Common use of Freedom of Information and Transparency Clause in Contracts

Freedom of Information and Transparency. The Parties acknowledge their respective duties under the FOIA and shall give all reasonable assistance to each other where appropriate or necessary to comply with such duties. If the Company is not a public authority, the Company acknowledges that EFDC is subject to the requirements of the FOIA and will assist and co-operate EFDC to enable it to comply with its disclosure obligations under the FOIA. Accordingly the Company agrees: that this Agreement and any other recorded information held by the Company on EFDC’s behalf for the purposes of this Agreement are subject to the obligations and commitments of EFDC under the FOIA; that the decision on whether any exemption to the general obligations of public access to information applies to any request for information received under the FOIA is a decision solely for EFDC; that if the Company receives a request for information under the FOIA, it will not respond to such request (unless directed to do so by EFDC) and will promptly (and in any event within 2 working days) transfer the request to EFDC; that EFDC, acting in accordance with the codes of practice issued and revised from time to time under both section 45 of the FOIA, and regulation 16 of the Environmental Information Regulations 2004, may disclose information concerning the Company and this Agreement without consulting with the Company, or following consultation with the Company and having taken its views into account; and to assist EFDC in responding to a request for information, by processing information or environmental information (as the same are defined in the FOIA) in accordance with a records management system that complies with all applicable records management recommendations and codes of conduct issued under section 46 of the FOIA, and providing copies of all information requested by an authority within 5 working days of such request and without charge. The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, the content of this Agreement is not Confidential Information. In preparing a copy of this Agreement for publication pursuant to clause 16.4 EFDC may consult with the Company to inform its decision making regarding any redactions but the final decision in relation to the redaction of information shall be at EFDC’s absolute discretion. The Company shall assist and co-operate with EFDC to enable EFDC to publish this Agreement. The Company shall comply with any requirements (including compliance with any appropriate information assurance scheme and the Computer Misuse Act 1990) in relation to its security policies, procedures and control of Confidential Information, Personal Data and Special Categories of Data. The Company shall be responsible for any costs associated with compliance with the provisions of this clause 16. The Company shall indemnify EFDC and shall keep EFDC indemnified against Losses and Indirect Losses suffered or incurred by EFDC as a result of any breach of this clause 16. The Parties acknowledge that damages may not be an adequate remedy for any breach of this clause 16 and in addition to any right to damages EFDC shall be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of this clause 16. This clause 16 shall not limit the Public Xxxxxxxx Xxxxxxxxxx Xxx 0000 in any way whatsoever.

Appears in 2 contracts

Samples: Shareholders' Agreement, Shareholders' Agreement

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Freedom of Information and Transparency. The Parties 1.1 We acknowledge their respective duties under the FOIA and shall give all reasonable assistance to each other where appropriate or necessary to comply with such duties. If the Company is not a public authority, the Company acknowledges that EFDC is certain Participants are subject to the requirements of the FOIA and EIR. We will assist and co-operate EFDC with each Participant to enable it to comply with its disclosure obligations under the FOIAFOIA and EIR. Accordingly the Company agrees: We agree: (a) that this Agreement and any other recorded information held by the Company on EFDC’s behalf any of Us for the purposes of this Agreement are subject to the obligations and commitments of EFDC under the FOIA; Participants that are subject to the FOIA and EIR; (b) that the decision on whether any exemption to the general obligations of public access to information under FOIA or exception under EIR applies to any request for information received under the FOIA is a decision solely for EFDC; the Participant to whom a request for information is addressed; (c) that if the Company where a Participant receives a request for information under relating to this Agreement, it will liaise with the FOIAAlliance Leadership Team as to the contents of any response before a response to a request is issued and will promptly (and in any event within 2 Business Days) provide a copy of the request and any response to the Alliance Leadership Team; (d) that where a Participant receives a request for information and the Participant is not itself subject to FOIA or as applicable EIR, it will not respond to such that request (unless directed to do so by EFDCthe Participant to whom the request relates) and will promptly (and in any event within 2 working daysBusiness Days) transfer the request to EFDC; the Alliance Leadership Team; (e) that EFDCany Participant, acting in accordance with the codes of practice issued and revised from time to time under both section 45 of the FOIA, FOIA and regulation 16 of the Environmental Information Regulations 2004EIR, may disclose information concerning the Company another Participant and this Agreement either without consulting with the Companyrelevant Participant, or following consultation with the Company Participant and having taken its views into accountaccount provided always that in the case of information covered by paragraph 9.2 of Part 1 of Schedule 3 the relevant Participant(s) and the Chair shall be consulted and their views taken into account before any information is disclosed; (f) that any request for an internal review or correspondence with the Information Commissioner received by a Participant or appeal to the First Tier Tribunal (Information Rights) to which a Participant is a party that concerns information covered by paragraph 9.2 of Part 1 of Schedule 3 shall be notified to the relevant Participant(s) and the Chair, who shall each be consulted and their views taken into account before a formal response is provided; and [and] (g) to assist EFDC each Participant in responding to a request for information, by processing information or environmental information (as the same are defined in the FOIAFOIA or 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 the FOIA, and providing copies of all information requested by an authority that Participant within 5 working days Business Days of such 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, the content of this Agreement is not Confidential Information. In preparing a copy of this Agreement for publication pursuant to clause 16.4 EFDC may consult with the Company to inform its decision making regarding any redactions but the final decision in relation to the redaction of information shall be at EFDC’s absolute discretion. The Company shall assist and co-operate with EFDC to enable EFDC to publish this Agreement. The Company shall comply with any requirements (including compliance with any appropriate information assurance scheme and the Computer Misuse Act 1990) in relation to its security policies, procedures and control of Confidential Information, Personal Data and Special Categories of Data. The Company shall be responsible for any costs associated with compliance with the provisions of this clause 16. The Company shall indemnify EFDC and shall keep EFDC indemnified against Losses and Indirect Losses suffered or incurred by EFDC as a result of any breach of this clause 16. The Parties acknowledge that damages may not be an adequate remedy for any breach of this clause 16 and in addition to any right to damages EFDC shall be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of this clause 16. This clause 16 shall not limit the Public Xxxxxxxx Xxxxxxxxxx Xxx 0000 in any way whatsoever.

