Common use of Freedom of Information Clause in Contracts

Freedom of Information. 8.1 The Supplier acknowledges that DFID is subject to the requirements of the FOIA, the Environmental Information Regulations and associated codes of practice shall assist and cooperate with DFID to enable DFID to comply with its Information disclosure obligations. 8.2 The Supplier shall and shall ensure that its Sub-contractors shall: 8.2.1 transfer to DFID all Requests for Information that it receives as soon as practicable and in any event within two Working Days of receiving a Request for Information; 8.2.2 provide DFID with a copy of all Information in its possession, or power in the form that DFID requires within five Working Days (or such other period as DFID may specify) of DFID’s request; and 8.2.3 provide all necessary assistance as reasonably requested by DFID to enable DFID to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, the Environmental Information Regulations and associated codes of practice. 8.4 In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by DFID. 8.5 The Supplier acknowledges that (notwithstanding the provisions of Clause 8) DFID may, acting in accordance with the Department of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Services: 8.5.1 in certain circumstances without consulting the Supplier; or 8.5.2 following consultation with the Contractor and having taken their views into account; provided always that where 8.5.1 applies DFID shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosure. 8.6 The Supplier shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.

Freedom of Information. 8.1 12.1 The Supplier Contractor acknowledges that DFID the Department is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations and associated codes of practice shall assist and cooperate with DFID the Department to enable DFID the Department to comply with its Information information disclosure obligations. 8.2 12.2 The Supplier Contractor shall and shall ensure procure that its Sub-contractors shall: 8.2.1 12.2.1 transfer to DFID the Department all Requests for Information that it receives as soon as practicable and in any event within two Working Days of receiving a Request for Information; 8.2.2 12.2.2 provide DFID the Department with a copy of all Information in its possession, or power in the form that DFID the Department requires within five Working Days (or such other period as DFID the Department may specify) of DFID’s the Department's request; and 8.2.3 12.2.3 provide all necessary assistance as reasonably requested by DFID the Department to enable DFID the Department to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID 12.3 The Department shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental Information Regulations and associated codes of practiceRegulations. 8.4 12.4 In no event shall the Supplier Contractor respond directly to a Request for Information unless expressly authorised to do so by DFIDthe Department. 8.5 12.5 The Supplier Contractor acknowledges that (notwithstanding the provisions of Clause 8) DFID 13) the Department may, acting in accordance with the Department Ministry of Constitutional Affairs’ Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the ServicesProject: 8.5.1 12.5.1 in certain circumstances without consulting the SupplierContractor; or 8.5.2 12.5.2 following consultation with the Contractor and having taken their views into account; ; 12.5.3 provided always that where 8.5.1 12.5.1 applies DFID the Department shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier Contractor advanced notice, or failing that, to draw the disclosure to the SupplierContractor’s attention after any such disclosure. 8.6 12.6 The Supplier Contractor shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID the Department to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.

Freedom of Information. 8.1 19.1 The Supplier CONTRACTOR acknowledges that DFID the CUSTOMER is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations and associated codes of practice shall assist and cooperate with DFID the CUSTOMER to enable DFID the CUSTOMER to comply with its Information disclosure obligations. 8.2 19.2 The Supplier CONTRACTOR shall and shall ensure procure that its Sub-contractors Contractors shall: 8.2.1 19.2.1 transfer to DFID the CUSTOMER all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 8.2.2 19.2.2 provide DFID the CUSTOMER with a copy of all Information in its possession, possession or power in the form that DFID the CUSTOMER requires within five (5) Working Days (or such other period as DFID the CUSTOMER may specify) of DFIDthe CUSTOMER’s request; and 8.2.3 19.2.3 provide all necessary assistance as reasonably requested by DFID the CUSTOMER to enable DFID the CUSTOMER to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID 19.3 The CUSTOMER shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental Information Regulations and associated codes of practiceRegulations. 8.4 19.4 In no event shall the Supplier CONTRACTOR respond directly to a Request for Information unless expressly authorised to do so by DFIDthe CUSTOMER. 8.5 19.5 The Supplier CONTRACTOR acknowledges that (notwithstanding the provisions of this Clause 8) DFID 19) the CUSTOMER may, acting in accordance with the Department of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 Act 2000 (“the Code”), be obliged under the FOIA, FOIA or the Environmental Information Regulations to disclose information concerning the Contractor CONTRACTOR or the ServicesOrdered IT Products: 8.5.1 19.5.1 in certain circumstances without consulting the SupplierCONTRACTOR; or 8.5.2 19.5.2 following consultation with the Contractor CONTRACTOR and having taken their views into account; , provided always that where 8.5.1 Clause 19.5.1 applies DFID the CUSTOMER shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier CONTRACTOR advanced notice, or failing that, to draw the disclosure to the SupplierCONTRACTOR’s attention after any such disclosure. 8.6 19.6 The Supplier CONTRACTOR shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID the CUSTOMER to inspect such records as requested from time to time. 8.7 19.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier CONTRACTOR acknowledges that any the Commercially Sensitive Information noted within this contract listed in Schedule 2-10 is of indicative value only and that DFID the CUSTOMER may be obliged to disclose it in accordance with clause 8.5Clause 19.5.

Freedom of Information. 8.1 20.1. The Supplier acknowledges that DFID the Authority is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations and associated codes of practice shall assist and cooperate co-operate with DFID the Authority to enable DFID the Authority to comply with its Information disclosure obligations. 8.2 20.2. The Supplier shall and shall ensure procure that its Sub-contractors Contractors shall: 8.2.1 20.2.1. transfer to DFID the Authority all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 8.2.2 20.2.2. provide DFID the Authority with a copy of all Information Information, relevant to a Request for Information, in its possessioncontrol, possession or power power, in the form that DFID requires the Authority requests within five (5) Working Days (or such other period as DFID the Authority may specify) of DFID’s the Authority's request; and 8.2.3 20.2.3. provide all necessary assistance as reasonably requested by DFID the Authority to enable DFID the Authority to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID 20.3. The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract Framework Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental Information Regulations and associated codes of practiceRegulations. 8.4 20.4. In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by DFIDthe Authority. 8.5 20.5. The Supplier acknowledges that (notwithstanding the provisions of Clause 8) DFID Authority may, acting in accordance with the Department Ministry of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Justice Code”), be obliged under the FOIA, FOIA or the Environmental Information Regulations to disclose information concerning the Contractor Supplier or the Goods and/or Services: 8.5.1 20.5.1. in certain circumstances without consulting the Supplier; or 8.5.2 20.5.2. following consultation with the Contractor Supplier and having taken their the Supplier’s views into account; , provided always that where 8.5.1 Clause 20.5.1 applies DFID the Authority shall, in accordance with any recommendations of the Ministry of Justice Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s 's attention after any such disclosure. 8.6 20.6. The Supplier shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 Clause 15 (Records and 8.8 Audit Access) and shall permit DFID the Authority to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 20.7. The Supplier acknowledges that any the description of information as Commercially Sensitive Information noted within this contract in Framework Schedule 11 (Commercially Sensitive Information) is of an indicative value nature only and that DFID the Authority may be obliged to disclose it in accordance with clause 8.5Clause 20.5.

Freedom of Information. 8.1 The Supplier acknowledges that DFID is subject to the requirements of the FOIA, the Environmental Information Regulations and associated codes of practice shall assist and cooperate with DFID to enable DFID to comply with its Information disclosure obligations. 8.2 The Supplier shall and shall ensure that its Sub-contractors shall: 8.2.1 transfer to DFID all Requests for Information that it receives as soon as practicable and in any event within two Working Days of receiving a Request for Information; 8.2.2 provide DFID with a copy of all Information in its possession, or power in the form that DFID requires within five Working Days (or such other period as DFID may specify) of DFID’s request; and 8.2.3 provide all necessary assistance as reasonably requested by DFID to enable DFID to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, the Environmental Information Regulations and associated codes of practice. 8.4 In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by DFID. 8.5 The Supplier acknowledges that (notwithstanding the provisions of Clause 8) DFID may, acting in accordance with the Department of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Services: 8.5.1 in certain circumstances without consulting the Supplier; or 8.5.2 following consultation with the Contractor and having taken their views into account; provided always that where 8.5.1 applies DFID shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosure. 8.6 The Supplier shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.

Freedom of Information. 8.1 25.1 The Supplier acknowledges that DFID the Customer is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations 2004 and associated codes of practice shall assist and cooperate with DFID the Customer to enable DFID the Customer to comply with its Information disclosure obligations. 8.2 25.2 The Supplier shall and shall ensure procure that its Sub-any sub- contractors shall: 8.2.1 shall transfer to DFID the Customer all Requests for Information that it receives as soon as practicable and in any event within two [two] Working Days of receiving a Request for Information; 8.2.2 (a) provide DFID the Customer with a copy of all Information in its possession, or power in the form that DFID the Customer requires within five [five] Working Days (or such other period as DFID the Customer may specify) of DFID’s the Customer's request; and 8.2.3 (b) provide all necessary assistance as reasonably requested by DFID the Customer to enable DFID the Customer to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation Regulation 5 of the Environmental Information RegulationsRegulations 2004. 8.3 DFID 25.3 The Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information Agreement and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental Information Regulations and associated codes of practice2004. 8.4 25.4 In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by DFIDthe Customer. 8.5 25.5 The Supplier acknowledges that (notwithstanding the provisions of Clause 8) DFID this clause 25 and the provisions of clause 32) the Customer may, acting in accordance with the Department Secretary of State for Constitutional Affairs’ Affairs Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations 2004 to disclose information concerning the Contractor Supplier or the ServicesServices in certain circumstances: 8.5.1 in certain circumstances (a) without consulting the Supplier; or 8.5.2 (b) following consultation with the Contractor Supplier and having taken their views into account; provided always that where 8.5.1 clause 25.5(a) applies DFID the Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosure. 8.6 25.6 The Supplier shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID the Customer to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.

