier in connection with this Contract, the Supplier shall procure that such subcontractor Sub-contractor shall comply with the relevant obligations set out in Clause 3 of this Schedule 3, as if such subcontractor Sub- contractor were the Supplier.
Appears in 1 contract
Samples: Call Off Terms and Conditions for the Supply of Goods
Freedom of Information and Transparency. 3.1 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. .
3.2 The Supplier Suppliers shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and Environmental Regulations. The Supplier agrees: Suppliers agree:
3.2.1 that this Contract DPS Framework Agreement and any recorded information held by the Supplier Suppliers on the Authority’s behalf for the purposes of this Contract DPS Framework Agreement are subject to the obligations and commitments of the Authority under the FOIA, Codes of Practice and Environmental Regulations; ;
3.2.2 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; ;
3.2.3 that where the Supplier receives Suppliers receive a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier itself is Suppliers themselves are subject to the FOIA, Codes of Practice and Environmental Regulations it will liaise with the Authority as to the contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Business Days) provide a copy of the request and any response to the Authority; ;
3.2.4 that where the Supplier receives Suppliers receive a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier is Suppliers are not itself themselves subject to the FOIA, Codes of Practice and Environmental Regulations, it they 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; ;
3.2.5 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 Suppliers and this ContractDPS Framework Agreement; and and
3.2.6 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 applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority within five (5) Business Days of that request and without charge. The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulations, the content of this Contract is not Confidential Information. Notwithstanding any other term of this Contract, the Supplier 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 provisions of the 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 Authority may consult with the Supplier 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 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 3 of this Schedule 3, as if such subcontractor were the Supplier.five
Appears in 1 contract
Freedom of Information and Transparency. 3.1 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. .
3.2 The Supplier shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and Environmental Regulations. The Supplier agrees: :
3.2.1 that this Contract Framework Agreement and any recorded information held by the Supplier on the Authority’s behalf for the purposes of this Contract Framework Agreement are subject to the obligations and commitments of the Authority under the FOIA, Codes of Practice and Environmental Regulations; ;
3.2.2 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; ;
3.2.3 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 to the contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Business Days) provide a copy of the request and any response to the Authority; ;
3.2.4 that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier is not itself subject to the FOIA, Codes of Practice and Environmental Regulations, it will not respond to that request (unless directed to do so by the Authority) and will promptly (and in any event within two (2) Business Days) transfer the request to the Authority; ;
3.2.5 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 ContractFramework Agreement; and and
3.2.6 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 applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority within five (5) Business Days of that request and without charge. .
3.3 The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulations, the content of this Contract Framework Agreement is not Confidential Information. .
3.4 Notwithstanding any other term of this ContractFramework Agreement, the Supplier consents to the publication of this Contract Framework Agreement 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. .
3.5 In preparing a copy of this Contract Framework Agreement for publication under Clause 55.4 3.4 of this Schedule 3, the Authority may consult with the Supplier 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. .
3.6 The Supplier shall assist and cooperate with the Authority to enable the Authority to publish this Contract. Framework Agreement.
3.7 Where any information is held by any subcontractor of the Supplier in connection with this ContractFramework Agreement, the Supplier shall procure that such subcontractor shall comply with the relevant obligations set out in Clause 3 of this Schedule 3, as if such subcontractor were the Supplier.
Appears in 1 contract
Samples: Framework Agreement
Freedom of Information and Transparency. 3.1 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. .
3.2 The Supplier shall assist and cooperate with the Authority Trust to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and Environmental Regulations. The Supplier agrees: :
(a) that this Contract and any recorded information held by the Supplier on the AuthorityTrust’s behalf for the purposes of this Contract are subject to the obligations and commitments of the Authority Trust under the FOIA, Codes of Practice and Environmental Regulations; ;
(b) 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; Trust;
(c) 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 Trust as to the contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Business Days) provide a copy of the request and any response to the Authority; Trust;
(d) that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier is not itself subject to the FOIA, Codes of Practice and Environmental Regulations, it will not respond to that request (unless directed to do so by the AuthorityTrust) and will promptly (and in any event within two (2) Business Days) transfer the request to the Authority; Trust;
(e) that the AuthorityTrust, 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 and
(f) to assist the Authority Trust 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 applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information DocuSign Envelope ID: 51A55186-24C3-4C45-AD2E-8E05A20EFD94 requested by the Authority Trust within five (5) Business Days of that request and without charge. .
3.3 The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulations, the content of this Contract is not Confidential Information. .
3.4 Notwithstanding any other term of this Contract, the Supplier 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 provisions of the FOIA, Codes of Practice and Environmental Regulations. .
3.5 In preparing a copy of this Contract for publication under Clause 55.4 3.4 of this Schedule 3, the Authority Trust may consult with the Supplier to inform decision making regarding any redactions but the final decision in relation to the redaction of information will be at the AuthorityTrust’s absolute discretion. .