Appears in 1 contract

Samples: Alliance Agreement

Freedom of Information and Transparency. 23.7.1 The Parties acknowledge their respective duties under the FOIA and shall give all reasonable assistance to each other where appropriate or necessary to comply with such duties. . 23.7.2 If the Company Care Home Provider is not a public authorityCouncil, the Company Care Home Provider acknowledges that EFDC the Council is subject to the requirements of the FOIA and will assist and co-operate EFDC with the Council to enable it the Council to comply with its disclosure obligations under the FOIA. Accordingly the Company Care Home Provider agrees: : (a) that this Agreement and any other recorded information held by the Company Care Home Provider on EFDCthe Council’s behalf for the purposes of this Agreement are subject to the obligations and commitments of EFDC the Council under the FOIA; ; (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 is a decision solely for EFDC; the Council; (c) that if the Company Care Home Provider receives a request for information under the FOIA, it will not respond to such request (unless directed to do so by EFDCthe Council) and will promptly (and in any event within 2 working days) transfer the request to EFDC; the Council; (d) that EFDCthe Council, acting in accordance with the codes of practice issued and revised from time to time under both section 45 of the FOIA, and regulation 16 of the Environmental Information Regulations 2004, may disclose information concerning the Company Care Home Provider and this Agreement either without consulting with the CompanyCare Home Provider, or following consultation with the Company Care Home Provider and having taken its views into account; and and (e) to assist EFDC the Council in responding to a request for information, by processing information or environmental information (as the same are defined in the FOIA) in accordance with a records management system that complies with all applicable records management recommendations and codes of conduct issued under section 46 of the FOIA, and providing copies of all information requested by an authority Council within 5 Five (5) working days of such request and without charge. . 23.7.3 The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, the content of this Information Classification: CONTROLLED Agreement is not Confidential Information. . 23.7.4 Notwithstanding any other provision of this Agreement, the Care Home Provider hereby consents to the publication of this Agreement in its entirety including from time to time agreed changes to this Agreement subject to the redaction of information that is exempt from disclosure in accordance with the provisions of the FOIA. 23.7.5 In preparing a copy of this Agreement for publication pursuant to clause 16.4 EFDC 23.7.4 the Council may consult with the Company Care Home Provider to inform its decision making regarding any redactions but the final decision in relation to the redaction of information shall be at EFDCthe Council’s absolute discretion. . 23.7.6 The Company Care Home Provider shall assist and co-operate with EFDC the Council to enable EFDC the Council to publish this Agreement. The Company shall . 23.7.7 In order to comply with any requirements (including compliance with any appropriate the Government’s policy on transparency in the areas of contracts and procurement the Council will be disclosing information assurance scheme and the Computer Misuse Act 1990) on its website in relation to its security policies, procedures and control of Confidential Information, Personal Data and Special Categories of Dataexpenditure over Five Hundred Pounds [£500] in relation to this Agreement. The Company shall be responsible information will include the Care Home Provider’s name and the total fees paid to the Provider for any costs associated with compliance with the provisions of this clause 16. The Company shall indemnify EFDC and shall keep EFDC indemnified against Losses and Indirect Losses suffered or incurred by EFDC as a result of any breach of this clause 16year under the Agreement. The Parties acknowledge that this information is not Confidential Information or commercially sensitive information. For the avoidance of doubt Personal Information or the IPA will not be disclosed. 23.7.8 The Parties acknowledge that damages may would not be an adequate remedy for any breach of this clause 16 23 by the Receiving Party, and in addition to any right to damages EFDC the Disclosing Party shall be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of this clause 16. This clause 16 shall not limit the Public Xxxxxxxx Xxxxxxxxxx Xxx 0000 in any way whatsoever23.

Appears in 1 contract

Samples: Agreement for the Provision of Residential and Nursing Care

Freedom of Information and Transparency. The Parties 1.1 We acknowledge their respective duties under the FOIA and shall give all reasonable assistance to each other where appropriate or necessary to comply with such duties. If the Company is not a public authority, the Company acknowledges that EFDC is certain Participants are subject to the requirements of the FOIA and EIR. We will assist and co-operate EFDC with each Participant to enable it to comply with its disclosure obligations under the FOIAFOIA and EIR. Accordingly the Company agrees: We agree: (a) that this Agreement and any other recorded information held by the Company on EFDC’s behalf any of Us for the purposes of this Agreement are subject to the obligations and commitments of EFDC under the FOIA; Participants that are subject to the FOIA and EIR; (b) that the decision on whether any exemption to the general obligations of public access to information under FOIA or exception under EIR applies to any request for information received under the FOIA is a decision solely for EFDC; the Participant to whom a request for information is addressed; (c) that if the Company where a Participant receives a request for information under relating to this Agreement, it will liaise with the FOIAIntegration Leadership Team as to the contents of any response before a response to a request is issued and will promptly (and in any event within 2 Business Days) provide a copy of the request and any response to the Integration Leadership Team; (d) that where a Participant receives a request for information and the Participant is not itself subject to FOIA or as applicable EIR, it will not respond to such that request (unless directed to do so by EFDCthe Participant to whom the request relates) and will promptly (and in any event within 2 working daysBusiness Days) transfer the request to EFDC; the Integration Leadership Team; (e) that EFDCany Participant, acting in accordance with the codes of practice issued and revised from time to time under both section 45 of the FOIA, FOIA and regulation 16 of the Environmental Information Regulations 2004EIR, may disclose information concerning the Company another Participant and this Agreement either without consulting with the Companyrelevant Participant, or following consultation with the Company Participant and having taken its views into account; account provided always that in the case of information covered by paragraph 4.4 of Part 1 of Schedule 4 the relevant Participant(s) and the Chair must be consulted and their views taken into account before any information is disclosed; (f) that any request for an internal review or correspondence with the Information Commissioner received by a Participant or appeal to the First Tier Tribunal (Information Rights) to which a Participant is a party that concerns information covered by paragraph 4.4 of Part 1 of Schedule 4 must be notified to the relevant Participant(s) and the Chair, who must each be consulted and their views taken into account before a formal response is provided; (g) to assist EFDC each Participant in responding to a request for information, by processing information or environmental information (as the same are defined in the FOIAFOIA or 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 the FOIA, and providing copies of all information requested by an authority that Participant within 5 working days Business Days of such that request and without charge. The Parties ; and (h) that the Alliance Leadership Team and the Alliance Management Team hold information on behalf of all Participants for the purpose of FOIA and EIR save that any Competition Sensitive Information is held only on behalf of the Provider that provided the information and the ICP. 1.2 We acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, or for which an exception applies under EIR, the content of this Agreement is not Confidential Information. . 1.3 Notwithstanding any other term of this Agreement, We consent to the publication of this Agreement in its entirety (including variations), subject only to the redaction of information that is exempt from disclosure in accordance with the provisions of FOIA or for which an exception applies under EIR. 1.4 In preparing a copy of this Agreement for publication pursuant to clause 16.4 EFDC the Integration Leadership Team may consult with the Company Participants to inform its decision decision-making regarding any redactions but the final decision in relation to the redaction of information shall will be at EFDC’s the Integration Leadership Team's absolute discretion. The Company shall . 1.5 We will assist and co-operate cooperate with EFDC each other to enable EFDC this Agreement to publish this Agreement. The Company shall comply with any requirements (including compliance with any appropriate information assurance scheme and the Computer Misuse Act 1990) in relation to its security policies, procedures and control of Confidential Information, Personal Data and Special Categories of Data. The Company shall be responsible for any costs associated with compliance with the provisions of this clause 16. The Company shall indemnify EFDC and shall keep EFDC indemnified against Losses and Indirect Losses suffered or incurred by EFDC as a result of any breach of this clause 16. The Parties acknowledge that damages may not be an adequate remedy for any breach of this clause 16 and in addition to any right to damages EFDC shall be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of this clause 16. This clause 16 shall not limit the Public Xxxxxxxx Xxxxxxxxxx Xxx 0000 in any way whatsoeverpublished.