Freedom of Information. 8.1 21.1 The Supplier Provider acknowledges that DFID the Authority is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations and associated codes of practice shall assist and cooperate with DFID the Authority to enable DFID the Authority to comply with its Information disclosure obligations. 8.2 21.2 The Supplier Provider shall and shall ensure procure that its Sub-contractors Contractors shall: 8.2.1 (a) transfer to DFID the Authority all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 8.2.2 (b) provide DFID the Authority with a copy of all Information in its possession, or power in the form that DFID the Authority requires within five (5) Working Days (or such other period as DFID the Authority may specify) of DFIDthe Authority’s request; and 8.2.3 (c) provide all necessary assistance as reasonably requested by DFID the Authority to enable DFID the Authority to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID 21.3 The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental Information Regulations and associated codes of practiceRegulations. 8.4 21.4 In no event shall the Supplier Provider respond directly to a Request for Information unless expressly authorised to do so by DFIDthe Authority. 8.5 21.5 The Supplier Provider acknowledges that (notwithstanding the provisions of Clause 8) DFID 21.2) the Authority may, acting in accordance with the Department Secretary of State for Constitutional Affairs’ Affairs Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor Provider or the Services: 8.5.1 (a) in certain circumstances without consulting the SupplierProvider; or 8.5.2 (b) following consultation with the Contractor Provider and having taken their views into account; ; (c) provided always that where 8.5.1 21.1 applies DFID the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier Provider advanced notice, or failing that, to draw the disclosure to the SupplierProvider’s attention after any such disclosure. 8.6 The Supplier shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.

Freedom of Information. 8.1 22.1 The Supplier acknowledges that DFID the Authority is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations and associated codes of practice shall assist and cooperate co-operate with DFID the Authority to enable DFID the Authority to comply with its Information information disclosure obligations. 8.2 22.2 The Supplier shall and shall ensure procure that its Sub-contractors Contractors shall: 8.2.1 22.2.1 transfer to DFID the Authority all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 8.2.2 22.2.2 provide DFID the Authority with a copy of all Information information that is relevant to a Request for information and in its possessioncontrol, possession or power power, in the form that DFID requires the Authority requests within five (5) Working Days (or such other period as DFID the Authority may specify) of DFIDor the Authority’s request; and 8.2.3 22.2.3 provide all necessary assistance as reasonably requested by DFID the Authority to enable DFID the Authority to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID 22.3 The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract Framework Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information information is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental Information Regulations and associated codes of practiceRegulations. 8.4 22.4 In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by DFIDwithout prior Approval. 8.5 22.5 The Supplier acknowledges that (notwithstanding the provisions of this Clause 8) DFID 22) the Authority may, acting in accordance with the Department Ministry of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”)Justice Codes, be obliged under the FOIA, FOIA or the Environmental Information Regulations to disclose information concerning the Contractor Supplier or the Services: 8.5.1 in 22.5.1 In certain circumstances without consulting the Supplier; or 8.5.2 22.5.2 following consultation with the Contractor Supplier and having taken their the Supplier’s views into account; , provided always that where 8.5.1 this Clause 22.5 applies DFID the Authority shall, in accordance with any recommendations of the CodeMinistry of Justice Codes, take reasonable steps, where appropriate, to give the Supplier advanced advance notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosure. 8.6 22.6 The Supplier shall ensure that all Information information is retained for disclosure in accordance with clauses 8.7 Clause 16 (Records and 8.8 Audit Access) and shall permit DFID the Authority to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 22.7 The Supplier acknowledges that any the Commercially Sensitive Information noted within this contract listed in Framework Schedule 10 (Commercially Sensitive Information) is of an indicative value nature only and that DFID the Authority may be obliged to disclose it in accordance with clause 8.5Clause 22.5.

Freedom of Information. 8.1 The Supplier Solicitor acknowledges that DFID the Client is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations and associated codes of practice shall assist and cooperate with DFID the Client to enable DFID the Client to comply with its Information disclosure obligations. 8.2 . The Supplier Solicitor shall and shall ensure procure that its Sub-contractors Contractors shall: 8.2.1 : transfer to DFID the Client all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 8.2.2 ; provide DFID the Client with a copy of all Information relating to a Request for Information in its possession, or power control in the form that DFID the Client requires within five (5) Working Days (or such other period as DFID the Client may specify) of DFID’s the Client's request; and 8.2.3 and provide all necessary assistance as reasonably requested by DFID the Client to enable DFID the Client to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID . The Client shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this the Contract or any other agreement contract whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental Information Regulations and associated codes of practice. 8.4 Regulations. In no event shall the Supplier Solicitor respond directly to a Request for Information unless expressly authorised in writing to do so by DFID. 8.5 the Client. The Supplier Solicitor acknowledges that (notwithstanding the provisions of Clause 8) DFID 6.2) the Client may, acting in accordance with the Department Ministry of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”)Justice Codes, be obliged under the FOIA, FOIA or the Environmental Information Regulations to disclose information concerning the Contractor Solicitor or the Contract Services: 8.5.1 : in certain circumstances without consulting the SupplierSolicitor; or 8.5.2 or following consultation with the Contractor Solicitor and having taken their the Solicitor’s views into account; , provided always that where 8.5.1 Clause 6.4.6 applies DFID the Client shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier Solicitor advanced notice, or failing that, to draw the disclosure to the Supplier’s Solicitor's attention after any such disclosure. 8.6 . The Supplier Solicitor shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 the provisions of the Contract and 8.8 in any event in accordance with the requirements of Good Industry Practice and shall permit DFID the Client on reasonable notice to inspect such records as requested from time to time. 8.7 . The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier Solicitor acknowledges that any the Commercially Sensitive Information noted within this contract is of an indicative value nature only and that DFID the Client may be obliged to disclose it in accordance with clause 8.5Clause 6.4.5.

Freedom of Information. 8.1 29.1 The Supplier acknowledges that DFID is subject to the requirements of the FOIAParties acknowledge that, the Environmental Information Regulations and associated codes of practice shall assist and cooperate with DFID to enable DFID to comply with its Information disclosure obligations. 8.2 The Supplier shall and shall ensure that its Sub-contractors shall: 8.2.1 transfer to DFID all Requests except for Information that it receives as soon as practicable and in any event within two Working Days of receiving a Request for Information; 8.2.2 provide DFID with a copy of all Information in its possession, or power in the form that DFID requires within five Working Days (or such other period as DFID may specify) of DFID’s request; and 8.2.3 provide all necessary assistance as reasonably requested by DFID to enable DFID to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information information which is exempt from disclosure in accordance with the provisions of the FOIA, the Environmental Information Regulations and associated codes content of practice. 8.4 In no event this Agreement is not Confidential Information. The Authority shall be responsible for determining in its absolute discretion whether any of the Supplier respond directly to a Request for Information unless expressly authorised to do so by DFID. 8.5 The Supplier acknowledges that (notwithstanding content of the provisions of Clause 8) DFID may, acting Agreement is exempt from disclosure in accordance with the Department of Constitutional Affairs’ Code of Practice on the Discharge provisions of the Functions FOIA. Notwithstanding any other term of Public Authorities under Part 1 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 Freedom of Information Xxx 0000 (“the Code”FOIA redacted), be obliged under including from time to time agreed changes to the FOIAAgreement, or to the general public. 29.2 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 concerning 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. 29.3 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 Services: 8.5.1 in certain circumstances without consulting the Supplier; or 8.5.2 following consultation with EIRs, the Contractor and having taken their views into account; provided always that where 8.5.1 applies DFID shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, undertakes to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosure. 8.6 The Supplier shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 (and shall permit DFID procure that its collaborators, employees, agents and sub-contractors shall) provide access to inspect such records information as requested from time to time. 8.7 The Supplier shallsoon as reasonably practicable, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expenseexpense and at no charge to the Authority, on the request of the Authority and in any case within five (5) working days. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.

