Common use of FREEDOM OF INFORMATION (FOISA Clause in Contracts

FREEDOM OF INFORMATION (FOISA. 29.1 The Service Provider acknowledges that the Purchaser is subject to the requirements of FOISA and the Environmental Information Regulations and undertakes to assist and cooperate with the Purchaser to enable the Purchaser to comply with FOISA and the Environmental Information Regulations. 29.2 If the Service Provider receives a Request for Information the Service Provider must promptly respond to the applicant. Where the Request for Information appears to be directed to information held by the Purchaser, the Service Provider must promptly inform the applicant in writing that the Request for Information can be directed to the Purchaser. 29.3 Where the Purchaser receives a Request for Information concerning the Contract, the Purchaser is responsible for determining at its absolute discretion whether information requested is to be disclosed to the applicant or whether the information requested is exempt from disclosure in accordance with FOISA or the Environmental Information Regulations. 29.4 The Service Provider acknowledges that the Purchaser may, acting in accordance with the Purchaser’s Code of Practice on the Discharge of Functions of Public Authorities issued under section 60 of FOISA (as may be issued and revised from time to time), be obliged under FOISA or the Environmental Information Regulations to disclose information requested concerning the Service Provider or the Contract: 29.4.1 in certain circumstances without consulting the Service Provider, or 29.4.2 following consultation with the Service Provider and having taken its views into account. 29.5 Where clause 29.4.1 applies the Purchaser must take reasonable steps, where practicable, to give the Service Provider advance notice of the fact of disclosure or, failing that, draw the fact of disclosure to the attention of the Service Provider after such disclosure. Data Processing provision as required by Article 28(3) GDPR. This Schedule includes certain details of the Processing of Personal Data in connection with the Services:

FREEDOM OF INFORMATION (FOISA. 29.1 The Service Provider acknowledges that the Purchaser is subject to the requirements of FOISA and the Environmental Information Regulations and undertakes to assist and cooperate with the Purchaser to enable the Purchaser to comply with FOISA and the Environmental Information Regulations. 29.2 If the Service Provider receives a Request for Information the Service Provider must promptly respond to the applicant. Where the Request for Information appears to be directed to information held by the Purchaser, the Service Provider must promptly inform the applicant in writing that the Request for Information can be directed to the Purchaser. 29.3 Where the Purchaser receives a Request for Information concerning the Contract, the Purchaser is responsible for determining at its absolute discretion whether information requested is to be disclosed to the applicant or whether the information requested is exempt from disclosure in accordance with FOISA or the Environmental Information Regulations. 29.4 The Service Provider acknowledges that the Purchaser may, acting in accordance with the Purchaser’s Code of Practice on the Discharge of Functions of Public Authorities issued under section 60 of FOISA (as may be issued and revised from time to time), be obliged under FOISA or the Environmental Information Regulations to disclose information requested concerning the Service Provider or the Contract: 29.4.1 in certain circumstances without consulting the Service Provider, or 29.4.2 following consultation with the Service Provider and having taken its views into account. 29.5 Where clause 29.4.1 applies the Purchaser must take reasonable steps, where practicable, to give the Service Provider advance notice of the fact of disclosure or, failing that, draw the fact of disclosure to the attention of the Service Provider after such disclosure. Data Processing provision as required by Article 28(3) GDPR. This Schedule includes certain details of the Processing of Personal Data in connection with the Services: The subject matter and duration of the Processing of Personal Data are [insert description here]. [Include description here] [Include list of data types here] [Include categories of data subjects here] The obligations and rights of the Purchaser as the Data Controller are set out in Condition 28 of the Contract. This and the following 2 pages comprise Schedule 6 to the Framework Agreement between the Scottish Ministers and Xxxxxx Xxxx Scotland (trading division of Xxxxxx Xxxx Ltd) 1. We [here insert the full name of the parent company], a company incorporated under the Companies Acts (Company number [ ]) and having our Registered Office at [ ] refer to the Framework Agreement concluded between the Scottish Ministers and [insert name of contractor], a company incorporated under the Companies Acts (Company number [ ] and having its Registered Office at [ ] (“the Company”) of which we are the ultimate holding company, for the provision [specify nature of goods or services] (“the Framework Agreement”) and in security of the Company's obligations thereunder guarantee the same in the following manner:- 1.1 We guarantee that the Company shall perform all its obligations contained in the Framework Agreement. 