3.6 The Supplier shall assist and cooperate with the Authority Trust to enable the Authority Trust to publish this Contract. .
3.7 Where any information is held by any subcontractor Sub-contractor of the Supplier in connection with this Contract, the Supplier shall procure that such subcontractor Sub-contractor shall comply with the relevant obligations set out in Clause 3 of this Schedule 3, as if such subcontractor Sub- contractor were the Supplier.
Appears in 1 contract
Samples: Contract for the Provision of Analytics Software as a Service
Freedom of Information and Transparency. 3.1 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. .
3.2 The Supplier shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and Environmental Regulations. The Supplier agrees: :
3.2.1 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 obligations and commitments of the Authority under the FOIA, Codes of Practice and Environmental Regulations; ;
3.2.2 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; THHNHSFT Terms and Conditions for the Provision of Services (Contract Version) (August 2013) Page 56 of 87
3.2.3 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 to the contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Business Days) provide a copy of the request and any response to the Authority; ;
3.2.4 that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier is not itself subject to the FOIA, Codes of Practice and Environmental Regulations, it will not respond to that request (unless directed to do so by the Authority) and will promptly (and in any event within two (2) Business Days) transfer the request to the Authority; ;
3.2.5 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 and
3.2.6 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 applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority within five (5) Business Days of that request and without charge. .
3.3 The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulations, the content of this Contract is not Confidential Information. .
3.4 Notwithstanding any other term of this Contract, the Supplier 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 provisions of the FOIA, Codes of Practice and Environmental Regulations. .
3.5 In preparing a copy of this Contract for publication under Clause 55.4 3.4 of this Schedule 3, the Authority may consult with the Supplier 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. .
3.6 The Supplier shall assist and cooperate with the Authority to enable the Authority to publish this Contract. .
3.7 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 3 of this Schedule 3, as if such subcontractor were the Supplier.. THHNHSFT Terms and Conditions for the Provision of Services (Contract Version) (August 2013) Page 57 of 87
Appears in 1 contract
Samples: Service 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 shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and Environmental Regulations. The Supplier agrees: that this Contract an MIA Call-Off Agreement and any recorded information held by the Supplier on the Authority’s behalf for the purposes of this Contract the MIA Call-Off Agreement are subject to the obligations and commitments of the 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 Regulations it will liaise with the Authority as to the contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Business Days) provide a copy of the request and any response to the Authority; that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier is not itself subject to the FOIA, Codes of Practice and Environmental Regulations, it will not respond to that request (unless directed to do so by the 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 Contractthe MIA Call-Off Agreement; and 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 applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority within five (5) Business Days of that request and without charge. The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulations, the content of this Contract an MIA Call-Off Agreement is not Confidential Information. Notwithstanding any other term of this Contractan MIA Call-Off Agreement, the Supplier consents to the publication of this Contract the MIA Call-Off Agreement 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 this Contract the MIA Call-Off Agreement for publication under Clause 55.4 4.4 of this Schedule 31, the Authority may consult with the Supplier 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 Contractan MIA Call-Off Agreement. Where any information is held by any subcontractor of the Supplier in connection with this Contractan MIA Call-Off Agreement, the Supplier shall procure that such subcontractor shall comply with the relevant obligations set out in Clause 3 4 of this Schedule 31, as if such subcontractor were the Supplier.
Appears in 1 contract
Samples: Indemnification & Liability
Freedom of Information and Transparency. 2.1 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. .
2.2 The Supplier shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and Environmental Regulations. The Supplier agrees: :
2.2.1 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 obligations and commitments of the Authority under the FOIA, Codes of Practice and Environmental Regulations; ;
2.2.2 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; ;
2.2.3 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 to the contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Business Days) provide a copy of the request and any response to the Authority; ;
2.2.4 that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier is not itself subject to the FOIA, Codes of Practice and Environmental Regulations, it will not respond to that request (unless directed to do so by the Authority) and will promptly (and in any event within two (2) Business Days) transfer the request to the Authority; ;
2.2.5 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 and
2.2.6 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 applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority within five (5) Business Days of that request and without charge. The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulations, the content of this Contract is not Confidential Information. .
2.3 Notwithstanding any other term of this Contract, the Supplier consents to the publication of this Contract in its entirety (including variations), subject only to the redaction of information relating to the and any other information that is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulations. .
2.4 In preparing any disclosure under Clause 2 of this Schedule 3 or a copy of this Contract for publication under Clause 55.4 2.3 of this Schedule 3, the Authority may shall give the Supplier as much notice as is reasonably practical of any request made for disclosure, and shall consult with the Supplier and give it a reasonable period to make representations 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. .
2.5 The Supplier acknowledges that the Authority is subject to the transparency obligations set out in the Crown Commercial Services’ Procurement Policy Note 02/17 (as amended or replaced from time time) and shall assist and cooperate with the Authority to enable and facilitate the Authority to publish comply with its obligations thereunder including but not limited to publishing this Contract. , subject to the provisions of Clause 2.3 of this Schedule 3.