Freedom of Information. 8.1 The Supplier acknowledges that DFID the Customer is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations and associated codes of practice shall assist and cooperate with DFID the Customer to enable DFID the Customer to comply with its Information disclosure obligations. 8.2 . The Supplier shall and shall ensure procure that its Sub-contractors Contractors shall: 8.2.1 : transfer to DFID the Customer all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 8.2.2 ; provide DFID the Customer with a copy of all Information in its possession, or power control in the form that DFID the Customer requires within five (5) Working Days (or such other period as DFID the Customer may specify) of DFID’s the Customer's request; and 8.2.3 and provide all necessary assistance as reasonably requested by DFID the Customer to enable DFID the Customer to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID . The Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Call Off Contract or any other agreement Call Off Agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental Information Regulations and associated codes of practice. 8.4 Regulations. In no event shall the Supplier respond directly to a Request for Information unless expressly authorised in writing to do so by DFID. 8.5 the Customer. The Supplier acknowledges that (notwithstanding the provisions of Clause 8) DFID 34 (Confidentiality)) the Customer may, acting in accordance with the Ministry of Justice’ (formerly Department of Constitutional Affairs’ ’) Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 FOIA (“"the Code”"), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor Supplier or the Goods and/or Services: 8.5.1 : in certain circumstances without consulting the Supplier; or 8.5.2 or following consultation with the Contractor Supplier and having taken their views into account; , provided always that where 8.5.1 Clause 36.5 applies DFID the Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced advance notice, or failing that, to draw the disclosure to the Supplier’s 's attention after any such disclosure. 8.6 . The Supplier shall ensure that all Information relating to this Call Off Contract is retained for disclosure in accordance with clauses 8.7 the provisions of this Call Off Contract and 8.8 in any event in accordance with the requirements of Good Industry Practice and shall permit DFID the Customer to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 . The Supplier acknowledges that any the Commercially Sensitive Information noted within this contract is of indicative value only and that DFID the Customer may be obliged to disclose it in accordance with clause 8.5Clause 36.5.

Freedom of Information. 8.1 The Supplier acknowledges that DFID is subject to the requirements of the FOIA, the Environmental Information Regulations and associated codes of practice shall assist and cooperate with DFID to enable DFID to comply with its Information disclosure obligations. 8.2 The Supplier shall and shall ensure that its Sub-contractors shall: 8.2.1 transfer to DFID all Requests for Information that it receives as soon as practicable and in any event within two Working Days of receiving a Request for Information; 8.2.2 provide DFID with a copy of all Information in its possession, or power in the form that DFID requires within five Working Days (or such other period as DFID may specify) of DFID’s request; and 8.2.3 provide all necessary assistance as reasonably requested by DFID to enable DFID to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, the Environmental Information Regulations and associated codes of practice. 8.4 In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by DFID. 8.5 The Supplier acknowledges that (notwithstanding the provisions of Clause 8) DFID may, acting in accordance with the Department of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor Supplier or the Services: 8.5.1 in certain circumstances without consulting the Supplier; or 8.5.2 following consultation with the Contractor Supplier and having taken their views into account; provided always that where 8.5.1 ; 5.1 applies DFID shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosure. 8.6 The Supplier shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.

Freedom of Information. 8.1 23.1 The Supplier acknowledges that DFID the Authority is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations and associated codes of practice shall assist and cooperate co-operate with DFID the Authority to enable DFID the Authority to comply with its Information disclosure obligations. 8.2 23.2 The Supplier shall and shall ensure procure that its Sub-contractors Contractors shall: 8.2.1 23.2.1 transfer to DFID the Authority all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 8.2.2 23.2.2 provide DFID the Authority with a copy of all Information Information, relevant to a Request for Information, in its possessioncontrol, possession or power power, in the form that DFID requires the Authority requests within five (5) Working Days (or such other period as DFID the Authority may specify) of DFID’s the Authority's request; and 8.2.3 23.2.3 provide all necessary assistance as reasonably requested by DFID the Authority to enable DFID the Authority to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID 23.3 The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract Framework Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental Information Regulations and associated codes of practiceRegulations. 8.4 23.4 In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by DFIDthe Authority. 8.5 23.5 The Supplier acknowledges that (notwithstanding the provisions of this Clause 8) DFID 23) the Authority may, acting in accordance with the Department Ministry of Constitutional Affairs’ Justice's Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“"the Code”"), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor Supplier or the Services: 8.5.1 23.5.1 in certain circumstances without consulting the Supplier; or 8.5.2 23.5.2 following consultation with the Contractor Supplier and having taken their views into account; , provided always that where 8.5.1 Clause 23.5 applies DFID the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s 's attention after any such disclosure. 8.6 23.6 The Supplier shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 Clause 17 (Records and 8.8 Audit Access) and shall permit DFID the Authority to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 23.7 The Supplier acknowledges that any the Commercially Sensitive Information noted within this contract listed in Framework Schedule 12 (Commercially Sensitive Information) is of indicative value only and that DFID the Authority may be obliged to disclose it in accordance with clause 8.5Clause 23.5.

Freedom of Information. 8.1 The Supplier acknowledges that DFID the Customer is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations and associated codes of practice shall assist and cooperate with DFID the Customer to enable DFID the Customer to comply with its Information disclosure obligations. 8.2 . The Supplier shall and shall ensure procure that its Sub-contractors Contractors shall: 8.2.1 : transfer to DFID the Customer all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 8.2.2 ; provide DFID the Customer with a copy of all Information in its possession, or power control in the form that DFID the Customer requires within five (5) Working Days (or such other period as DFID the Customer may specify) of DFID’s the Customer's request; and 8.2.3 and provide all necessary assistance as reasonably requested by DFID the Customer to enable DFID the Customer to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID . The Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Call Off Contract or any other agreement Call Off Agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental Information Regulations and associated codes of practice. 8.4 Regulations. In no event shall the Supplier respond directly to a Request for Information unless expressly authorised in writing to do so by DFID. 8.5 the Customer. The Supplier acknowledges that (notwithstanding the provisions of Clause 8) DFID 32 (Confidentiality)) the Customer may, acting in accordance with the Ministry of Justice’ (formerly Department of Constitutional Affairs’ ’) Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 FOIA (“"the Code”"), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor Supplier or the Goods and/or Services: 8.5.1 : in certain circumstances without consulting the Supplier; or 8.5.2 or following consultation with the Contractor Supplier and having taken their views into account; , provided always that where 8.5.1 Clause 34.5 applies DFID the Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced advance notice, or failing that, to draw the disclosure to the Supplier’s 's attention after any such disclosure. 8.6 . The Supplier shall ensure that all Information relating to this Call Off Contract is retained for disclosure in accordance with clauses 8.7 the provisions of this Call Off Contract and 8.8 in any event in accordance with the requirements of Good Industry Practice and shall permit DFID the Customer to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 . The Supplier acknowledges that any the Commercially Sensitive Information noted within this contract is of indicative value only and that DFID the Customer may be obliged to disclose it in accordance with clause 8.5Clause 34.5.

Freedom of Information. 8.1 The Supplier CONTRACTOR acknowledges that DFID the CUSTOMER is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations and associated codes of practice shall assist and cooperate with DFID the CUSTOMER to enable DFID the CUSTOMER to comply with its Information disclosure obligations. 8.2 . The Supplier CONTRACTOR shall and shall ensure procure that its Sub-contractors Contractors shall: 8.2.1 : transfer to DFID the CUSTOMER all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 8.2.2 ; provide DFID the CUSTOMER with a copy of all Information in its possession, possession or power in the form that DFID the CUSTOMER requires within five (5) Working Days (or such other period as DFID the CUSTOMER may specify) of DFIDthe CUSTOMER’s request; and 8.2.3 and provide all necessary assistance as reasonably requested by DFID the CUSTOMER to enable DFID the CUSTOMER to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID . The CUSTOMER shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental Information Regulations and associated codes of practice. 8.4 Regulations. In no event shall the Supplier CONTRACTOR respond directly to a Request for Information unless expressly authorised to do so by DFID. 8.5 the CUSTOMER. The Supplier CONTRACTOR acknowledges that (notwithstanding the provisions of this Clause 8) DFID 19) the CUSTOMER may, acting in accordance with the Department of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 Act 2000 (“the Code”), be obliged under the FOIA, FOIA or the Environmental Information Regulations to disclose information concerning the Contractor CONTRACTOR or the Services: 8.5.1 Ordered IT Products: in certain circumstances without consulting the SupplierCONTRACTOR; or 8.5.2 or following consultation with the Contractor CONTRACTOR and having taken their views into account; , provided always that where 8.5.1 Clause 19.5.1 applies DFID the CUSTOMER shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier CONTRACTOR advanced notice, or failing that, to draw the disclosure to the SupplierCONTRACTOR’s attention after any such disclosure. 8.6 . The Supplier CONTRACTOR shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID the CUSTOMER to inspect such records as requested from time to time. 8.7 . The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier CONTRACTOR acknowledges that any the Commercially Sensitive Information noted within this contract listed in Schedule 2-10 is of indicative value only and that DFID the CUSTOMER may be obliged to disclose it in accordance with clause 8.5Clause 19.5.

Freedom of Information. 8.1 21.1 The Supplier Provider acknowledges that DFID the Authority is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations and associated codes of practice shall assist and cooperate with DFID the Authority to enable DFID the Authority to comply with its Information disclosure obligations. 8.2 21.2 The Supplier Provider shall and shall ensure procure that its Sub-contractors shall: 8.2.1 (a) transfer to DFID the Authority all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 8.2.2 (b) provide DFID the Authority with a copy of all Information in its possession, or power in the form that DFID the Authority requires within five (5) Working Days (or such other period as DFID the Authority may specify) of DFIDthe Authority’s request; and 8.2.3 (c) provide all necessary assistance as reasonably requested by DFID the Authority to enable DFID the Authority to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID 21.3 The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract Framework Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental Information Regulations and associated codes of practiceRegulations. 8.4 21.4 In no event shall the Supplier Provider respond directly to a Request for Information unless expressly authorised to do so by DFIDthe Authority. 8.5 21.5 The Supplier Provider acknowledges that (notwithstanding the provisions of Clause 8) DFID 21.2) the Authority may, acting in accordance with the Department Secretary of State for Constitutional Affairs’ Affairs Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor Provider or the Services: 8.5.1 (a) in certain circumstances without consulting the SupplierProvider; or 8.5.2 (b) following consultation with the Contractor Provider and having taken their views into account; ; (c) provided always that where 8.5.1 Clause 21.2 applies DFID the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier Provider advanced notice, or failing that, to draw the disclosure to the SupplierProvider’s attention after any such disclosure. 8.6 The Supplier shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.