1.2 If the Company shall in any respect fail to perform its obligations under the Framework Agreement or shall commit any breach thereof, we undertake, on demand by the Scottish Ministers, to perform or to take whatever steps may be necessary to achieve performance of said obligations under the Framework Agreement and shall indemnify and keep indemnified the Scottish Ministers against any loss, damages, claims, costs and expenses which may be incurred by them by reason of any such failure or breach on the part of the Company. 1.3 Our guarantee and undertakings hereunder shall be unconditional and irrevocable, and without prejudice to the foregoing generality we shall not be released or discharged from our liability hereunder by: 1.3.1 any waiver or forbearance by the Scottish Ministers of or in respect of any of the Company's obligations under the Framework Agreement whether as to payment, time, performance or otherwise howsoever, or by any failure by the Scottish Ministers to enforce the Framework Agreement or this instrument, or 1.3.2 any alteration to, addition to or deletion from the Framework Agreement or the scope of the obligations to be performed under the Framework Agreement, or

FREEDOM OF INFORMATION (FOISA. 29.1 The Service Provider acknowledges that the Purchaser is subject to the requirements of FOISA and the Environmental Information Regulations and undertakes to assist and cooperate with the Purchaser to enable the Purchaser to comply with FOISA and the Environmental Information Regulations. 29.2 If the Service Provider receives a Request for Information the Service Provider must promptly respond to the applicant. Where the Request for Information appears to be directed to information held by the Purchaser, the Service Provider must promptly inform the applicant in writing that the Request for Information can be directed to the Purchaser. 29.3 Where the Purchaser receives a Request for Information concerning the Contract, the Purchaser is responsible for determining at its absolute discretion whether information requested is to be disclosed to the applicant or whether the information requested is exempt from disclosure in accordance with FOISA or the Environmental Information Regulations. 29.4 The Service Provider acknowledges that the Purchaser may, acting in accordance with the Purchaser’s Code of Practice on the Discharge of Functions of Public Authorities issued under section 60 of FOISA (as may be issued and revised from time to time), be obliged under FOISA or the Environmental Information Regulations to disclose information requested concerning the Service Provider or the Contract: 29.4.1 in certain circumstances without consulting the Service Provider, or 29.4.2 following consultation with the Service Provider and having taken its views into account. 29.5 Where clause 29.4.1 applies the Purchaser must take reasonable steps, where practicable, to give the Service Provider advance notice of the fact of disclosure or, failing that, draw the fact of disclosure to the attention of the Service Provider after such disclosure. Data Processing provision as required by Article 28(3) GDPR. This Schedule includes certain details of the Processing of Personal Data in connection with the Services: The subject matter and duration of the Processing of Personal Data are [insert description here]. [Include description here] [Include list of data types here] [Include categories of data subjects here] The obligations and rights of the Purchaser as the Data Controller are set out in Condition 28 of the Contract. This and the following 2 pages comprise Schedule 6 to the Framework Agreement between the Scottish Ministers and Xxxxxxx-Xxxxx Recruitment Ltd . 1. We [here insert the full name of the parent company], a company incorporated under the Companies Acts (Company number [ ]) and having our Registered Office at [ ] refer to the Framework Agreement concluded between the Scottish Ministers and [insert name of contractor], a company incorporated under the Companies Acts (Company number [ ] and having its Registered Office at [ ] (“the Company”) of which we are the ultimate holding company, for the provision [specify nature of goods or services] (“the Framework Agreement”) and in security of the Company's obligations thereunder guarantee the same in the following manner:- 1.1 We guarantee that the Company shall perform all its obligations contained in the Framework Agreement. 