Freedom of Information Xxx 0000. (FOIA) 19.1 Each Party acknowledges and agrees that: 19.1.1 the NC3Rs and the Contractor are respectively subject to the requirements of the FOIA Laws and may receive a Request for Information; 19.1.2 each Party that receives a Request for Information (the “Request Recipient”) shall be responsible for determining at its absolute discretion whether any requested information (including Confidential Information of the other Party) is subject to any exemption and/or exception from disclosure and/or publication in accordance with the relevant provisions of the FOIA Laws or is to be disclosed in response to a Request for Information, and nothing in this Agreement shall remove or in any way limit that discretion of the Request Recipient; 19.1.3 it shall reasonably assist and cooperate with the Request Recipient to enable the Request Recipient to comply with its obligation under the FOIA Laws in relation to the Request for Information, including compliance with any time limits imposed under the FOIA Laws; and 19.1.4 in some circumstances it may not be possible or reasonable for the Request Recipient to provide notice of any Request for Information or consider the comments of the other Parties in relation to it, prior to responding to such a request. 19.2 Subject to Clause 19.1, where the Request Recipient receives a Request for Information: 19.2.1 the Request Recipient will notify the Party whose Confidential Information is the subject of the Request for Information (the “Affected Party”) as soon as reasonably possible (and in any event within five (5) working days of receipt), confirming what Confidential Information is being requested; and 19.2.2 the Request Recipient agrees to discuss in good faith with the Affected Party as to whether a relevant exemption/exception to the requirement to disclose the relevant Confidential Information under the FOIA Laws might be applicable, provided that the Affected Party makes itself available for such discussions within a reasonable time (and in any event five (5) working days of being notified of the Request for Information) so that the Request Recipient has a reasonable opportunity to consider the Affected Party’s comments prior to the deadline for the Request Recipient to respond to the Request for Information. 19.3 Where a Party receives a Request for Information in relation to information or records held by the other Party on behalf of the Request Recipient, the other Party will within five (5) working days of the request (or such shorter time frame requested, where it is necessary to ensure the Request Recipient’s compliance with FOIA Laws), provide the Request Recipient with a copy of such information in the form reasonably requested. 19.4 Each Party shall ensure that all information produced in the course of the Agreement or relating to the Agreement is retained for disclosure and shall permit the NC3Rs or Contractor as the case may be to inspect such records as requested from time to time.
Appears in 2 contracts
Samples: Contractor Agreement, Contractor Agreement
Freedom of Information Xxx 0000. (FOIA)
19.1 27.1 Each Party acknowledges and agrees that:
19.1.1 27.1.1. the NC3Rs and the Contractor are respectively subject to the requirements of the FOIA Laws and may receive a Request for Information;
19.1.2 27.1.2. each Party that receives a Request for Information (the “Request Recipient”) shall be responsible for determining at its absolute discretion whether any requested information (including Confidential Information of the other Party) is subject to any exemption and/or exception from disclosure and/or publication in accordance with the relevant provisions of the FOIA Laws or is to be disclosed in response to a Request for Information, and nothing in this Agreement shall remove or in any way limit that discretion of the Request Recipient;
19.1.3 27.1.3. it shall reasonably assist and cooperate with the Request Recipient to enable the Request Recipient to comply with its obligation under the FOIA Laws in relation to the Request for Information, including compliance with any time limits imposed under the FOIA Laws; and
19.1.4 27.1.4. in some circumstances it may not be possible or reasonable for the Request Recipient to provide notice of any Request for Information or consider the comments of the other Parties in relation to it, prior to responding to such a request.