2.6 Where any information is held by any subcontractor Sub-contractor of the Supplier in connection with this Contract, the Supplier shall procure that such subcontractor Sub- contractor shall comply with the relevant obligations set out in this Clause 3 2 of this Schedule 3, as if such subcontractor Sub-contractor were the Supplier.
Appears in 1 contract
Samples: Supply 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 shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and 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 obligations and commitments of the 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 Regulations it will liaise with the Authority as to the contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Business Days) provide a copy of the request and any response to the Authority; that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier is not itself subject to the FOIA, Codes of Practice and Environmental Regulations, it will not respond to that request (unless directed to do so by the 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 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 applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority within five (5) Business Days of that request and without charge. The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulations, the content of this Contract is not Confidential Information. Notwithstanding any other term of this Contract, the Supplier 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 provisions of the FOIA, Codes of Practice and Environmental Regulations. In preparing a copy of this Contract for publication under Clause 55.4 84.4 of this Schedule 312 of these Call-off Terms and Conditions, the Authority may consult with the Supplier 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 Contract. Where any information is held by any subcontractor Sub-contractor of the Supplier in connection with this Contract, the Supplier shall procure that such subcontractor Sub-contractor shall comply with the relevant obligations set out in Clause 3 84 of this Schedule 312 of these Call-off Terms and Conditions, as if such subcontractor Sub-contractor were the Supplier.
Appears in 1 contract
Samples: Framework Agreement
Freedom of Information and Transparency. 3.1 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. .
3.2 The Supplier Suppliers shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and Environmental Regulations. The Supplier agrees: Suppliers agree:
3.2.1 that this Contract DPS Framework Agreement and any recorded information held by the Supplier Suppliers on the Authority’s behalf for the purposes of this Contract DPS Framework Agreement are subject to the obligations and commitments of the Authority under the FOIA, Codes of Practice and Environmental Regulations; ;
3.2.2 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; ;
3.2.3 that where the Supplier receives Suppliers receive a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier itself is Suppliers themselves are subject to the FOIA, Codes of Practice and Environmental Regulations it will liaise with the Authority as to the contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Business Days) provide a copy of the request and any response to the Authority; ;
3.2.4 that where the Supplier receives Suppliers receive a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier is Suppliers are not itself themselves subject to the FOIA, Codes of Practice and Environmental Regulations, it they 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; ;
3.2.5 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 Suppliers and this ContractDPS Framework Agreement; and and
3.2.6 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 applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority within five (5) Business Days of that request and without charge. .
3.3 The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulations, the content of this Contract DPS Framework Agreement is not Confidential Information. .
3.4 Notwithstanding any other term of this ContractDPS Framework Agreement, the Supplier consents Suppliers consent to the publication of this Contract DPS Framework Agreement 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. .
3.5 In preparing a copy of this Contract DPS Framework Agreement for publication under Clause 55.4 3.4 of this Schedule 36, the Authority may consult with the Supplier Suppliers to inform the Authority’s decision making regarding any redactions but the final decision in relation to the redaction of information will be at the Authority’s absolute discretion. .
3.6 The Supplier Suppliers shall assist and cooperate with the Authority to enable the Authority to publish this Contract. DPS Framework Agreement.
3.7 Where any information is held by any subcontractor of the Supplier Suppliers in connection with this ContractDPS Framework Agreement, the Supplier Suppliers shall procure that such subcontractor shall comply with the relevant obligations set out in Clause 3 of this Schedule 36, as if such subcontractor were the SupplierSuppliers.
Appears in 1 contract
Freedom of Information and Transparency. 3.1 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. .
3.2 The Supplier shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and Environmental Regulations. The Supplier agrees: :
3.2.1 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 obligations and commitments of the Authority under the FOIA, Codes of Practice and Environmental Regulations; ;
3.2.2 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; ;
3.2.3 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 to the contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Business Days) provide a copy of the request and any response to the Authority; ;
3.2.4 that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier is not itself subject to the FOIA, Codes of Practice and Environmental Regulations, it will not respond to that request (unless directed to do so by the Authority) and will promptly (and in any event within two (2) Business Days) transfer the request to the Authority; ;
3.2.5 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 and
3.2.6 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 applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by the Authority within five (5) Business Days of that request and without charge. .
3.3 The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulations, the content of this Contract is not Confidential Information. .
3.4 Notwithstanding any other term of this Contract, the Supplier 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 provisions of the FOIA, Codes of Practice and Environmental Regulations. .
3.5 In preparing a copy of this Contract for publication under Clause 55.4 3.4 of this Schedule 33 of these Call-off Terms and Conditions, the Authority may consult with the Supplier 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. .
3.6 The Supplier shall assist and cooperate with the Authority to enable the Authority to publish this Contract. .
3.7 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 3 of this Schedule 33 of these Call-off Terms and Conditions, as if such subcontractor were the Supplier.
Appears in 1 contract
Samples: Framework Agreement