Appears in 1 contract

Samples: Integration Agreement

Freedom of Information and Transparency. B38.1. The Parties acknowledge their respective duties under the FOIA and shall must give all reasonable assistance to each other where appropriate or necessary to comply with such duties. B38.2. If the Company Provider is not a public authorityPublic Authority, the Company Provider acknowledges that EFDC the Authority is subject to the requirements of the FOIA and will assist and co-operate EFDC with the Authority to enable it the Authority to comply with its disclosure obligations under the FOIA. Accordingly the Company Provider agrees: : a) that this Agreement Contract and any other recorded information held by the Company Provider on EFDCthe Authority’s behalf for the purposes of this Agreement Contract are subject to the obligations and commitments of EFDC the Authority under the FOIA; ; 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 is a decision solely for EFDC; the Authority; c) that if the Company Provider receives a request for information under the FOIA, it will not respond to such request (unless directed to do so by EFDCthe Authority) and will promptly (and in any event within 2 working daystwo (2) Business Days) transfer the request to EFDC; the Authority; d) that EFDCthe Authority, acting in accordance with the codes of practice issued and revised from time to time under both section 45 of the FOIA, and regulation 16 of the Environmental Information Regulations 2004, may disclose information concerning the Company Provider and this Agreement Contract either without consulting with the CompanyProvider, or following consultation with the Company Provider and having taken its views into account; and and e) to assist EFDC the Authority in responding to a request for information, by processing information or environmental information (as the same are defined in the FOIA) in accordance with a records management system that complies with all applicable records management recommendations and codes of conduct issued under section 46 of the FOIA, and providing copies of all information requested by an authority a Authority within 5 working days five (5) Business Days of such request and without charge. B38.3. The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, the content of this Agreement Contract is not Confidential Information. B38.4. Notwithstanding any other provision of this Contract, the Provider hereby consents to the publication of this Contract in its entirety including from time to time agreed changes to this Contract subject to the redaction of information that is exempt from disclosure in accordance with the provisions of the FOIA. B38.5. In preparing a copy of this Agreement Contract for publication pursuant to clause 16.4 EFDC B38.4 the Authority may consult with the Company Provider to inform its decision making regarding any redactions but the final decision in relation to the redaction of information shall be at EFDCthe Authority’s absolute discretion. B38.6. The Company shall Provider must assist and co-operate with EFDC the Authority to enable EFDC the Authority to publish this AgreementContract. B38.7. The Company shall In order to comply with any requirements 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 (including compliance with any appropriate information assurance scheme and the Computer Misuse Act 1990five hundred pounds) in relation to its security policies, procedures and control of Confidential Information, Personal Data and Special Categories of Datathis Contract. The Company shall be responsible for any costs associated with compliance with information will include the provisions of this clause 16. The Company shall indemnify EFDC Provider’s name and shall keep EFDC indemnified against Losses and Indirect Losses suffered or incurred by EFDC as a result of any breach of this clause 16the monthly Charges paid. The Parties acknowledge that damages may this information is not be an adequate remedy for any breach of this clause 16 and in addition to any right to damages EFDC shall be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened Confidential Information or actual breach of this clause 16. This clause 16 shall not limit the Public Xxxxxxxx Xxxxxxxxxx Xxx 0000 in any way whatsoevercommercially sensitive information.

Appears in 1 contract

Samples: Contract for the Provision of Public Health Services

Freedom of Information and Transparency. The Parties 1.1 We acknowledge their respective duties under the FOIA and shall give all reasonable assistance to each other where appropriate or necessary to comply with such duties. If the Company is not a public authority, the Company acknowledges that EFDC is certain Participants are subject to the requirements of the FOIA and EIR. We will assist and co-operate EFDC with each Participant to enable it to comply with its disclosure obligations under the FOIAFOIA and EIR. Accordingly the Company agrees: We agree: (a) that this Agreement and any other recorded information held by the Company on EFDC’s behalf any of Us for the purposes of this Agreement are subject to the obligations and commitments of EFDC under the FOIA; Participants that are subject to the FOIA and EIR; (b) that the decision on whether any exemption to the general obligations of public access to information under FOIA or exception under EIR applies to any request for information received under the FOIA is a decision solely for EFDC; the Participant to whom a request for information is addressed; (c) that if the Company where a Participant receives a request for information under relating to this Agreement, it will liaise with the FOIAIntegration Leadership Team as to the contents of any response before a response to a request is issued and will promptly (and in any event within 2 Business Days) provide a copy of the request and any response to the Integration Leadership Team; (d) that where a Participant receives a request for information and the Participant is not itself subject to FOIA or as applicable EIR, it will not respond to such that request (unless directed to do so by EFDCthe Participant to whom the request relates) and will promptly (and in any event within 2 working daysBusiness Days) transfer the request to EFDC; the Integration Leadership Team; (e) that EFDCany Participant, acting in accordance with the codes of practice issued and revised from time to time under both section 45 of the FOIA, FOIA and regulation 16 of the Environmental Information Regulations 2004EIR, may disclose information concerning the Company another Participant and this Agreement either without consulting with the Companyrelevant Participant, or following consultation with the Company Participant and having taken its views into account; account provided always that in the case of information covered by paragraph 4.4 of Part 1 of Schedule 4 the relevant Participant(s) and the Chair must be consulted and their views taken into account before any information is disclosed; (f) that any request for an internal review or correspondence with the Information Commissioner received by a Participant or appeal to the First Tier Tribunal (Information Rights) to which a Participant is a party that concerns information covered by paragraph 4.4 of Part 1 of Schedule 4 must be notified to the relevant Participant(s) and the Chair, who must each be consulted and their views taken into account before a formal response is provided; (g) to assist EFDC each Participant in responding to a request for information, by processing information or environmental information (as the same are defined in the FOIAFOIA or 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 the FOIA, and providing copies of all information requested by an authority that Participant within 5 working days Business Days of such that request and without charge. The Parties ; and (h) that the Alliance Leadership Team and the Alliance Management Team hold information on behalf of all Participants for the purpose of FOIA and EIR save that any Competition Sensitive Information is held only on behalf of the Provider that provided the information and the ACO. 1.2 We acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, or for which an exception applies under EIR, the content of this Agreement is not Confidential Information. In preparing a copy . 1.3 Notwithstanding any other term of this Agreement, We consent to the publication of this Agreement for publication pursuant to clause 16.4 EFDC may consult with the Company to inform in its decision making regarding any redactions but the final decision in relation entirety (including variations), subject only to the redaction of information shall be at EFDC’s absolute discretion. The Company shall assist and co-operate with EFDC to enable EFDC to publish this Agreement. The Company shall comply with any requirements (including compliance with any appropriate information assurance scheme and the Computer Misuse Act 1990) that is exempt from disclosure in relation to its security policies, procedures and control of Confidential Information, Personal Data and Special Categories of Data. The Company shall be responsible for any costs associated with compliance accordance with the provisions of this clause 16. The Company shall indemnify EFDC and shall keep EFDC indemnified against Losses and Indirect Losses suffered FOIA or incurred by EFDC as a result of any breach of this clause 16. The Parties acknowledge that damages may not be for which an adequate remedy for any breach of this clause 16 and in addition to any right to damages EFDC shall be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of this clause 16. This clause 16 shall not limit the Public Xxxxxxxx Xxxxxxxxxx Xxx 0000 in any way whatsoeverexception applies under EIR.