19.2 27.2 Subject to Clause 19.127.1, where the Request Recipient receives a Request for Information:
19.2.1 27.2.1 the Request Recipient will notify the Party whose Confidential Information is the subject of the Request for Information (the “Affected Party”) as soon as reasonably possible (and in any event within five (5) working days of receipt), confirming what Confidential Information is being requested; and
19.2.2 27.2.2 the Request Recipient agrees to discuss in good faith with the Affected Party as to whether a relevant exemption/exception to the requirement to disclose the relevant Confidential Information under the FOIA Laws might be applicable, provided that the Affected Party makes itself available for such discussions within a reasonable time (and in any event five (5) working days of being notified of the Request for Information) so that the Request Recipient has a reasonable opportunity to consider the Affected Party’s comments prior to the deadline for the Request Recipient to respond to the Request for Information.Request
19.3 27.3 Where a Party receives a Request for Information in relation to information or records held by the other Party on behalf of the Request Recipient, the other Party will within five (5) working days of the request (or such shorter time frame requested, where it is necessary to ensure the Request Recipient’s compliance with FOIA Laws), provide the Request Recipient with a copy of such information in the form reasonably requested.
19.4 27.4 Each Party shall ensure that all information produced in the course of the Agreement or relating to the Agreement is retained for disclosure and shall permit the NC3Rs or Contractor as the case may be to inspect such records as requested from time to time.
Appears in 1 contract
Samples: Phase 2 Contractor Agreement
Freedom of Information Xxx 0000. (FOIA)
19.1 27.1. Each Party acknowledges and agrees that:
19.1.1 27.1.1. the NC3Rs and the Contractor are respectively subject to the requirements of the FOIA Laws and may receive a Request for Information;
19.1.2 27.1.2. each Party that receives a Request for Information (the “Request Recipient”) shall be responsible for determining at its absolute discretion whether any requested information (including Confidential Information of the other Party) is subject to any exemption and/or exception from disclosure and/or publication in accordance with the relevant provisions of the FOIA Laws or is to be disclosed in response to a Request for Information, and nothing in this Agreement shall remove or in any way limit that discretion of the Request Recipient;
19.1.3 27.1.3. it shall reasonably assist and cooperate with the Request Recipient to enable the Request Recipient to comply with its obligation under the FOIA Laws in relation to the Request for Information, including compliance with any time limits imposed under the FOIA Laws; and
19.1.4 27.1.4. in some circumstances it may not be possible or reasonable for the Request Recipient to provide notice of any Request for Information or consider the comments of the other Parties in relation to it, prior to responding to such a request.
19.2 27.2. Subject to Clause 19.127.1, where the Request Recipient receives a Request for Information:
19.2.1 27.2.1. the Request Recipient will notify the Party whose Confidential Information is the subject of the Request for Information (the “Affected Party”) as soon as reasonably possible (and in any event within five (5) working days of receipt), confirming what Confidential Information is being requested; and
19.2.2 27.2.2. the Request Recipient agrees to discuss in good faith with the Affected Party as to whether a relevant exemption/exception to the requirement to disclose the relevant Confidential Information under the FOIA Laws might be applicable, provided that the Affected Party makes itself available for such discussions within a reasonable time (and in any event five (5) working days of being notified of the Request for Information) so that the Request Recipient has a reasonable opportunity to consider the Affected Party’s comments prior to the deadline for the Request Recipient to respond to the Request for Information.
19.3 27.3. Where a Party receives a Request for Information in relation to information or records held by the other Party on behalf of the Request Recipient, the other Party will within five (5) working days of the request (or such shorter time frame requested, where it is necessary to ensure the Request Recipient’s compliance with FOIA Laws), provide the Request Recipient with a copy of such information in the form reasonably requested.
19.4 27.4. Each Party shall ensure that all information produced in the course of the Agreement or relating to the Agreement is retained for disclosure and shall permit the NC3Rs or Contractor as the case may be to inspect such records as requested from time to time.
Appears in 1 contract
Freedom of Information Xxx 0000. (FOIA)
19.1 27.1 Each Party acknowledges and agrees that:
19.1.1 27.1.1. the NC3Rs and the Contractor are respectively subject to the requirements of the FOIA Laws and may receive a Request for Information;
19.1.2 27.1.2. each Party that receives a Request for Information (the “Request Recipient”) shall be responsible for determining at its absolute discretion whether any requested information (including Confidential Information of the other Party) is subject to any exemption and/or exception from disclosure and/or publication in accordance with the relevant provisions of the FOIA Laws or is to be disclosed in response to a Request for Information, and nothing in this Agreement shall remove or in any way limit that discretion of the Request Recipient;
19.1.3 27.1.3. it shall reasonably assist and cooperate with the Request Recipient to enable the Request Recipient to comply with its obligation under the FOIA Laws in relation to the Request for Information, including compliance with any time limits imposed under the FOIA Laws; and
19.1.4 27.1.4. in some circumstances it may not be possible or reasonable for the Request Recipient to provide notice of any Request for Information or consider the comments of the other Parties in relation to it, prior to responding to such a request.