1.2 If the Company shall in any respect fail to perform its obligations under the Framework Agreement or shall commit any breach thereof, we undertake, on demand by the Scottish Ministers, to perform or to take whatever steps may be necessary to achieve performance of said obligations under the Framework Agreement and shall indemnify and keep indemnified the Scottish Ministers against any loss, damages, claims, costs and expenses which may be incurred by them by reason of any such failure or breach on the part of the Company. 1.3 Our guarantee and undertakings hereunder shall be unconditional and irrevocable, and without prejudice to the foregoing generality we shall not be released or discharged from our liability hereunder by: 1.3.1 any waiver or forbearance by the Scottish Ministers of or in respect of any of the Company's obligations under the Framework Agreement whether as to payment, time, performance or otherwise howsoever, or by any failure by the Scottish Ministers to enforce the Framework Agreement or this instrument, or 1.3.2 any alteration to, addition to or deletion from the Framework Agreement or the scope of the obligations to be performed under the Framework Agreement, or

FREEDOM OF INFORMATION (FOISA. 29.1 The Service Provider acknowledges that the Purchaser is subject to the requirements of FOISA and the Environmental Information Regulations and undertakes to assist and cooperate with the Purchaser to enable the Purchaser to comply with FOISA and the Environmental Information Regulations. 29.2 If the Service Provider receives a Request for Information the Service Provider must promptly respond to the applicant. Where the Request for Information appears to be directed to information held by the Purchaser, the Service Provider must promptly inform the applicant in writing that the Request for Information can be directed to the Purchaser. 29.3 Where the Purchaser receives a Request for Information concerning the Contract, the Purchaser is responsible for determining at its absolute discretion whether information requested is to be disclosed to the applicant or whether the information requested is exempt from disclosure in accordance with FOISA or the Environmental Information Regulations. 29.4 The Service Provider acknowledges that the Purchaser may, acting in accordance with the Purchaser’s Code of Practice on the Discharge of Functions of Public Authorities issued under section 60 of FOISA (as may be issued and revised from time to time), be obliged under FOISA or the Environmental Information Regulations to disclose information requested concerning the Service Provider or the Contract: 29.4.1 in certain circumstances without consulting the Service Provider, or 29.4.2 following consultation with the Service Provider and having taken its views into account. 29.5 Where clause 29.4.1 applies the Purchaser must take reasonable steps, where practicable, to give the Service Provider advance notice of the fact of disclosure or, failing that, draw the fact of disclosure to the attention of the Service Provider after such disclosure. Data Processing provision as required by Article 28(3) GDPR. This Schedule includes certain details of the Processing of Personal Data in connection with the Services: The subject matter and duration of the Processing of Personal Data are [insert description here]. [Include description here] [Include list of data types here] [Include categories of data subjects here] The obligations and rights of the Purchaser as the Data Controller are set out in Condition 28 of the Contract. This and the following 2 pages comprise Schedule 6 to the Framework Agreement between the Scottish Ministers and Pertemps Recruitment Partnership Ltd 1. We [here insert the full name of the parent company], a company incorporated under the Companies Acts (Company number [ ]) and having our Registered Office at [ ] refer to the Framework Agreement concluded between the Scottish Ministers and [insert name of contractor], a company incorporated under the Companies Acts (Company number [ ] and having its Registered Office at [ ] (“the Company”) of which we are the ultimate holding company, for the provision [specify nature of goods or services] (“the Framework Agreement”) and in security of the Company's obligations thereunder guarantee the same in the following manner:- 1.1 We guarantee that the Company shall perform all its obligations contained in the Framework Agreement. 1.2 If the Company shall in any respect fail to perform its obligations under the Framework Agreement or shall commit any breach thereof, we undertake, on demand by the Scottish Ministers, to perform or to take whatever steps may be necessary to achieve performance of said obligations under the Framework Agreement and shall indemnify and keep indemnified the Scottish Ministers against any loss, damages, claims, costs and expenses which may be incurred by them by reason of any such failure or breach on the part of the Company. 1.3 Our guarantee and undertakings hereunder shall be unconditional and irrevocable, and without prejudice to the foregoing generality we shall not be released or discharged from our liability hereunder by: 1.3.1 any waiver or forbearance by the Scottish Ministers of or in respect of any of the Company's obligations under the Framework Agreement whether as to payment, time, performance or otherwise howsoever, or by any failure by the Scottish Ministers to enforce the Framework Agreement or this instrument, or 1.3.2 any alteration to, addition to or deletion from the Framework Agreement or the scope of the obligations to be performed under the Framework Agreement, or