Freedom of Information. 8.1 18.1. The Supplier acknowledges that DFID the Authority is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations and associated codes of practice shall assist and cooperate co-operate with DFID the Authority to enable DFID the Authority to comply with its Information disclosure obligations. 8.2 18.2. The Supplier shall and shall ensure procure that its Sub-contractors Contractors shall: 8.2.1 18.2.1. transfer to DFID the Authority all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 8.2.2 18.2.2. provide DFID the Authority with a copy of all Information Information, relevant to a Request for Information, in its possessioncontrol, possession or power power, in the form that DFID requires the Authority requests within five (5) Working Days (or such other period as DFID the Authority may specify) of DFID’s the Authority's request; and 8.2.3 18.2.3. provide all necessary assistance as reasonably requested by DFID the Authority to enable DFID the Authority to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID 18.3. The Authority shall be responsible for determining in its absolute and sole discretion and notwithstanding any other provision in this Contract Framework Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental Information Regulations and associated codes of practiceRegulations. 8.4 18.4. In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by DFIDthe Authority. 8.5 18.5. The Supplier acknowledges that (notwithstanding the provisions of Clause 8) DFID Authority may, acting in accordance with the Department Ministry of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Justice Code”), be obliged under the FOIA, FOIA or the Environmental Information Regulations to disclose information concerning the Contractor Supplier or the Services: 8.5.1 18.5.1. in certain circumstances without consulting the Supplier; or 8.5.2 18.5.2. following consultation with the Contractor Supplier and having taken their the Supplier’s views into account; , provided always that where 8.5.1 Clause 18.5.1 applies DFID the Authority shall, in accordance with any recommendations of the Ministry of Justice Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s 's attention after any such disclosure. 8.6 18.6. The Supplier shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 Clause 13 (Records and 8.8 Audit Access) and shall permit DFID the Authority to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 18.7. The Supplier acknowledges that any the description of information as Commercially Sensitive Information noted within this contract in Framework Schedule 12 (Commercially Sensitive Information) is of an indicative value nature only and that DFID the Authority may be obliged to disclose it in accordance with clause 8.5Clause 18.5.

Freedom of Information. 8.1 18.4.1 The Supplier Contractor acknowledges that DFID the CPS is subject to the requirements of the FOIACode of Practice on Government Information, FOIA and the Environmental Information Regulations and associated codes of practice shall assist and cooperate with DFID the CPS to enable DFID the CPS to comply with its Information disclosure obligations. 8.2 18.4.2 The Supplier Contractor shall and shall ensure procure that its Sub-contractors shall: 8.2.1 transfer 18.4.2.1 Transfer to DFID the CPS all Requests for Information that it receives as soon as practicable and in any event within two 2 (Two) Working Days of receiving a Request for Information; 8.2.2 provide DFID 18.4.2.2 Provide the CPS with a copy of all Information in its possession, or power in the form that DFID the CPS requires within five 5 (Five) Working Days (or such other period as DFID the CPS may specify) of DFIDthe CPS’s request; and 8.2.3 provide 18.4.2.3 Provide all necessary assistance as reasonably requested by DFID the CPS to enable DFID the CPS to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID 18.4.3 The CPS shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIACode of Practice on Government Information, FOIA or the Environmental Information Regulations and associated codes of practiceRegulations. 8.4 18.4.4 In no event shall the Supplier Contractor respond directly to a Request for Information unless expressly authorised to do so by DFIDthe CPS. 8.5 18.4.5 The Supplier Contractor acknowledges that (notwithstanding the provisions of Clause 8) DFID CPS may, acting in accordance with the Department of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of 1of the Freedom of Information Xxx 0000 (FOI) Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Services: 8.5.1 in 18.4.5.1 In certain circumstances without consulting the SupplierContractor; or 8.5.2 following 18.4.5.2 Following consultation with the Contractor and having taken their views into account; provided always that where 8.5.1 applies DFID the CPS shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier Contractor advanced notice, or failing that, to draw the disclosure to the SupplierContractor’s attention after any such disclosure. 8.6 18.4.6 The Supplier Contractor shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 clause 6 (Right of Audit) and shall permit DFID the CPS to inspect such records as requested from time to time. 8.7 18.4.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier Contractor acknowledges that any the Commercially Sensitive Information noted within listed in the schedules of this contract is of indicative value only and that DFID the CPS may be obliged to disclose it in accordance with clause 8.5.the FOI Act 2000

Freedom of Information. 8.1 17.1. The Supplier Recipient acknowledges that DFID the Authority is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations EIR. 17.2. The Recipient shall: 17.2.1. provide all necessary assistance and associated codes of practice shall assist and cooperate with DFID cooperation as reasonably requested by the Authority to enable DFID the Authority to comply with its Information disclosure obligations.obligations under the FOIA and EIR; 8.2 The Supplier shall and shall ensure that its Sub-contractors shall: 8.2.1 17.2.2. transfer to DFID the Authority all Requests requests for Information information relating to this Agreement that it receives as soon as practicable and in any event within two 2 Working Days of receiving a Request for Informationreceipt; 8.2.2 17.2.3. provide DFID the Authority with a copy of all Information information belonging to the Authority requested in the request for information which is in its possession, possession or power control in the form that DFID the Authority requires within five 5 Working Days (or such other period as DFID the Authority may reasonably specify) of DFID’s requestthe Authority's request for such information; and 8.2.3 provide all necessary assistance as reasonably requested 17.2.4. not respond directly to a request for information unless authorised in writing to do so by DFID to enable DFID to respond to the Request for Information within Authority. 17.3. The Recipient acknowledges that the time for compliance set out in section 10 of Authority may be required under the FOIA and EIR to disclose information without consulting or regulation 5 obtaining consent from the Recipient. The Authority shall take reasonable steps to notify the Recipient of the Environmental Information Regulations. 8.3 DFID shall be responsible a request for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure information (in accordance with the provisions Secretary of the FOIA, the Environmental Information Regulations and associated codes of practice. 8.4 In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by DFID. 8.5 The Supplier acknowledges that (notwithstanding the provisions of Clause 8) DFID may, acting in accordance with the Department of Constitutional Affairs’ State's section 45 Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Services: 8.5.1 in certain circumstances without consulting the Supplier; or 8.5.2 following consultation with the Contractor and having taken their views into account; provided always that where 8.5.1 applies DFID shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure ) to the Supplier’s attention after extent that it is permissible and reasonably practicable for it to do so but (notwithstanding any such disclosure. 8.6 The Supplier other provision in this agreement) the Authority shall ensure that all Information be responsible for determining in its absolute discretion whether any information is retained for exempt from disclosure in accordance with clauses 8.7 the FOIA and/or the EIR. Before disclosing information which is commercially sensitive or confidential, the Authority will consult with the Recipient and 8.8 will consider the Recipient’s commercial interest but shall make its determination on disclosure in its own discretion in order to comply with its obligations under the FOIA and/or the EIR. 17.4. Where the Recipient is also subject to the FOIA and EIR and a request is received by the Recipient under such legislation, the Authority agrees to provide the Recipient with the necessary assistance reasonably requested by the Recipient in order to enable the Recipient to comply with its obligations under the FOIA and EIR. The Recipient shall notify the Authority within 5 Working Days of receiving a FOIA or EIR request relating to the Funded Activities and shall permit DFID consider the Authority's views before responding to inspect such records as requested from time to timethe request. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.