Appears in 1 contract

Samples: Integration Agreement

Freedom of Information and Transparency. B38.1 The Parties acknowledge their respective duties under the FOIA and shall must give all reasonable assistance to each other where appropriate or necessary to comply with such duties. . B38.2 If the Company Provider is not a public authorityPublic Authority, the Company Provider acknowledges that EFDC the Authority is subject to the requirements of the FOIA and will assist and co-operate EFDC with the Authority to enable it the Authority to comply with its disclosure obligations under the FOIA. Accordingly the Company Provider agrees: : a) that this Agreement Contract and any other recorded information held by the Company Provider on EFDCthe Authority’s behalf for the purposes of this Agreement Contract are subject to the obligations and commitments of EFDC the Authority under the FOIA; ; 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 is a decision solely for EFDC; the Authority; c) that if the Company Provider receives a request for information under the FOIA, it will not respond to such request (unless directed to do so by EFDCthe Authority) and will promptly (and in any event within 2 working daysBusiness Days) transfer the request to EFDC; the Authority; d) that EFDCthe Authority, acting in accordance with the codes of practice issued and revised from time to time under both section 45 of the FOIA, and regulation 16 of the Environmental Information Regulations 2004, may disclose information concerning the Company Provider and this Agreement Contract either without consulting with the CompanyProvider, or following consultation with the Company Provider and having taken its views into account; and and e) to assist EFDC the Authority in responding to a request for information, by processing information or environmental information (as the same are defined in the FOIA) in accordance with a records management system that complies with all applicable records management recommendations and codes of conduct issued under section 46 of the FOIA, and providing copies of all information requested by an authority a Authority within 5 working days Business Days of such request and without charge. . B38.3 The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, the content of this Agreement Contract is not Confidential Information. . B38.4 Notwithstanding any other provision of this Contract, the Provider hereby consents to the publication of this Contract in its entirety including from time to time agreed changes to this Contract subject to the redaction of information that is exempt from disclosure in accordance with the provisions of the FOIA. B38.5 In preparing a copy of this Agreement Contract for publication pursuant to clause 16.4 EFDC B38.4 the Authority may consult with the Company Provider to inform its decision making regarding any redactions but the final decision in relation to the redaction of information shall be at EFDCthe Authority’s absolute discretion. . B38.6 The Company shall Provider must assist and co-operate with EFDC the Authority to enable EFDC the Authority to publish this Agreement. The Company shall Contract. B38.7 In order to comply with any requirements 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 (including compliance with any appropriate information assurance scheme and the Computer Misuse Act 1990five hundred pounds) in relation to its security policies, procedures and control of Confidential Information, Personal Data and Special Categories of Datathis Contract. The Company shall be responsible for any costs associated with compliance with information will include the provisions of this clause 16. The Company shall indemnify EFDC Provider’s name and shall keep EFDC indemnified against Losses and Indirect Losses suffered or incurred by EFDC as a result of any breach of this clause 16the monthly Charges paid. The Parties acknowledge that damages may this information is not be an adequate remedy for any breach of this clause 16 and in addition to any right to damages EFDC shall be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened Confidential Information or actual breach of this clause 16. This clause 16 shall not limit the Public Xxxxxxxx Xxxxxxxxxx Xxx 0000 in any way whatsoevercommercially sensitive information.

Appears in 1 contract

Samples: Public Health Services Contract

Freedom of Information and Transparency. B38.1. The Parties acknowledge their respective duties under the FOIA and shall must give all reasonable assistance to each other where appropriate or necessary to comply with such duties. B38.2. If the Company Provider is not a public authorityPublic Authority, the Company Provider acknowledges that EFDC the Authority is subject to the requirements of the FOIA and will assist and co-operate EFDC with the Authority to enable it the Authority to comply with its disclosure obligations under the FOIA. Accordingly the Company Provider agrees: : a) that this Agreement Contract and any other recorded information held by the Company Provider on EFDCthe Authority’s behalf for the purposes of this Agreement Contract are subject to the obligations and commitments of EFDC the Authority under the FOIA; ; 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 is a decision solely for EFDC; the Authority; c) that if the Company Provider receives a request for information under the FOIA, it will not respond to such request (unless directed to do so by EFDCthe Authority) and will promptly (and in any event within 2 working daysBusiness Days) transfer the request to EFDC; the Authority; d) that EFDCthe Authority, acting in accordance with the codes of practice issued and revised from time to time under both section 45 of the FOIA, and regulation 16 of the Environmental Information Regulations 2004, may disclose information concerning the Company Provider and this Agreement Contract either without consulting with the CompanyProvider, or following consultation with the Company Provider and having taken its views into account; and and e) to assist EFDC the Authority in responding to a request for information, by processing information or environmental information (as the same are defined in the FOIA) in accordance with a records management system that complies with all applicable records management recommendations and codes of conduct issued under section 46 of the FOIA, and providing copies of all information requested by an authority a Authority within 5 working days Business Days of such request and without charge. f) with regard to all information that may be subject to a request under FOIA to retain such information to permit any disclosure and the Provider shall permit the Authority to inspect such information upon reasonable request. B38.3. The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, the content of this Agreement Contract is not Confidential Information. B38.4. Notwithstanding any other provision of this Contract, the Provider hereby consents to the publication of this Contract in its entirety including from time to time agreed changes to this Contract subject to the redaction of information that is exempt from disclosure in accordance with the provisions of the FOIA. B38.5. In preparing a copy of this Agreement Contract for publication pursuant to clause 16.4 EFDC B38.4 the Authority may consult with the Company Provider to inform its decision making regarding any redactions but the final decision in relation to the redaction of information shall be at EFDCthe Authority’s absolute discretion. B38.6. The Company shall Provider must assist and co-operate with EFDC the Authority to enable EFDC the Authority to publish this AgreementContract. B38.7. The Company shall In order to comply with any requirements 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 (including compliance with any appropriate information assurance scheme and the Computer Misuse Act 1990five hundred pounds) in relation to its security policies, procedures and control of Confidential Information, Personal Data and Special Categories of Datathis Contract. The Company shall be responsible for any costs associated with compliance with information will include the provisions of this clause 16. The Company shall indemnify EFDC Provider’s name and shall keep EFDC indemnified against Losses and Indirect Losses suffered or incurred by EFDC as a result of any breach of this clause 16the monthly Charges paid. The Parties acknowledge that damages may this information is not be an adequate remedy for any breach of this clause 16 and in addition to any right to damages EFDC shall be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened Confidential Information or actual breach of this clause 16. This clause 16 shall not limit the Public Xxxxxxxx Xxxxxxxxxx Xxx 0000 in any way whatsoevercommercially sensitive information.

Appears in 1 contract

Samples: Contract for the Provision of Services

Freedom of Information and Transparency. 14.1. The Parties parties acknowledge their respective duties under the FOIA and shall give all reasonable assistance to each other where appropriate or necessary to comply with such duties. 14.2. If the Company Consultancy is not a public authority, the Company Consultancy acknowledges that EFDC the Company is subject to the requirements of the FOIA and will assist and co-operate EFDC with the Company to enable it to comply with its disclosure obligations under the FOIA. Accordingly the Company Consultancy agrees: : (a) that this Agreement and any other recorded information held by the Company Consultancy on EFDCthe Company’s behalf for the purposes of this Agreement are subject to the obligations and commitments of EFDC the Company under the FOIA; ; (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 is a decision solely for EFDC; the Company; (c) that if the Company Consultancy receives a request for information under the FOIA, it will not respond to such request (unless directed to do so by EFDCthe Company) and will promptly (and in any event within 2 working days) transfer the request to EFDC; the Company; (d) that EFDCthe Company, acting in accordance with the codes of practice issued and revised from time to time under both section 45 of the FOIA, and regulation 16 of the Environmental Information Regulations 2004, may disclose information concerning the Company Consultancy and this Agreement either without consulting with the CompanyConsultancy, or following consultation with the Company Consultancy and having taken its views into account; and and (e) to assist EFDC the Company in responding to a request for information, by processing information or environmental information (as the same are defined in the FOIA) in accordance with a records management system that complies with all applicable records management recommendations and codes of conduct issued under section 46 of the FOIA, and providing copies of all information requested by an authority within 5 working days of such request and without charge. 14.3. The Parties acknowledge thatNotwithstanding any other provision of this Agreement, except for any the Consultancy hereby consents to the publication of this Agreement in its entirety including from time to time agreed changes to this Agreement subject to the redaction of information which that is exempt from disclosure in accordance with the provisions of the FOIA, the content of this Agreement is not Confidential Information. 00.0. In Xx preparing a copy of this Agreement for publication pursuant to clause 16.4 EFDC 14, the Company may consult with the Company Consultancy to inform its decision making regarding any redactions but the final decision in relation to the redaction of information shall be at EFDCthe Company’s absolute discretion. 14.5. The Company Consultancy shall assist and co-operate with EFDC the Company to enable EFDC the Company to publish this Agreement. 14.6. This clause 14 shall not limit the Public Interest Disclosure Act 1998 in any way whatsoever. 14.7. The Company shall comply with any requirements (including compliance with any appropriate information assurance scheme and the Computer Misuse Act 1990) in relation to its security policies, procedures and control of Confidential Information, Personal Data and Special Categories of Data. The Company Consultancy shall be responsible for any costs associated with compliance by the Consultancy with the provisions of this clause 1614. 14.8. The Company shall indemnify EFDC reserves the right to monitor the Consultancy’s compliance with this clause 14 and shall keep EFDC indemnified against Losses and Indirect Losses suffered or incurred by EFDC as a result notify the Consultancy of any breach of how it intends to do this clause 16. The Parties acknowledge that damages may not be an adequate remedy for any breach of this clause 16 and in addition to any right to damages EFDC shall be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of this clause 16. This clause 16 shall not limit the Public Xxxxxxxx Xxxxxxxxxx Xxx 0000 in any way whatsoeverwhere appropriate.