19.2 27.2 Subject to Clause 19.127.1, where the Request Recipient receives a Request for Information:
19.2.1 27.2.1 the Request Recipient will notify the Party whose Confidential Information is the subject of the Request for Information (the “Affected Party”) as soon as reasonably possible (and in any event within five (5) working days of receipt), confirming what Confidential Information is being requested; and
19.2.2 27.2.2 the Request Recipient agrees to discuss in good faith with the Affected Party as to whether a relevant exemption/exception to the requirement to disclose the relevant Confidential Information under the FOIA Laws might be applicable, provided that the Affected Party makes itself available for such discussions within a reasonable time (and in any event five (5) working days of being notified of the Request for Information) so that the Request Recipient has a reasonable opportunity to consider the Affected Party’s comments prior to the deadline for the Request Recipient to respond to the Request for Information.
19.3 27.3 Where a Party receives a Request for Information in relation to information or records held by the other Party on behalf of the Request Recipient, the other Party will within five (5) working days of the request (or such shorter time frame requested, where it is necessary to ensure the Request Recipient’s compliance with FOIA Laws), provide the Request Recipient with a copy of such information in the form reasonably requested.
19.4 27.4 Each Party shall ensure that all information produced in the course of the Agreement or relating to the Agreement is retained for disclosure and shall permit the NC3Rs or Contractor as the case may be to inspect such records as requested from time to time.
Appears in 1 contract
Samples: Phase 2 Contractor Agreement
Freedom of Information Xxx 0000. (FOIA)
19.1 27.1 Each Party acknowledges and agrees that:
19.1.1 27.1.1. the NC3Rs and the Contractor are respectively subject to the requirements of the FOIA Laws and may receive a Request for Information;
19.1.2 27.1.2. each Party that receives a Request for Information (the “Request Recipient”) shall be responsible for determining at its absolute discretion whether any requested information (including Confidential Information of the other Party) is subject to any exemption and/or exception from disclosure and/or publication in accordance with the relevant provisions of the FOIA Laws or is to be disclosed in response to a Request for Information, and nothing in this Agreement shall remove or in any way limit that discretion of the Request Recipient;
19.1.3 27.1.3. it shall reasonably assist and cooperate with the Request Recipient to enable the Request Recipient to comply with its obligation under the FOIA Laws in relation to the Request for Information, including compliance with any time limits imposed under the FOIA Laws; and
19.1.4 27.1.4. in some circumstances it may not be possible or reasonable for the Request Recipient to provide notice of any Request for Information or consider the comments of the other Parties in relation to it, prior to responding to such a request.
19.2 27.2 Subject to Clause 19.127.1, where the Request Recipient receives a Request for Information:
19.2.1 27.2.1 the Request Recipient will notify the Party whose Confidential Information is the subject of the Request for Information (the “Affected Party”) as soon as reasonably possible (and in any event within five (5) working days of receipt), confirming what Confidential Information is being requested; and
19.2.2 27.2.2 the Request Recipient agrees to discuss in good faith with the Affected Party as to whether a relevant exemption/exception to the requirement to disclose the relevant Confidential Information under the FOIA Laws might be applicable, provided that the Affected Party makes itself available for such discussions within a reasonable time (and in any event five (5) working days of being notified of the Request for Information) so that the Request Recipient has a reasonable opportunity to consider the Affected Party’s comments prior to the deadline for the Request Recipient to respond to the Request for Information.being
19.3 27.3 Where a Party receives a Request for Information in relation to information or records held by the other Party on behalf of the Request Recipient, the other Party will within five (5) working days of the request (or such shorter time frame requested, where it is necessary to ensure the Request Recipient’s compliance with FOIA Laws), provide the Request Recipient with a copy of such information in the form reasonably requested.