Freedom of Information. 8.1 15.1 The Supplier acknowledges that DFID the Authority is subject to the requirements of FOIA and the FOIA, the Environmental Information Regulations EIR and associated codes of practice shall assist and cooperate co-operate with DFID the Authority (at the Supplier's expense) to enable DFID the Authority to comply with its these Information disclosure obligationsrequirements. 8.2 15.2 The Supplier shall and shall ensure that its Sub-contractors shall: 8.2.1 (a) transfer to DFID all Requests the Request for Information that it receives to the Authority as soon as practicable after receipt and in any event within two Working Days three (3) days of receiving a Request for Information; 8.2.2 (b) provide DFID the Authority with a copy of all Information in its possession, possession or power in the form that DFID the Authority requires within five Working Days seven (7) days (or such other period as DFID the Authority may specify) of DFID’s requestthe Authority requesting that Information; and 8.2.3 (c) provide all necessary assistance as reasonably requested by DFID the Authority to enable DFID the Authority to respond to the a Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information RegulationsEIR. 8.3 DFID 15.3 The Authority shall be responsible for determining in at its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Confidential Information and/or any other Information Information: (a) is exempt from disclosure in accordance with the provisions of FOIA or the FOIA, the Environmental Information Regulations and associated codes of practiceEIR; (b) is to be disclosed in response to a Request for Information. 8.4 15.4 In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by DFIDthe Authority. 8.5 15.5 The Supplier acknowledges that (notwithstanding the provisions of Clause 8) DFID Authority may, acting in accordance with the Department Secretary of State for Constitutional Affairs’ ' Code of Practice on the Discharge discharge of the Functions of Public Authorities public authorities' functions under Part 1 of the Freedom FOIA (issued under section 45 of Information Xxx 0000 (“the Code”FOIA, November 2004), be obliged under the FOIA, FOIA or the Environmental Information Regulations EIR to disclose information concerning the Contractor or the ServicesInformation: 8.5.1 in certain circumstances (a) without consulting with the Supplier; , or 8.5.2 (b) following consultation with the Contractor Supplier and having taken their its views into account; . provided always that where 8.5.1 clause 15.5(b) applies DFID the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s 's attention after any such disclosure. 8.6 15.6 The Supplier shall ensure that all Information produced in the course of the Agreement or relating to the Agreement, including any Purchase Order, is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID the Authority or the Authority’s representative to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 15.7 The Supplier acknowledges that any Commercially Sensitive lists or schedules provided by it outlining Confidential Information noted within this contract is are of indicative value only and that DFID the Authority may nevertheless be obliged to disclose it Confidential Information in accordance with clause 8.513.5. 15.8 This clause 15 shall survive expiry or termination of the Agreement.

Freedom of Information. 8.1 19.1 The Supplier SERVICE PROVIDER acknowledges that DFID the CUSTOMER is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations and associated codes of practice shall assist and cooperate with DFID the CUSTOMER to enable DFID the CUSTOMER to comply with its Information disclosure obligations. 8.2 19.2 The Supplier SERVICE PROVIDER shall and shall ensure procure that its Sub-contractors Contractors shall: 8.2.1 19.2.1 transfer to DFID the CUSTOMER all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 8.2.2 19.2.2 provide DFID the CUSTOMER with a copy of all Information in its possession, possession or power in the form that DFID the CUSTOMER requires within five (5) Working Days (or such other period as DFID the CUSTOMER may specify) of DFIDthe CUSTOMER’s request; and 8.2.3 19.2.3 provide all necessary assistance as reasonably requested by DFID the CUSTOMER to enable DFID the CUSTOMER to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID 19.3 The CUSTOMER shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental Information Regulations and associated codes of practiceRegulations. 8.4 19.4 In no event shall the Supplier SERVICE PROVIDER respond directly to a Request for Information unless expressly authorised to do so by DFIDthe CUSTOMER. 8.5 19.5 The Supplier SERVICE PROVIDER acknowledges that (notwithstanding the provisions of this Clause 8) DFID 19) the CUSTOMER may, acting in accordance with the Department of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 Act 2000 (“the Code”), be obliged under the FOIA, FOIA or the Environmental Information Regulations to disclose information concerning the Contractor SERVICE PROVIDER or the ServicesOrdered IT Solutions: 8.5.1 19.5.1 in certain circumstances without consulting the SupplierSERVICE PROVIDER; or 8.5.2 19.5.2 following consultation with the Contractor SERVICE PROVIDER and having taken their views into account; , provided always that where 8.5.1 Clause 19.5.1 applies DFID the CUSTOMER shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier SERVICE PROVIDER advanced notice, or failing that, to draw the disclosure to the SupplierSERVICE PROVIDER’s attention after any such disclosure. 8.6 19.6 The Supplier SERVICE PROVIDER shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID the CUSTOMER to inspect such records as requested from time to time. 8.7 19.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier SERVICE PROVIDER acknowledges that any the Commercially Sensitive Information noted within this contract listed in Schedule 2-11 is of indicative value only and that DFID the CUSTOMER may be obliged to disclose it in accordance with clause 8.5Clause 19.5. 19.8 Where the CUSTOMER is exempt from the provisions of FOIA only, and notifies the SERVICE PROVIDER accordingly: 19.8.1 references to FOIA in Clauses 19.1 to 19.3 (inclusive) shall not apply; 19.8.2 the following wording in Clause 19.5: “, acting in accordance with the Department of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 (“the Code”)” and “the FOIA or” shall not apply; and 19.8.3 Clause 19.6 shall not apply.

Freedom of Information. 8.1 6.1 The Supplier acknowledges that DFID is Parties to this Access Agreement are FOIA Authorities and are subject to legal duties which may require the requirements release of information under FOIA and / or EIR and that the FOIA Authorities may be under an obligation to provide Information subject to a Request for Information. 6.2 The FOIA Authority in receipt of or to receive the RFI (Relevant FOIA Authority) shall be responsible for determining in its absolute discretion whether: 6.2.1 any Information is Exempted Information or remains Exempted Information; and/or 6.2.2 any Information is to be disclosed in response to a Request for Information; and in no event shall any party, other than the Relevant FOIA Authority, respond directly to a RFI except to confirm receipt of the FOIARFI and that the RFI has been passed to the Relevant FOIA Authority. 6.3 Subject to clause 6.4 (Freedom of Information) below, all parties acknowledge that the Relevant FOIA Authority may disclose Information: 6.3.1 without consulting the other; or 6.3.2 following consultation with the other party and having taken (or not taken, as the case may be) its views into account. 6.4 Without in any way limiting clauses 6.2 and 6.3 (Freedom of Information), in the event that the Relevant FOIA Authority receives a RFI, the Environmental Information Regulations and associated codes of practice shall Relevant FOIA Authority will, where appropriate, as soon as reasonably practicable notify the other parties. 6.5 The Parties will assist and cooperate co-operate with DFID one another as requested by the Relevant FOIA Authority to enable DFID the Relevant FOIA Authority to comply with its obligations to disclose Information disclosure obligations. 8.2 The Supplier shall under FOIA and EIR within the prescribed periods for compliance and in particular without limitation will (and shall ensure procure that its Subagents and sub-contractors shallwill), at their own cost: 8.2.1 6.5.1 transfer any RFI received to DFID all Requests for Information that it receives the Relevant FOIA Authority as soon as practicable after receipt and in any event within two Working Days of receiving a Request request for information; and 6.5.2 provide all such assistance as may be required from time to time by the Relevant FOIA Authority to enable the Relevant FOIA Authority to comply with its obligations to disclose Information; 8.2.2 provide DFID with a copy of all Information in its possession, or power in the form that DFID requires within five Working Days (or such other period as DFID may specify) of DFID’s request; and 8.2.3 provide all necessary assistance as reasonably requested by DFID to enable DFID to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID shall be responsible for determining in its absolute discretion and notwithstanding any other provision 6.6 Nothing in this Contract or any other agreement whether Access Agreement will prevent the Commercially Sensitive Information and/or any other Information is exempt Relevant FOIA Authority from disclosure in accordance with the provisions of the FOIA, the Environmental Information Regulations and associated codes of practice. 8.4 In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by DFID. 8.5 The Supplier acknowledges that (notwithstanding the provisions of Clause 8) DFID may, acting in accordance with the Department of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Services: 8.5.1 in certain circumstances without consulting the Supplier; or 8.5.2 following consultation with the Contractor and having taken their views into account; provided always that where 8.5.1 applies DFID shall, in accordance complying with any recommendations of valid order, decision, enforcement or practice recommendation notice issued to it by the Code, take reasonable steps, where appropriate, Information Commissioner under FOIA and / or EIR in relation to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosureExempted Information. 8.6 The Supplier shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.

Freedom of Information. 8.1 21.1 The Supplier acknowledges that DFID the Authority is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations and associated codes of practice shall assist and cooperate with DFID the Authority to enable DFID the Authority to comply with its Information disclosure obligations. 8.2 21.2 The Supplier shall and shall ensure procure that its Subsub-contractors shall: 8.2.1 21.2.1 transfer to DFID the Authority all Requests for Information that it receives as soon as practicable and in any event within two Working Days of receiving a Request for Information; 8.2.2 21.2.2 provide DFID the Authority with a copy of all Information in its possession, or power in the form that DFID the Authority requires within five Working Days (or such other period as DFID the Authority may specify) of DFID’s the Authority's request; and 8.2.3 21.2.3 provide all necessary assistance as reasonably requested by DFID the Authority to enable DFID the Authority to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID 21.3 Subject as provided in clause 19, the Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental Information Regulations and associated codes of practiceRegulations. 8.4 21.4 In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by DFIDthe Authority. 8.5 21.5 The Supplier acknowledges that (notwithstanding the provisions of Clause 8) DFID the clause 21) the Authority may, acting in accordance with the Department of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor Supplier or the Services: 8.5.1 21.5.1 in certain circumstances without consulting the Supplier; or 8.5.2 21.5.2 following consultation with the Contractor Supplier and having taken their views into account; provided always that where 8.5.1 clause 21.5.1 applies DFID the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosure. 8.6 21.6 The Supplier shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 a suitable and 8.8 easily comprehensible format and shall permit DFID the Authority to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.

