Common use of Freedom of Information Xxx 0000 Clause in Contracts

Freedom of Information Xxx 0000. 32.1 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. The Authority shall be responsible for determining in its absolute discretion whether any of the content of the Agreement is exempt from disclosure in accordance with the provisions of the FOIA. Notwithstanding any other term of this Agreement, the Contractor hereby gives his consent for the Authority to publish the Agreement in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FOIA redacted), including from time to time agreed changes to the Agreement, to the general public. 32.2 The Contractor's attention is drawn to the FOIA and the Environmental Information Regulations (“EIRs”). The Department of Health (“DH”) has a publication scheme which sets out the type of information publicly available on its website or published as documents. In addition, the Authority has an obligation to respond to specific requests and may be required to disclose information about or provided by the Contractor. In some cases the Authority may consult the Contractor before deciding whether to disclose information requested under FOIA, but it is not obliged to do so. If a Contractor considers that any information it provides to the Authority would be subject to an exemption under FOIA or the EIRs it should clearly identify such information and explain why it considers the information exempt. The Authority will consider such explanation. For the avoidance of doubt, notwithstanding the previous sentence, whether or not information will be disclosed shall be at the Authority’s sole discretion. 32.3 Where the Authority considers that the Contractor or its collaborator, employee, agent or sub-contractor, is holding information that it requires in order to comply with its obligations under FOIA or the EIRs, the Contractor undertakes to (and shall procure that its collaborators, employees, agents and sub-contractors shall) provide access to such information as soon as reasonably practicable, at its own expense and at no charge to the Authority, on the request of the Authority and in any case within five (5) working days.

Freedom of Information Xxx 0000. 32.1 33.1 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. The Authority shall be responsible for determining in its absolute discretion whether any of the content of the Agreement is exempt from disclosure in accordance with the provisions of the FOIA. Notwithstanding any other term of this Agreement, the Contractor hereby gives his consent for the Authority to publish the Agreement in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FOIA redacted), including from time to time agreed changes to the Agreement, to the general public. 32.2 33.2 The Contractor's attention is drawn to the FOIA and the Environmental Information Regulations (“EIRs”). The Department of Health (“DH”) has a publication scheme which sets out the type of information publicly available on its website or published as documents. In addition, the Authority has an obligation to respond to specific requests and may be required to disclose information about or provided by the Contractor. In some cases the Authority may consult the Contractor before deciding whether to disclose information requested under FOIA, but it is not obliged to do so. If a Contractor considers that any information it provides to the Authority would be subject to an exemption under FOIA or the EIRs it should clearly identify such information and explain why it considers the information exempt. The Authority will consider such explanation. For the avoidance of doubt, notwithstanding the previous sentence, whether or not information will be disclosed shall be at the Authority’s sole discretion. 32.3 33.3 Where the Authority considers that the Contractor or its collaborator, employee, agent or sub-contractor, is holding information that it requires in order to comply with its obligations under FOIA or the EIRs, the Contractor undertakes to (and shall procure that its collaborators, employees, agents and sub-contractors shall) provide access to such information as soon as reasonably practicable, at its own expense and at no charge to the Authority, on the request of the Authority and in any case within five (5) working days.