19.4 27.4 Each Party shall ensure that all information produced in the course of the Agreement or relating to the Agreement is retained for disclosure and shall permit the NC3Rs or Contractor as the case may be to inspect such records as requested from time to time.
Appears in 1 contract
Samples: Phase 2 Contractor Agreement
Freedom of Information Xxx 0000. (“FOIA”)
19.1 Each Party 16.1 The Hirer acknowledges and agrees that:
19.1.1 that the NC3Rs and the Contractor are respectively Licensor is subject to the requirements of the FOIA Laws and may receive the Environmental Information Regulations 2004 (“EIR”) and shall assist and cooperate with the Licensor to enable the Licensor to comply with its information disclosure obligations under the same.
16.2 The Hirer shall and shall ensure that its employees, agents, sub-contractors and any other representatives shall:
(a) transfer any request for Information (as defined within the FOIA) under the FOIA or the EIR (a “Request for Information”) to the Licensor as soon as practicable after receipt and in any event within two business days of receiving a Request for Information;
19.1.2 each Party (b) provide the Licensor with a copy of all Information in its possession or power in the form that receives the Licensor requires within five business days (or such other period as the Licensor may specify) of the Licensor requesting that Information; and
(c) provide all necessary assistance as reasonably requested by the Licensor to respond to a Request for Information (within the “Request Recipient”) time for compliance set out in section 10 of FOIA or regulation 5 of EIR.
16.3 The Licensor shall be responsible for determining at its absolute discretion whether any requested information Information:
(including Confidential Information of the other Partya) is subject to any exemption and/or exception exempt from disclosure and/or publication in accordance with the relevant provisions of the FOIA Laws or EIR; and/or
(b) is to be disclosed in response to a Request for Information, and nothing in this Agreement shall remove or in any way limit .
16.4 The Hirer acknowledges that discretion of the Request Recipient;
19.1.3 it shall reasonably assist and cooperate with the Request Recipient to enable the Request Recipient to comply with its obligation Licensor may be obliged under the FOIA Laws or EIR to disclose Information, in relation some cases even where that Information is commercially sensitive provided that the Licensor take reasonable steps, where appropriate, to give the Hirer advanced notice, or failing that, to draw the disclosure to the Request for Information, including compliance with any time limits imposed under the FOIA Laws; and
19.1.4 in some circumstances it may not be possible or reasonable for the Request Recipient to provide notice of any Request for Information or consider the comments of the other Parties in relation to it, prior to responding to such a request.
19.2 Subject to Clause 19.1, where the Request Recipient receives a Request for Information:
19.2.1 the Request Recipient will notify the Party whose Confidential Information is the subject of the Request for Information (the “Affected Party”) Hirer's attention as soon as reasonably possible (and in practicable after any event within five (5) working days of receipt), confirming what Confidential Information is being requested; and
19.2.2 the Request Recipient agrees to discuss in good faith with the Affected Party as to whether a relevant exemption/exception to the requirement to disclose the relevant Confidential Information under the FOIA Laws might be applicable, provided that the Affected Party makes itself available for such discussions within a reasonable time (and in any event five (5) working days of being notified of the Request for Information) so that the Request Recipient has a reasonable opportunity to consider the Affected Party’s comments prior to the deadline for the Request Recipient to respond to the Request for Informationdisclosure.
19.3 Where a Party receives a Request for Information in relation to information or records held by the other Party on behalf of the Request Recipient, the other Party will within five (5) working days of the request (or such shorter time frame requested, where it is necessary to ensure the Request Recipient’s compliance with FOIA Laws), provide the Request Recipient with a copy of such information in the form reasonably requested.
19.4 Each Party shall ensure that all information produced in the course of the Agreement or relating to the Agreement is retained for disclosure and shall permit the NC3Rs or Contractor as the case may be to inspect such records as requested from time to time.