Freedom of Information. 8.1 Guidance: This clause is necessary to ensure the Authority's compliance with the Freedom of Information Act 2000. This clause is intended to cover all information related to the Call Off Contract emanating from the SERVICE PROVIDER and information provided to the SERVICE PROVIDER from the CLIENT. Depending on the precise nature of the services and the information, this clause may be required to survive the Call Off Contract. Also additional auditing and document management provisions may be required. The Supplier primary responsibility for responding to FOIA requests, and the costs of discharging those responsibilities, rests with the CLIENT. However, it may on occasion be necessary for the CLIENT to seek support from the SERVICE PROVIDER in complying with these obligations (e.g. where the SERVICE PROVIDER holds the relevant data). Where the SERVICE PROVIDER has identified Commercially Sensitive Information in response to a Mini Competition this should be agreed first with the CLIENT and should include the duration (if applicable) that such information should remain confidential for. Such Commercially Sensitive Information should be clearly stated in the Order Form. Commercially Sensitive Information is a subset of the SERVICE PROVIDER’S Confidential Information and should contain a narrow list of information. This will assist the CLIENT in respect of compliance with FOIA and the section 45 code published by the Ministry of Justice. 35.1 The SERVICE PROVIDER acknowledges that DFID the CLIENT is subject to the requirements of the FOIACode of Practice on Government Information, FOIA and the Environmental Information Regulations and associated codes of practice shall assist and cooperate co-operate with DFID the CLIENT to enable DFID the CLIENT to comply with its Information disclosure obligations. 8.2 35.2 The Supplier SERVICE PROVIDER shall and shall ensure procure that its Subsub-contractors shall:shall:- 8.2.1 35.2.1 transfer to DFID the CLIENT all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 8.2.2 35.2.2 provide DFID the CLIENT with a copy of all Information in its possession, or power in the form that DFID requires the CLIENT requests within five (5) Working Days (or such other period as DFID the CLIENT may specify) of DFID’s the CLIENT'S request; and 8.2.3 35.2.3 provide all necessary assistance as reasonably requested by DFID the CLIENT to enable DFID the CLIENT to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID 35.3 The CLIENT shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental Information Regulations and associated codes of practiceRegulations. 8.4 35.4 In no event shall the Supplier SERVICE PROVIDER respond directly to a Request for Information unless expressly authorised to do so by DFIDthe CLIENT. 8.5 35.5 The Supplier SERVICE PROVIDER acknowledges that (notwithstanding the provisions of Clause 8) DFID 35) the CLIENT may, acting in accordance with the Department Ministry of Constitutional Affairs’ Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor SERVICE PROVIDER or the Services:Services:- 8.5.1 35.5.1 in certain circumstances without consulting the SupplierSERVICE PROVIDER; or 8.5.2 35.5.2 following consultation with the Contractor SERVICE PROVIDER and having taken their views into account; , provided always that where 8.5.1 applies DFID 35.5 applies, the CLIENT shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier SERVICE PROVIDER advanced notice, or failing that, to draw the disclosure to the Supplier’s SERVICE PROVIDER'S attention after any such disclosure. 8.6 35.5.3 The Supplier SERVICE PROVIDER shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 Clause 39 and shall permit DFID the CLIENT to inspect such records as requested from time to time. 8.7 35.5.4 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier SERVICE PROVIDER acknowledges that any the Commercially Sensitive Information noted within this contract listed in the Order Form is of indicative value only and that DFID the CLIENT may be obliged to disclose it in accordance with clause 8.5Clause 35.5.

Freedom of Information. 8.1 The Supplier SERVICE PROVIDER acknowledges that DFID the CUSTOMER is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations and associated codes of practice shall assist and cooperate with DFID the CUSTOMER to enable DFID the CUSTOMER to comply with its Information disclosure obligations. 8.2 . The Supplier SERVICE PROVIDER shall and shall ensure procure that its Sub-contractors Contractors shall: 8.2.1 : transfer to DFID the CUSTOMER all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 8.2.2 ; provide DFID the CUSTOMER with a copy of all Information in its possession, possession or power in the form that DFID the CUSTOMER requires within five (5) Working Days (or such other period as DFID the CUSTOMER may specify) of DFIDthe CUSTOMER’s request; and 8.2.3 and provide all necessary assistance as reasonably requested by DFID the CUSTOMER to enable DFID the CUSTOMER to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID . The CUSTOMER shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental Information Regulations and associated codes of practice. 8.4 Regulations. In no event shall the Supplier SERVICE PROVIDER respond directly to a Request for Information unless expressly authorised to do so by DFID. 8.5 the CUSTOMER. The Supplier SERVICE PROVIDER acknowledges that (notwithstanding the provisions of this Clause 8) DFID 19) the CUSTOMER may, acting in accordance with the Department of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 Act 2000 (“the Code”), be obliged under the FOIA, FOIA or the Environmental Information Regulations to disclose information concerning the Contractor SERVICE PROVIDER or the Services: 8.5.1 Ordered Software Application Solutions: in certain circumstances without consulting the SupplierSERVICE PROVIDER; or 8.5.2 or following consultation with the Contractor SERVICE PROVIDER and having taken their views into account; , provided always that where 8.5.1 Clause 19.5.1 applies DFID the CUSTOMER shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier SERVICE PROVIDER advanced notice, or failing that, to draw the disclosure to the SupplierSERVICE PROVIDER’s attention after any such disclosure. 8.6 . The Supplier SERVICE PROVIDER shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID the CUSTOMER to inspect such records as requested from time to time. 8.7 . The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier SERVICE PROVIDER acknowledges that any the Commercially Sensitive Information noted within this contract listed in Schedule 2-10 is of indicative value only and that DFID the CUSTOMER may be obliged to disclose it in accordance with clause 8.5Clause 19.5.

Freedom of Information. 8.1 12.1 The Supplier Contractor acknowledges that DFID the Department is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations and associated codes of practice shall assist and cooperate with DFID the Department to enable DFID the Department to comply with its Information information disclosure obligations. 8.2 12.2 The Supplier Contractor shall and shall ensure procure that its Sub-contractors Contractors shall: 8.2.1 12.2.1 transfer to DFID the Department all Requests for Information that it receives as soon as practicable and in any event within two Working Days of receiving a Request for Information; 8.2.2 12.2.2 provide DFID the Department with a copy of all Information in its possession, or power in the form that DFID the Department requires within five Working Days (or such other period as DFID the Department may specify) of DFID’s the Department's request; and 8.2.3 12.2.3 provide all necessary assistance as reasonably requested by DFID the Department to enable DFID the Department to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID 12.3 The Department shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental Information Regulations and associated codes of practiceRegulations. 8.4 12.4 In no event shall the Supplier Contractor respond directly to a Request for Information unless expressly authorised to do so by DFIDthe Department. 8.5 12.5 The Supplier Contractor acknowledges that (notwithstanding the provisions of Clause 8) DFID 13) the Department may, acting in accordance with the Department Ministry of Constitutional Affairs’ Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the ServicesProject: 8.5.1 12.5.1 in certain circumstances without consulting the SupplierContractor; or 8.5.2 12.5.2 following consultation with the Contractor and having taken their views into account; ; 12.5.3 provided always that where 8.5.1 12.5.1 applies DFID the Department shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier Contractor advanced notice, or failing that, to draw the disclosure to the SupplierContractor’s attention after any such disclosure. 8.6 12.6 The Supplier Contractor shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID the Department to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.

Freedom of Information. 8.1 The Supplier 21.1 Each Authority acknowledges that DFID it is subject to the requirements of the code of practice on access to government information, the Freedom of Information Act 2000 ("FOIA, ") and the Environmental Information Regulations ("EIR") and associated codes of practice shall assist and cooperate co-operate with DFID each other to enable DFID each to comply with its Information information disclosure obligations. 8.2 The Supplier 21.2 Each Authority shall and shall ensure that its Sub-contractors shall: 8.2.1 transfer to DFID all Requests for Information that it receives as soon as practicable and in any event within two Working Days of receiving a Request for Information; 8.2.2 provide DFID with a copy of all Information in its possession, or power in the form that DFID requires within five Working Days (or such other period as DFID may specify) of DFID’s request; and 8.2.3 provide all necessary assistance as reasonably requested by DFID the other Authorities to enable DFID the other Authorities to respond to any requests for information that falls under the FOIA or EIR and is related to the Transportation Programme ("Request for Information Information") within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information RegulationsEIR. 8.3 DFID 21.3 The Authority who receives the initial Request for Information shall be responsible for responding to the initial request and determining in its absolute discretion and notwithstanding any other provision in this Contract Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information information is exempt from disclosure in accordance with the provisions of the FOIAcode of practice on access to government information, the Environmental Information Regulations and associated codes of practiceFOIA or the EIR. 8.4 In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by DFID. 8.5 The Supplier acknowledges that (notwithstanding the provisions of Clause 8) DFID may, acting in accordance with the Department of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Services: 8.5.1 in certain circumstances without consulting the Supplier; or 8.5.2 following consultation with the Contractor and having taken their views into account; provided always that where 8.5.1 applies DFID shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosure. 8.6 The Supplier 21.4 Each Authority shall ensure that all Information information produced in the course of this Agreement is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID the other Authorities to inspect such records as requested from time to time. The costs incurred by the Lead Authority in responding to requests for information under the FOIA and the EIR in relation to a Project, the Transportation Programme and or the Joint Commissioning Programme shall be Shared Costs provided that any such costs incurred in respect of a Project that does not involve all the Authorities shall not be Shared Costs but shall be shared between (and reimbursed on demand by) those Authorities who are involved in that Project (and if just one Authority is involved then the costs shall be borne solely by that Authority). 8.7 21.5 The Supplier shall, during this Contract Programme Director shall consider any request from other Authorities to treat any costs incurred in responding to a request for information under the FOIA and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 EIR in accordance connection with the requirements of Transportation Programme and/or the Public Records Office Joint Commissioning Programme as a Shared Cost and shall determine such request in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expensehis absolution discretion. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.