FREEDOM OF INFORMATION (FOISA. 29.1 The Service Provider acknowledges that the Purchaser is subject to the requirements of FOISA and the Environmental Information Regulations and undertakes to assist and cooperate with the Purchaser to enable the Purchaser to comply with FOISA and the Environmental Information Regulations. 29.2 If the Service Provider receives a Request for Information the Service Provider must promptly respond to the applicant. Where the Request for Information appears to be directed to information held by the Purchaser, the Service Provider must promptly inform the applicant in writing that the Request for Information can be directed to the Purchaser. 29.3 Where the Purchaser receives a Request for Information concerning the Contract, the Purchaser is responsible for determining at its absolute discretion whether information requested is to be disclosed to the applicant or whether the information requested is exempt from disclosure in accordance with FOISA or the Environmental Information Regulations. 29.4 The Service Provider acknowledges that the Purchaser may, acting in accordance with the Purchaser’s Code of Practice on the Discharge of Functions of Public Authorities issued under section 60 of FOISA (as may be issued and revised from time to time), be obliged under FOISA or the Environmental Information Regulations to disclose information requested concerning the Service Provider or the Contract: 29.4.1 in certain circumstances without consulting the Service Provider, or 29.4.2 following consultation with the Service Provider and having taken its views into account. 29.5 Where clause 29.4.1 applies the Purchaser must take reasonable steps, where practicable, to give the Service Provider advance notice of the fact of disclosure or, failing that, draw the fact of disclosure to the attention of the Service Provider after such disclosure. Data Processing provision as required by Article 28(3) GDPR. This Schedule includes certain details of the Processing of Personal Data in connection with the Services: The subject matter and duration of the Processing of Personal Data are [insert description here]. [Include description here] [Include list of data types here] [Include categories of data subjects here] The obligations and rights of the Purchaser as the Data Controller are set out in Condition 28 of the Contract. This and the following 2 pages comprise Schedule 6 to the Framework Agreement between the Scottish Ministers and ASA International Ltd, trading as ASA Recruitment 1. We [here insert the full name of the parent company], a company incorporated under the Companies Acts (Company number [ ]) and having our Registered Office at [ ] refer to the Framework Agreement concluded between the Scottish Ministers and [insert name of contractor], a company incorporated under the Companies Acts (Company number [ ] and having its Registered Office at [ ] (“the Company”) of which we are the ultimate holding company, for the provision [specify nature of goods or services] (“the Framework Agreement”) and in security of the Company's obligations thereunder guarantee the same in the following manner:- 1.1 We guarantee that the Company shall perform all its obligations contained in the Framework Agreement. 1.2 If the Company shall in any respect fail to perform its obligations under the Framework Agreement or shall commit any breach thereof, we undertake, on demand by the Scottish Ministers, to perform or to take whatever steps may be necessary to achieve performance of said obligations under the Framework Agreement and shall indemnify and keep indemnified the Scottish Ministers against any loss, damages, claims, costs and expenses which may be incurred by them by reason of any such failure or breach on the part of the Company. 1.3 Our guarantee and undertakings hereunder shall be unconditional and irrevocable, and without prejudice to the foregoing generality we shall not be released or discharged from our liability hereunder by: 1.3.1 any waiver or forbearance by the Scottish Ministers of or in respect of any of the Company's obligations under the Framework Agreement whether as to payment, time, performance or otherwise howsoever, or by any failure by the Scottish Ministers to enforce the Framework Agreement or this instrument, or 1.3.2 any alteration to, addition to or deletion from the Framework Agreement or the scope of the obligations to be performed under the Framework Agreement, or