Appears in 1 contract

Samples: Consultancy Agreement

Freedom of Information and Transparency. 10.1 The Parties acknowledge their respective duties under the FOIA and shall give all reasonable assistance to each other where appropriate or necessary to comply with such duties. If the Company is not a public authority, the Company Customer acknowledges that EFDC the College is subject to the requirements of the FOIA and will assist the EIRs. The Customer shall: (a) provide all necessary assistance and co-operate EFDC cooperation as reasonably requested by the College to enable it the College to comply with its disclosure obligations under the FOIA. Accordingly FOIA and EIRs; (b) transfer to the Company agrees: that College all Requests for Information relating to this Agreement and any other recorded information held by the Company on EFDC’s behalf for the purposes of this Agreement are subject to the obligations and commitments of EFDC under the FOIA; that the decision on whether any exemption to the general obligations of public access to information applies to any request for information received under the FOIA is a decision solely for EFDC; that if the Company it receives a request for information under the FOIA, it will not respond to such request (unless directed to do so by EFDC) and will promptly (as soon as practicable and in any event within 2 two working daysdays of receipt; (c) transfer provide the College with a copy of all information belonging to the College requested in the Request for Information which is in its possession or control in the form that the College requires within five working days (or such other period as the College may reasonably specify) of the College's request for such information; and (d) not respond directly to EFDC; a Request for Information unless authorised in writing to do so by the College. 10.2 The Customer acknowledges that EFDC, acting the College may be required under the FOIA and EIRs to disclose information (including commercially sensitive information) without consulting or obtaining consent from the Customer. The College shall take reasonable steps to notify the Customer of a Request for Information (in accordance with the codes Secretary of practice issued and revised from time to time State’s Section 45 Code of Practice on the Discharge of the Functions of Public Authorities under both section 45 Part 1 of the FOIA, ) to the extent that it is permissible and regulation 16 of reasonably practical for it to do so but (notwithstanding any other provision in this Agreement) the Environmental Information Regulations 2004, may disclose College shall be responsible for determining in its absolute discretion whether any commercially sensitive information concerning the Company and this Agreement without consulting with the Company, or following consultation with the Company and having taken its views into account; and to assist EFDC in responding to a request for information, by processing and/or any other information or environmental information (as the same are defined in the FOIA) is exempt from disclosure in accordance with a records management system that complies with all applicable records management recommendations and codes of conduct issued under section 46 of the FOIA, and providing copies of all information requested by an authority within 5 working days of such request and without charge. FOIA and/or the EIRs. 10.3 The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, the content of this Agreement is not Confidential Information. In preparing a copy confidential. 10.4 Notwithstanding any other provision of this Agreement, the Customer hereby consents to the College publishing to the general public this Agreement for publication pursuant to clause 16.4 EFDC may consult in its entirety (but with any information which is exempt from disclosure in accordance with the Company provisions of the FOIA redacted), including any changes to inform its decision making regarding any redactions but the final decision in relation this Agreement agreed from time to the redaction of information shall be at EFDC’s absolute discretion. time. 10.5 The Company Customer shall assist and co-operate with EFDC the College to enable EFDC the College to publish this Agreement. The Company shall comply with any requirements (including compliance with any appropriate information assurance scheme and the Computer Misuse Act 1990) in relation to its security policies, procedures and control of Confidential Information, Personal Data and Special Categories of Data. The Company shall be responsible for any costs associated with compliance with the provisions of this clause 16. The Company shall indemnify EFDC and shall keep EFDC indemnified against Losses and Indirect Losses suffered or incurred by EFDC as a result of any breach of this clause 16. The Parties acknowledge that damages may not be an adequate remedy for any breach of this clause 16 and in addition to any right to damages EFDC shall be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of this clause 16. This clause 16 shall not limit the Public Xxxxxxxx Xxxxxxxxxx Xxx 0000 in any way whatsoever.

Appears in 1 contract

Samples: Services Agreement

Freedom of Information and Transparency. 23.7.1 The Parties acknowledge their respective duties under the FOIA and shall give all reasonable assistance to each other where appropriate or necessary to comply with such duties. . 23.7.2 If the Company Care Home Provider is not a public authorityCouncil, the Company Care Home Provider acknowledges that EFDC the Council is subject to the requirements of the FOIA and will assist and co-operate EFDC with the Council to enable it the Council to comply with its disclosure obligations under the FOIA. Accordingly the Company Care Home Provider agrees: : (a) that this Agreement and any other recorded information held by the Company Care Home Provider on EFDCthe Council’s behalf for the purposes of this Agreement are subject to the obligations and commitments of EFDC the Council under the FOIA; ; (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 is a decision solely for EFDC; the Council; (c) that if the Company Care Home Provider receives a request for information under the FOIA, it will not respond to such request (unless directed to do so by EFDCthe Council) and will promptly (and in any event within 2 working days) transfer the request to EFDC; the Council; (d) that EFDCthe Council, acting in accordance with the codes of practice issued and revised from time to time under both section 45 of the FOIA, and regulation 16 of the Environmental Information Regulations 2004, may disclose information concerning the Company Care Home Provider and this Agreement either without consulting with the CompanyCare Home Provider, or following consultation with the Company Care Home Provider and having taken its views into account; and and (e) to assist EFDC the Council in responding to a request for information, by processing information or environmental information (as the same are defined in the FOIA) in accordance with a records management system that complies with all applicable records management recommendations and codes of conduct issued under section 46 of the FOIA, and providing copies of all information requested by an authority Council within 5 Five (5) working days of such request and without charge. . 23.7.3 The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, the content of this Agreement is not Confidential Information. . 23.7.4 Notwithstanding any other provision of this Agreement, the Care Home Provider hereby consents to the publication of this Agreement in its entirety including from time to time agreed changes to this Agreement subject to the redaction of information that is exempt from disclosure in accordance with the provisions of the FOIA. 23.7.5 In preparing a copy of this Agreement for publication pursuant to clause 16.4 EFDC 23.7.4 the Council may consult with the Company Care Home Provider to inform its decision making regarding any redactions but the final decision in relation to the redaction of information shall be at EFDCthe Council’s absolute discretion. . 23.7.6 The Company Care Home Provider shall assist and co-operate with EFDC the Council to enable EFDC the Council to publish this Agreement. The Company shall . 23.7.7 In order to comply with any requirements (including compliance with any appropriate the Government’s policy on transparency in the areas of contracts and procurement the Council will be disclosing information assurance scheme and the Computer Misuse Act 1990) on its website in relation to its security policies, procedures and control of Confidential Information, Personal Data and Special Categories of Dataexpenditure over Five Hundred Pounds [£500] in relation to this Agreement. The Company shall be responsible information will include the Care Home Provider’s name and the total fees paid to the Provider for any costs associated with compliance with the provisions of this clause 16. The Company shall indemnify EFDC and shall keep EFDC indemnified against Losses and Indirect Losses suffered or incurred by EFDC as a result of any breach of this clause 16year under the Agreement. The Parties acknowledge that this information is not Confidential Information or commercially sensitive information. For the avoidance of doubt Personal Information or the IPA will not be disclosed. 23.7.8 The Parties acknowledge that damages may would not be an adequate remedy for any breach of this clause 16 23 by the Receiving Party, and in addition to any right to damages EFDC the Disclosing Party shall be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of this clause 16. This clause 16 shall not limit the Public Xxxxxxxx Xxxxxxxxxx Xxx 0000 in any way whatsoever23.