Freedom of Information. 8.1 E5.1 The Supplier Contractor acknowledges that DFID the Authority is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations and associated codes of practice shall assist and cooperate with DFID the Authority to enable DFID the Authority to comply with its Information disclosure obligations. 8.2 E5.2 The Supplier Contractor shall and shall ensure procure that its Sub-contractors shall:; 8.2.1 a) transfer to DFID the Authority all Requests for Information that it receives as soon as practicable and in any event within [two (2)] Working Days of receiving a Request for Information; 8.2.2 b) provide DFID the Authority with a copy of all Information in its possession, possession or power in the form that DFID the Authority requires within [five (5)] Working Days (or such other period as DFID the Authority may specify) of DFID’s the Authority's request; and 8.2.3 c) provide all necessary assistance as reasonably requested by DFID the Authority to enable DFID the Authority to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID E5.3 The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental Information Regulations and associated codes of practiceRegulations. 8.4 E5.4 In no event shall the Supplier Contractor respond directly to a Request for Information unless expressly authorised to do so by DFIDthe Authority. 8.5 E5.5 The Supplier Contractor acknowledges that (notwithstanding the provisions of Clause 8) DFID clause E5) the Authority may, acting in accordance with the Department of for Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Services:; 8.5.1 a) in certain circumstances without consulting the SupplierContractor; or 8.5.2 b) following consultation with the Contractor and having taken their views into account; provided always that where 8.5.1 ; (a) applies DFID the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier Contractor advanced notice, or failing that, to draw the disclosure to the SupplierContractor’s attention after any such disclosure. 8.6 E5.6 The Supplier Contractor shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID the Authority to inspect such records as requested from time to time. 8.7 E5.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier Contractor acknowledges that any the Commercially Sensitive Information noted within this contract listed in the Commercially Sensitive Information Schedule is of indicative value only and that DFID the Authority may be obliged to disclose it in accordance with clause 8.5E5.5. E6 Publicity, Media and Official Enquiries E6.1 The Contractor shall not: a) Make any press announcements or publicise this Contract or its contents in any way; or b) use the Authority’s name or brand in any promotion or marketing or announcement of orders; without the written consent of the Authority, which shall not be unreasonably withheld or delayed. E6.2 Both Parties shall take reasonable steps to ensure that their servants, employees, agents, Sub-contractors, suppliers, professional advisors and consultants comply with clause E6. E6.3 Where applicable, each Party shall give the other advance notice of proposed visits to the Contractor’s premises or any premises of its Sub-contractors (including Members of Parliament, members of the press and media) to observe the delivery of the Service(s) by the Contractor or its Sub-contractors. E6.4 If so requested by the Authority the notepaper and other written material of the Contractor and Sub-contractors relating to the delivery of the Services(s) shall carry only logos and markings approved by the Authority. This may include, but shall not be limited to, such banner or logo as the Authority shall use to identify the Service(s) (“Trade Xxxx”) from time to time. All publicity and marketing material produced by the Contractor (or its Sub-contractors) in relation to this Contract shall be submitted to the Authority for approval, and no such items shall be printed (other than for approval purposes) until such approval is received. E7 Security E7.1 The Contractor shall take all measures necessary to comply with the provisions of any enactment relating to security that may be applicable to the Contractor in the performance of the Services. E7.2 Whilst on the Authority's Premises, Staff shall comply with all security measures implemented by the Authority in respect of Staff and other persons attending those Premises. E7.3 The Contractor shall comply, and shall procure the compliance of the Contractor Staff, with the Security Policy and the Security Plan. The Contractor shall ensure that the Security Plan fully complies with the Security Policy. E7.4 The Authority shall notify the Contractor of any changes or proposed changes to the Security Policy. E7.5 If the Contractor believes that a change or proposed change to the Security Policy will have a material and unavoidable cost implication to the Services it may request a Variation to the Contract by written notice to the Authority. In doing so, the Contractor must support its request by providing evidence of the cause of any increased costs and the steps that it has taken to mitigate those costs. Any change to the Contract Price shall then be agreed in accordance with clause F3 (Variation). E7.6 Until and/or unless a change to the Contract Price is agreed by the Authority pursuant to clause E7.5 the Contractor shall continue to perform the Services in accordance with its existing obligations. E8 Intellectual Property Rights E8.1 Save as granted under the Contract, neither the Authority nor the Contractor shall acquire any right, title or interest in the other’s Pre-Existing Intellectual Property Rights. The Contractor acknowledges that the Authority Data is the property of the Authority and the Authority hereby reserves all Intellectual Property Rights which may subsist in the Authority Data. a) The Authority shall grant the Contractor a non-exclusive, revocable, no- cost licence for the Contract Period to use the Authority's Intellectual Property Rights where it is necessary for the Contractor to supply the Services. The Contractor shall have the right to sub license the Sub- Contractor's use of the Authority's Intellectual Property Rights. At the end of the Contract Period the Contractor shall cease use, and shall procure that any Sub-Contractor ceases use, of the Authority's Intellectual Property Rights. b) The Contractor shall grant the Authority a non-exclusive, revocable, no- cost licence for the Contract Period to use the Contractor's Intellectual Property Rights where it is necessary for the Authority in the provision of the Services. At the end of the Contract Period the Authority shall cease use of the Contractor's Intellectual Property Rights. E8.2 All Intellectual Property Rights in any guidance, specifications, instructions, toolkits, plans, data, drawings, databases, patents, patterns, models, designs or other material: a) furnished to or made available to the Contractor by or on behalf of the Authority shall remain the property of the Authority; or b) prepared by or for the Contractor on behalf of the Authority for use, or intended use, in relation to the performance by the Contractor of its obligations under the Contract shall belong to the Authority; and the Contractor shall not, and shall ensure that the Staff shall not, (except when necessary for the performance of the Contract) without prior Approval, use or disclose any such Intellectual Property Rights. E8.3 The Contractor shall obtain approval before using any material, in relation to the performance of its obligations under the Contract which is or may be subject to any third party Intellectual Property Rights. The Contractor shall ensure that the owner of the rights grants to the Authority a non-exclusive licence, or if itself a licensee of those rights, shall grant to the Authority an authorised sub-licence, to use, reproduce, modify, develop and maintain the material. Such licence or sub-licence shall be non-exclusive, perpetual, royalty-free and irrevocable and shall include the right for the Authority to sub-license, transfer, novate or assign to other Contracting Bodies, the Replacement Contractor or to any other third party supplying services to the Authority. E8.4 The Contractor shall not infringe any Intellectual Property Rights of any third party in supplying the Services and the Contractor shall, during and after the Contract Period, indemnify and keep indemnified and hold the Authority and the Crown harmless from and against all actions, suits, claims, demands, losses, charges, damages, costs and expenses and other liabilities which the Authority or the Crown may suffer or incur as a result of or in connection with any breach of this clause, except where any such claim arises from; a) items or materials based upon designs supplied by the Authority; or b) the use of data supplied by the Authority which is not required to be verified by the Contractor under any provision of the Contract. E8.5 The Authority shall notify the Contractor in writing of any claim or demand brought against the Authority for infringement or alleged infringement of any Intellectual Property Right in materials supplied or licensed by the Contractor. The Contractor shall at its own expense conduct all negotiations and any litigation arising in connection with any claim for breach of Intellectual Property Rights in materials supplied or licensed by the Contractor, provided always that the Contractor: a) shall consult the Authority on all substantive issues which arise during the conduct of such litigation and negotiations; b) shall take due and proper account of the interests of the Authority; and c) shall not settle or compromise any claim without the Authority’s prior written consent (not to be unreasonably withheld or delayed). E8.6 The Authority shall at the request of the Contractor afford to the Contractor all reasonable assistance for the purpose of contesting any claim or demand made or action brought against the Authority or the Contractor for infringement or alleged infringement of any Intellectual Property Right in connection with the performance of the Contractor’s obligations under the Contract and the Contractor shall indemnify the Authority for all costs and expenses (including, but not limited to, legal costs and disbursements) incurred in doing so. Such costs and expenses shall not be repaid where they are incurred in relation to a claim, demand or action which relates to the matters in clause E8.4 (a) or (b). E8.7 The Authority shall not make any admissions which may be prejudicial to the defence or settlement of any claim, demand or action for infringement or alleged infringement of any Intellectual Property Right by the Authority or the Contractor in connection with the performance of its obligations under the Contract. E8.8 If a claim, demand or action for infringement or alleged infringement of any Intellectual Property Right is made in connection with the Contract or in the reasonable opinion of the Contractor is likely to be made, the Contractor shall notify the Authority and, at its own expense and subject to the consent of the Authority (not to be unreasonably withheld or delayed), use its best endeavours to: a) modify any or all of the Services without reducing the performance or functionality of the same, or substitute alternative Services of equivalent performance and functionality, so as to avoid the infringement or the alleged infringement, provided that the provisions herein shall apply mutates mutandis to such modified Services or to the substitute Services; or b) procure a licence to use and supply the Services, which are the subject of the alleged infringement, on Terms which are acceptable to the Authority; and in the event that the Contractor is unable to comply with clauses E8.7 (a) or (b) within twenty (20) Working Days of receipt of the Contractor’s notification the Authority may terminate the Contract with immediate effect by notice in writing. E9 Audit and the National Audit Office E9.1 The Contractor shall keep and maintain until six (6) years after the end of the Contract Period, or as long a period as may be agreed between the Parties, full and accurate records of the Contract including the Services supplied under it, all expenditure reimbursed by the Authority, and all payments made by the Authority. The Contractor shall on request afford the Authority or the Authority’s representatives such access to those records as may be requested by the Authority in connection with the Contract. E9.2 Without prejudice to the foregoing, where the Authority funds the delivery of this Contract using European Social Fund (ESF) funds or in its role as a Co-financing Organisation uses this contract as a match for ESF provision, either at the outset of the contract or at any point during the life of the contract, the Contractor and any Sub-contractors appointed by it shall be bound by the corresponding additional requirements detailed within relevant Contractor Guidance, including the maintaining of records until at least 31 December 2022. E9.3 The Contractor (and its agents) shall permit the Comptroller and Auditor General (and his appointed representatives) access free of charge during normal business hours on reasonable notice to all such documents (including computerised documents and data) and other information as the Comptroller and Auditor General may reasonably require for the purpose of his financial audit of the Authority and for carrying out examinations into the economy, efficiency and effectiveness with which the authority has used its resources. The Contractor shall provide such explanations as are reasonably required for these purposes. This clause does not constitute a requirement or agreement for the examination, certification or inspection of the accounts of the Contractor under Section 6(3) (d) and (5) of the National Audit Xxx 0000.