Appears in 1 contract
Samples: Licensing Agreement
Freedom of Information Xxx 0000. 15.1 The Contractor acknowledges that Tate is a 'Public Authority' for the purposes of FOIA and EIR. Subject to certain exemptions, Tate may be required to release information to a third party upon request which may relate to the Services and/ or this Agreement.
15.2 If Tate receives a request under FOIA and/ or EIR which relates to the Services and/ or this Agreement, the following provisions shall apply:
15.2.1 In accordance with the FOIA Code of Practice Tate will use its reasonable endeavours to consult with the Contractor and will take its views into account when considering whether or not the information requested (FOIA)if held) is exempt from disclosure;
19.1 Each Party 15.2.2 The Contractor shall, at its own cost, assist and fully co-operate with any request for consultation to enable Tate to comply with its obligations under FOIA and/ or EIR and to enable Tate to respond to the request within the time for compliance set out in section 10 of FOIA and Regulation 5(2) of EIR;
15.2.3 The Contractor acknowledges and agrees that:
19.1.1 the NC3Rs and the Contractor are respectively subject to the requirements of the FOIA Laws and may receive a Request for Information;
19.1.2 each Party accepts that receives a Request for Information (the “Request Recipient”) Tate shall be responsible for determining at in its absolute discretion whether any requested information (including Confidential Information of the other Party) is subject to any exemption and/or exception exempt from disclosure and/or publication under FOIA and the extent of information to be disclosed; and
15.2.4 Without prejudice to Clause 15.2.1, the Contractor further acknowledges and accepts that Tate may, acting in accordance with the relevant provisions FOIA Code of Practice, be obliged to disclose information:
(i) without consulting with the Contractor (including, without limitation, when directed to do so by the Information Tribunal or by the Information Commissioner) but where practicable, shall notify the Contractor prior to such disclosure; or
(ii) following consultation with the Contractor and having taken its views into account.
15.3 Tate shall not be liable for any loss or damage that the Contractor may suffer as a result of Xxxx'x disclosure of information under FOIA Laws and/ or is to be disclosed in response to a Request for Information, and nothing EIR.
15.4 The obligations contained in this Clause 15 shall remain in force notwithstanding the termination of this Agreement shall remove or in for any way limit that discretion of the Request Recipient;
19.1.3 it shall reasonably assist and cooperate with the Request Recipient to enable the Request Recipient to comply with its obligation under the FOIA Laws in relation to the Request for Information, including compliance with any time limits imposed under the FOIA Laws; and
19.1.4 in some circumstances it may not be possible or reasonable for the Request Recipient to provide notice of any Request for Information or consider the comments of the other Parties in relation to it, prior to responding to such a requestreason whatsoever.
19.2 Subject to Clause 19.1, where the Request Recipient receives a Request for Information:
19.2.1 the Request Recipient will notify the Party whose Confidential Information is the subject of the Request for Information (the “Affected Party”) as soon as reasonably possible (and in any event within five (5) working days of receipt), confirming what Confidential Information is being requested; and
19.2.2 the Request Recipient agrees to discuss in good faith with the Affected Party as to whether a relevant exemption/exception to the requirement to disclose the relevant Confidential Information under the FOIA Laws might be applicable, provided that the Affected Party makes itself available for such discussions within a reasonable time (and in any event five (5) working days of being notified of the Request for Information) so that the Request Recipient has a reasonable opportunity to consider the Affected Party’s comments prior to the deadline for the Request Recipient to respond to the Request for Information.
19.3 Where a Party receives a Request for Information in relation to information or records held by the other Party on behalf of the Request Recipient, the other Party will within five (5) working days of the request (or such shorter time frame requested, where it is necessary to ensure the Request Recipient’s compliance with FOIA Laws), provide the Request Recipient with a copy of such information in the form reasonably requested.
19.4 Each Party shall ensure that all information produced in the course of the Agreement or relating to the Agreement is retained for disclosure and shall permit the NC3Rs or Contractor as the case may be to inspect such records as requested from time to time.
Appears in 1 contract
Samples: Service Agreement