Appears in 1 contract

Samples: Agreement for the Provision of Residential and Nursing Care

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Freedom of Information and Transparency. 12.3.1 The Parties acknowledge their respective duties under the FOIA and shall give all reasonable assistance to each other where appropriate or necessary to comply with such duties. . 12.3.2 If the Company Recipient is not a public authority, the Company Recipient acknowledges that EFDC CIOS LEP is subject to the requirements of the FOIA and will assist and co-operate EFDC with CIOS LEP to enable it CIOS LEP to comply with its disclosure obligations under the FOIA. Accordingly the Company Recipient agrees: : (a) that this Agreement and any other recorded information held by the Company Recipient on EFDC’s behalf of CIOS LEP for the purposes of this Agreement are subject to the obligations and commitments of EFDC CIOS LEP under the FOIA; ; (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 is a decision solely for EFDC; CIOS LEP; (c) that if the Company Recipient receives a request for information under the FOIA, it will not respond to such request (unless directed to do so by EFDCCIOS LEP) and will promptly (and in any event within 2 working days) transfer the request to EFDC; CIOS LEP; (d) that EFDCCIOS LEP, acting in accordance with the codes of practice issued and revised from time to time under both section 45 of the FOIA, and regulation 16 of the Environmental Information Regulations 2004, may disclose information concerning the Company Recipient and this Agreement either without consulting with the CompanyRecipient, or following consultation with the Company Recipient and having taken its views into account; and and (e) to assist EFDC CIOS LEP in responding to a request for information, by processing information or environmental information (as the same are defined in the FOIA) in accordance with a records management system that complies with all applicable records management recommendations and codes of conduct issued under section 46 of the FOIA, and providing copies of all information requested by an authority within 5 working days of such request and without charge. . 12.3.3 The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, the content of this Agreement is not Confidential Information. . 12.3.4 Notwithstanding any other provision of this Agreement, the Recipient hereby consents to the publication of this Agreement in its entirety including from time to time agreed changes to this Agreement subject to the redaction of information that is exempt from disclosure in accordance with the provisions of the FOIA. 12.3.5 In preparing a copy of this Agreement for publication pursuant to clause 16.4 EFDC 12.1.4 CIOS LEP may consult with the Company Recipient to inform its decision making regarding any redactions but the final decision in relation to the redaction of information shall be at EFDC’s the absolute discretion. discretion of CIOS LEP. 12.3.6 The Company Recipient shall assist and co-operate with EFDC CIOS LEP to enable EFDC CIOS LEP to publish this Agreement. 12.3.7 In order to comply with the Government’s policy on transparency in the areas of agreements and procurement CIOS LEP will be disclosing information on its website in relation to expenditure over £500 (five hundred pounds) in relation to this Agreement. The Company information will include the Recipient’s name and the amount paid. The Parties acknowledge that this information is not Confidential Information or commercially sensitive information. 12.3.8 The Recipient shall comply with any requirements (including compliance with any appropriate information assurance scheme and the Computer Misuse Act 1990) in relation to its security policies, procedures and control of Confidential Information, Personal Data and Special Categories of Sensitive Personal Data. . 12.3.9 The Company Recipient shall be responsible for any costs associated with compliance with the provisions of this clause 16. The Company shall indemnify EFDC and shall keep EFDC indemnified against Losses and Indirect Losses suffered or incurred by EFDC as a result of any breach of this clause 16. The Parties acknowledge that damages may not be an adequate remedy for any breach of this clause 16 and in addition to any right to damages EFDC shall be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of this clause 16. This clause 16 shall not limit the Public Xxxxxxxx Xxxxxxxxxx Xxx 0000 in any way whatsoever12.

Appears in 1 contract

Samples: Funding Agreement

Freedom of Information and Transparency. 13.3.1 The Parties acknowledge their respective duties under the FOIA and shall give all reasonable assistance to each other where appropriate or necessary to comply with such duties. . 13.3.2 If the Company Supplier is not a public authority, the Company Supplier acknowledges that EFDC the Council is subject to the requirements of the FOIA and will assist and co-operate EFDC with the Council to enable it the Council to comply with its disclosure obligations under the FOIA. Accordingly the Company Supplier agrees: : (a) that this the Agreement and any other recorded information held by the Company Supplier on EFDCthe Council’s behalf for the purposes of this the Agreement are subject to the obligations and commitments of EFDC the Council under the FOIA; ; (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 is a decision solely for EFDC; the Council; (c) that if the Company Supplier receives a request for information under the FOIA, it will not respond to such request (unless directed to do so by EFDCthe Council) and will promptly (and in any event within 2 working days) transfer the request to EFDC; the Council; (d) that EFDCthe Council, acting in accordance with the codes of practice issued and revised from time to time under both section 45 of the FOIA, and regulation 16 of the Environmental Information Regulations 2004, may disclose information concerning the Company Supplier and this the Agreement either without consulting with the CompanySupplier, or following consultation with the Company Supplier and having taken its views into account; and and (e) to assist EFDC the Council in responding to a request for information, by processing information or environmental information (as the same are defined in the FOIA) in accordance with a records management system that complies with all applicable records management recommendations and codes of conduct issued under section 46 of the FOIA, and providing copies of all information requested by an authority within 5 working days of such request and without charge. . 13.3.3 The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, the content of this the Agreement is not Confidential Information. . 13.3.4 Notwithstanding any other provision of the Agreement, the Supplier hereby consents to the publication of the Agreement in its entirety including from time to time agreed changes to the Agreement subject to the redaction of information that is exempt from disclosure in accordance with the provisions of the FOIA. 13.3.5 In preparing a copy of this the Agreement for publication pursuant to clause 16.4 EFDC Condition 13.1.4 the Council may consult with the Company Supplier to inform its decision making regarding any redactions but the final decision in relation to the redaction of information shall be at EFDCthe Council’s absolute discretion. . 13.3.6 The Company Supplier shall assist and co-operate with EFDC the Council to enable EFDC the Council to publish this the Agreement. 13.3.7 In order to comply with the Government’s policy on transparency in the areas of Agreements and procurement the Council will be disclosing information on its website in relation to expenditure over £500 (five hundred pounds) in relation to the Agreement. The Company information will include the Supplier’s name and the Charges paid. The Parties acknowledge that this information is not Confidential Information or commercially sensitive information. 13.3.8 The Supplier shall comply with any requirements (including compliance with any appropriate information assurance scheme and the Computer Misuse Act 1990) in relation to its security policies, procedures and control of Confidential Information, Personal Data and Special Categories of Sensitive Personal Data. . 13.3.9 The Company Supplier shall be responsible for any costs associated with compliance with the provisions of this clause 16. The Company shall indemnify EFDC and shall keep EFDC indemnified against Losses and Indirect Losses suffered or incurred by EFDC as a result of any breach of this clause 16. The Parties acknowledge that damages may not be an adequate remedy for any breach of this clause 16 and in addition to any right to damages EFDC shall be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of this clause 16. This clause 16 shall not limit the Public Xxxxxxxx Xxxxxxxxxx Xxx 0000 in any way whatsoeverCondition 13.

Appears in 1 contract

Samples: Terms and Conditions

Freedom of Information and Transparency. B38.1. The Parties acknowledge their respective duties under the FOIA and shall must give all reasonable assistance to each other where appropriate or necessary to comply with such duties. B38.2. If the Company Provider is not a public authorityPublic Council, the Company Provider acknowledges that EFDC the Council is subject to the requirements of the FOIA and will assist and co-operate EFDC with the Council to enable it the Council to comply with its disclosure obligations under the FOIA. Accordingly the Company Provider agrees: : a) that this Agreement Contract and any other recorded information held by the Company Provider on EFDCthe Council’s behalf for the purposes of this Agreement Contract are subject to the obligations and commitments of EFDC the Council under the FOIA; ; 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 is a decision solely for EFDC; the Council; c) that if the Company Provider receives a request for information under the FOIA, it will not respond to such request (unless directed to do so by EFDCthe Council) and will promptly (and in any event within 2 working daysBusiness Days) transfer the request to EFDC; the Council; d) that EFDCthe Council, acting in accordance with the codes of practice issued and revised from time to time under both section 45 of the FOIA, and regulation 16 of the Environmental Information Regulations 2004, may disclose information concerning the Company Provider and this Agreement Contract either without consulting with the CompanyProvider, or following consultation with the Company Provider and having taken its views into account; and and e) to assist EFDC the Council in responding to a request for information, by processing information or environmental information (as the same are defined in the FOIA) in accordance with a records management system that complies with all applicable records management recommendations and codes of conduct issued under section 46 of the FOIA, and providing copies of all information requested by an authority a Council within 5 working days Business Days of such request and without charge. B38.3. The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, the content of this Agreement Contract is not Confidential Information. B38.4. Notwithstanding any other provision of this Contract, the Provider hereby consents to the publication of this Contract in its entirety including from time to time agreed changes to this Contract subject to the redaction of information that is exempt from disclosure in accordance with the provisions of the FOIA. B38.5. In preparing a copy of this Agreement Contract for publication pursuant to clause 16.4 EFDC B38.4 the Council may consult with the Company Provider to inform its decision making regarding any redactions but the final decision in relation to the redaction of information shall be at EFDCthe Council’s absolute discretion. B38.6. The Company shall Provider must assist and co-operate with EFDC the Council to enable EFDC the Council to publish this AgreementContract. B38.7. The Company shall In order to comply with any requirements the Government’s policy on transparency in the areas of contracts and procurement the Council will be disclosing information on its website in relation to monthly expenditure over £500 (including compliance with any appropriate information assurance scheme and the Computer Misuse Act 1990five hundred pounds) in relation to its security policies, procedures and control of Confidential Information, Personal Data and Special Categories of Datathis Contract. The Company shall be responsible for any costs associated with compliance with information will include the provisions of this clause 16. The Company shall indemnify EFDC Provider’s name and shall keep EFDC indemnified against Losses and Indirect Losses suffered or incurred by EFDC as a result of any breach of this clause 16the monthly Charges paid. The Parties acknowledge that damages may this information is not be an adequate remedy for any breach of this clause 16 and in addition to any right to damages EFDC shall be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened Confidential Information or actual breach of this clause 16. This clause 16 shall not limit the Public Xxxxxxxx Xxxxxxxxxx Xxx 0000 in any way whatsoevercommercially sensitive information.

Appears in 1 contract

Samples: Dynamic Purchasing System Contract

Freedom of Information and Transparency. 13.3.1 The Parties acknowledge their respective duties under the FOIA and shall give all reasonable assistance to each other where appropriate or necessary to comply with such duties. . 13.3.2 If the Company Supplier is not a public authority, the Company Supplier acknowledges that EFDC the Council is subject to the requirements of the FOIA and will assist and co-co- operate EFDC with the Council to enable it the Council to comply with its disclosure obligations under the FOIA. Accordingly the Company Supplier agrees: : (a) that this the Agreement and any other recorded information held by the Company Supplier on EFDCthe Council’s behalf for the purposes of this the Agreement are subject to the obligations and commitments of EFDC the Council under the FOIA; ; (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 is a decision solely for EFDC; the Council; (c) that if the Company Supplier receives a request for information under the FOIA, it will not respond to such request (unless directed to do so by EFDCthe Council) and will promptly (and in any event within 2 working days) transfer the request to EFDC; the Council; (d) that EFDCthe Council, acting in accordance with the codes of practice issued and revised from time to time under both section 45 of the FOIA, and regulation 16 of the Environmental Information Regulations 2004, may disclose information concerning the Company Supplier and this the Agreement either without consulting with the CompanySupplier, or following consultation with the Company Supplier and having taken its views into account; and and (e) to assist EFDC the Council in responding to a request for information, by processing information or environmental information (as the same are defined in the FOIA) in accordance with a records management system that complies with all applicable records management recommendations and codes of conduct issued under section 46 of the FOIA, and providing copies of all information requested by an authority within 5 working days of such request and without charge. . 13.3.3 The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, the content of this the Agreement is not Confidential Information. . 13.3.4 Notwithstanding any other provision of the Agreement, the Supplier hereby consents to the publication of the Agreement in its entirety including from time to time agreed changes to the Agreement subject to the redaction of information that is exempt from disclosure in accordance with the provisions of the FOIA. 13.3.5 In preparing a copy of this the Agreement for publication pursuant to clause 16.4 EFDC Condition 13.1.4 the Council may consult with the Company Supplier to inform its decision making regarding any redactions but the final decision in relation to the redaction of information shall be at EFDCthe Council’s absolute discretion. . 13.3.6 The Company Supplier shall assist and co-operate with EFDC the Council to enable EFDC the Council to publish this the Agreement. 13.3.7 In order to comply with the Government’s policy on transparency in the areas of Agreements and procurement the Council will be disclosing information on its website in relation to expenditure over £500 (five hundred pounds) in relation to the Agreement. The Company information will include the Supplier’s name and the Charges paid. The Parties acknowledge that this information is not Confidential Information or commercially sensitive information. 13.3.8 The Supplier shall comply with any requirements (including compliance with any appropriate information assurance scheme and the Computer Misuse Act 1990) in relation to its security policies, procedures and control of Confidential Information, Personal Data and Special Categories of Sensitive Personal Data. . 13.3.9 The Company Supplier shall be responsible for any costs associated with compliance with the provisions of this clause 16. The Company shall indemnify EFDC and shall keep EFDC indemnified against Losses and Indirect Losses suffered or incurred by EFDC as a result of any breach of this clause 16. The Parties acknowledge that damages may not be an adequate remedy for any breach of this clause 16 and in addition to any right to damages EFDC shall be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of this clause 16. This clause 16 shall not limit the Public Xxxxxxxx Xxxxxxxxxx Xxx 0000 in any way whatsoeverCondition 13.

Appears in 1 contract

Samples: Terms and Conditions

Freedom of Information and Transparency. The Parties 1.1 We acknowledge their respective duties under the FOIA and shall give all reasonable assistance to each other where appropriate or necessary to comply with such duties. If the Company is not a public authority, the Company acknowledges that EFDC is certain Participants are subject to the requirements of the FOIA and EIR. We will assist and co-operate EFDC with each Participant to enable it to comply with its disclosure obligations under the FOIAFOIA and EIR. Accordingly the Company agrees: We agree: (a) that this Agreement and any other recorded information held by the Company on EFDC’s behalf any of Us for the purposes of this Agreement are subject to the obligations and commitments of EFDC under the FOIA; Participants that are subject to the FOIA and EIR; (b) that the decision on whether any exemption to the general obligations of public access to information under FOIA or exception under EIR applies to any request for information received under the FOIA is a decision solely for EFDC; the Participant to whom a request for information is addressed; (c) that if the Company where a Participant receives a request for information under relating to this Agreement, it will liaise with the FOIAIntegration Leadership Team as to the contents of any response before a response to a request is issued and will promptly (and in any event within 2 Business Days) provide a copy of the request and any response to the Integration Leadership Team; (d) that where a Participant receives a request for information and the Participant is not itself subject to FOIA or as applicable EIR, it will not respond to such that request (unless directed to do so by EFDCthe Participant to whom the request relates) and will promptly (and in any event within 2 working daysBusiness Days) transfer the request to EFDC; the Integration Leadership Team; (e) that EFDCany Participant, acting in accordance with the codes of practice issued and revised from time to time under both section 45 of the FOIA, FOIA and regulation 16 of the Environmental Information Regulations 2004EIR, may disclose information concerning the Company another Participant and this Agreement either without consulting with the Companyrelevant Participant, or following consultation with the Company Participant and having taken its views into account; account provided always that in the case of information covered by paragraph 4.4 of Part 1 of Schedule 4 the relevant Participant(s) and the Chair must be consulted and their views taken into account before any information is disclosed; (f) that any request for an internal review or correspondence with the Information Commissioner received by a Participant or appeal to the First Tier Tribunal (Information Rights) to which a Participant is a party that concerns information covered by paragraph 4.4 of Part 1 of Schedule 4 must be notified to the relevant Participant(s) and the Chair, who must each be consulted and their views taken into account before a formal response is provided; (g) to assist EFDC each Participant in responding to a request for information, by processing information or environmental information (as the same are defined in the FOIAFOIA or 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 the FOIA, and providing copies of all information requested by an authority that Participant within 5 working days Business Days of such that request and without charge. The Parties ; and (h) that the Alliance Leadership Team and the Alliance Management Team hold information on behalf of all Participants for the purpose of FOIA and EIR save that any Competition Sensitive Information is held only on behalf of the Provider that provided the information and the ICP. 1.2 We acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, or for which an exception applies under EIR, the content of this Agreement is not Confidential Information. In preparing a copy . 1.3 Notwithstanding any other term of this Agreement, We consent to the publication of this Agreement for publication pursuant to clause 16.4 EFDC may consult with the Company to inform in its decision making regarding any redactions but the final decision in relation entirety (including variations), subject only to the redaction of information shall be at EFDC’s absolute discretion. The Company shall assist and co-operate with EFDC to enable EFDC to publish this Agreement. The Company shall comply with any requirements (including compliance with any appropriate information assurance scheme and the Computer Misuse Act 1990) that is exempt from disclosure in relation to its security policies, procedures and control of Confidential Information, Personal Data and Special Categories of Data. The Company shall be responsible for any costs associated with compliance accordance with the provisions of this clause 16. The Company shall indemnify EFDC and shall keep EFDC indemnified against Losses and Indirect Losses suffered FOIA or incurred by EFDC as a result of any breach of this clause 16. The Parties acknowledge that damages may not be for which an adequate remedy for any breach of this clause 16 and in addition to any right to damages EFDC shall be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of this clause 16. This clause 16 shall not limit the Public Xxxxxxxx Xxxxxxxxxx Xxx 0000 in any way whatsoeverexception applies under EIR.

Appears in 1 contract

Samples: Integration Agreement

Freedom of Information and Transparency. 14.1. The Parties parties acknowledge their respective duties under the FOIA and shall give all reasonable assistance to each other where appropriate or necessary to comply with such duties. 14.2. If the Company Consultancy is not a public authority, the Company Consultancy acknowledges that EFDC the Company is subject to the requirements of the FOIA and will assist and co-operate EFDC with the Company to enable it to comply with its disclosure obligations under the FOIA. Accordingly the Company Consultancy agrees: : 14.2.1. that this Agreement and any other recorded information held by the Company Consultancy on EFDCthe Company’s behalf for the purposes of this Agreement are subject to the obligations and commitments of EFDC the Company under the FOIA; ; 14.2.2. 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 is a decision solely for EFDC; the Company; 14.2.3. that if the Company Consultancy receives a request for information under the FOIA, it will not respond to such request (unless directed to do so by EFDCthe Company) and will promptly (and in any event within 2 working days) transfer the request to EFDC; the Company; 14.2.4. that EFDCthe Company, acting in accordance with the codes of practice issued and revised from time to time under both section 45 of the FOIA, and regulation 16 of the Environmental Information Regulations 2004, may disclose information concerning the Company Consultancy and this Agreement either without consulting with the CompanyConsultancy, or following consultation with the Company Consultancy and having taken its views into account; and to and 00.0.0. xx assist EFDC the Company in responding to a request for information, by processing information or environmental information (as the same are defined in the FOIA) in accordance with a records management system that complies with all applicable records management recommendations and codes of conduct issued under section 46 of the FOIA, and providing copies of all information requested by an authority within 5 working days of such request and without charge. 14.3. The Parties acknowledge thatNotwithstanding any other provision of this Agreement, except for any the Consultancy hereby consents to the publication of this Agreement in its entirety including from time to time agreed changes to this Agreement subject to the redaction of information which that is exempt from disclosure in accordance with the provisions of the FOIA, the content of this Agreement is not Confidential Information. 00.0. In Xx preparing a copy of this Agreement for publication pursuant to clause 16.4 EFDC 14., the Company may consult with the Company Consultancy to inform its decision making regarding any redactions but the final decision in relation to the redaction of information shall be at EFDCthe Company’s absolute discretion. 14.5. The Company Consultancy shall assist and co-operate with EFDC the Company to enable EFDC the Company to publish this Agreement. The Company shall comply with any requirements (including compliance with any appropriate information assurance scheme and the Computer Misuse Act 1990) in relation to its security policies, procedures and control of Confidential Information, Personal Data and Special Categories of Data. The Company shall be responsible for any costs associated with compliance with the provisions of this clause 16. The Company shall indemnify EFDC and shall keep EFDC indemnified against Losses and Indirect Losses suffered or incurred by EFDC as a result of any breach of this clause 16. The Parties acknowledge that damages may not be an adequate remedy for any breach of this clause 16 and in addition to any right to damages EFDC shall be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of this clause 16. 14.6. This clause 16 14. shall not limit the Public Xxxxxxxx Xxxxxxxxxx Xxx 0000 in any way whatsoever. 14.7. The Consultancy shall be responsible for any costs associated with compliance by the Consultancy with the provisions of this clause 14.. 14.8. The Company reserves the right to monitor the Consultancy’s compliance with this clause 14. and shall notify the Consultancy of how it intends to do this where appropriate.

Appears in 1 contract

Samples: Consultancy Agreement

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