Freedom of Information. 8.1 The Supplier acknowledges that DFID the Authority is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations and associated codes of practice shall assist and cooperate co-operate with DFID the Authority to enable DFID the Authority to comply with its Information disclosure obligations. 8.2 . The Supplier shall and shall ensure that its Sub-contractors shall: 8.2.1 : transfer to DFID the Authority all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 8.2.2 provide DFID with a copy of all Information in its possession, or power in the form that DFID requires within five Working Days (or such other period as DFID may specify) of DFID’s request; and 8.2.3 and provide all necessary assistance as reasonably requested by DFID the Authority to enable DFID the Authority to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID . The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract Framework Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental Information Regulations and associated codes of practice. 8.4 Regulations. In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by DFID. 8.5 the Authority. The Supplier acknowledges that (notwithstanding the provisions of this Clause 8) DFID FW-25.) the Authority may, acting in accordance with the Department Ministry of Constitutional Affairs’ Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 Act 2000 (“"the Code”"), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor Supplier or the G-Cloud Services: 8.5.1 : in certain circumstances without consulting the Supplier; or 8.5.2 or following consultation with the Contractor Supplier and having taken their its views into account; provided always that where 8.5.1 Clause FW-25.5.1 applies DFID the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s 's attention after any such disclosure. 8.6 The Supplier shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 . The Supplier acknowledges that any the description of information as Commercially Sensitive Information noted within this contract in Framework Schedule 6 (Interpretation and Definitions) is of an indicative value nature only and that DFID the Authority may be obliged to disclose it in accordance with clause 8.5.Clause FW-25..

Freedom of Information. 8.1 The Supplier 15.1 Each Constituent Authority acknowledges that DFID is the other Constituent Authorities are subject to the requirements of the FOIA, Freedom of Information (Scotland) Act 2002 and the Environmental Information (Scotland) Regulations and associated codes of practice 2004 (“FOI”). 15.2 Each Constituent Authority shall assist and cooperate co-operate with DFID other Constituent Authorities to enable DFID the other Constituent Authorities to comply with its Information their information disclosure obligationsobligations under FOI. 8.2 15.3 Where a Constituent Authority receives a request for disclosure of information under FOI which that Constituent Authority holds in connection with or as a result of its membership of the Joint Committee or its participation in any of the grants awarded through the Joint Committee, that Constituent Authority shall bring the receipt of such a request to the attention of the Clerk. 15.4 The Supplier Constituent Authority receiving a request under FOI shall be responsible for determining whether to disclose the information requested and where it is decided not to release any of the information requested, which of the exemptions in terms of FOI it is relying on. However, before making any determination in terms of this clause the Constituent Authority shall ensure that give the Clerk a reasonable opportunity of taking into account any statutory time limit for determining such a request to make representations regarding how the Clerk considers the request under FOI should be dealt with. 15.5 Where a Constituent Authority receives a request for information in relation to information which it is holding on behalf of any of the other Constituent Authorities in connection with its Sub-contractors shall:participation in the Joint Committee, it shall:- 8.2.1 (a) transfer the request for information to DFID all Requests for Information that it receives the relevant Constituent Authority as soon as practicable and in any event within two Working Days of receiving a Request for Information; 8.2.2 provide DFID with a copy of all Information in its possession, or power in the form that DFID requires within five Working Days (or such other period as DFID may specify) of DFID’s requestafter receipt; and 8.2.3 (b) provide all necessary assistance as reasonably requested by DFID the relevant Constituent Authority to enable DFID the Constituent Authority to respond to the Request request for Information information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information RegulationsFOI. 8.3 DFID shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, the Environmental Information Regulations and associated codes of practice. 8.4 In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by DFID. 8.5 The Supplier acknowledges that (notwithstanding the provisions of Clause 8) DFID may, acting in accordance with the Department of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Services: 8.5.1 in certain circumstances without consulting the Supplier; or 8.5.2 following consultation with the Contractor and having taken their views into account; provided always that where 8.5.1 applies DFID shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosure. 8.6 The Supplier shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.

Freedom of Information. 8.1 14.1 The Supplier Service Provider acknowledges that DFID the Authority is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations and associated codes of practice shall assist and cooperate co- operate with DFID the Authority (at the Service Provider's expense) to enable DFID the Authority to comply with its Information these information disclosure obligationsrequirements. 8.2 14.2 The Supplier Service Provider shall and shall ensure procure that its Sub-contractors Contractors shall: 8.2.1 (a) transfer to DFID all Requests any Request for Information that it receives to the Authority as soon as practicable after receipt and in any event within two (2) Working Days of receiving a Request for Information; 8.2.2 (b) provide DFID the Authority with a copy of all Information in its possession, possession or power in the form that DFID the Authority requires within five (5) Working Days (or such other period as DFID the Authority may specify) of DFID’s requestthe Authority requesting that Information; and 8.2.3 (c) provide all necessary assistance as reasonably requested by DFID the Authority to enable DFID the Authority to respond to the a Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, the Environmental Information Regulations and associated codes of practice. 8.4 14.3 In no event shall the Supplier Service Provider respond directly to a Request for Information unless expressly authorised to do so by DFIDthe Authority. 8.5 14.4 The Supplier Service Provider acknowledges that the Authority may (notwithstanding the provisions of Clause 8) DFID may, acting in accordance with the Department Secretary of State for Constitutional Affairs’ ' Code of Practice on the Discharge discharge of the Functions of Public Authorities public authorities' functions under Part 1 of FOIA (issued under section 45 of the Freedom of Information Xxx 0000 FOIA, November 2004) (“the Code”), ) be obliged under the FOIA, FOIA or the Environmental Information Regulations to disclose information concerning the Contractor or the ServicesInformation: 8.5.1 in certain circumstances (a) without consulting with the SupplierService Provider; or 8.5.2 (b) following consultation with the Contractor Service Provider and having taken their its views into account; , provided always that where 8.5.1 Clause 14.4(a) applies DFID the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced Service Provider advance notice, or failing that, to draw the disclosure to the Supplier’s Service Provider's attention after any such disclosure. 8.6 14.5 The Supplier Service Provider shall ensure that all Information produced in the course of the Agreement or relating to the Agreement is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID the Authority to inspect such records as requested from time to time. 8.7 14.6 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier Service Provider acknowledges that any Commercially Sensitive lists or schedules provided by it outlining Confidential Information noted within this contract is are of indicative value only and that DFID the Authority may nevertheless be obliged to disclose it Confidential Information in accordance with clause 8.5Clause 14.3.

Freedom of Information. 8.1 ‌ 25.1 The Supplier Service Provider acknowledges that DFID the Authority is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations and associated codes of practice shall assist and cooperate co- operate with DFID the Authority (at the Service Provider's expense) to enable DFID the Authority to comply with its Information these information disclosure obligationsrequirements. 8.2 25.2 The Supplier shall and shall ensure that its Sub-contractors Service Provider shall: 8.2.1 (a) transfer to DFID all Requests the Request for Information that it receives to the Authority as soon as practicable after receipt and in any event within two Working Days of receiving a Request for Information; 8.2.2 (b) provide DFID the Authority with a copy of all Information in its possession, possession or power in the form that DFID the Authority requires within five Working Days (or such other period as DFID the Authority may specify) of DFID’s requestthe Authority requesting that Information; and 8.2.3 (c) provide all necessary assistance as reasonably requested by DFID the Authority to enable DFID the Authority to respond to the a Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID 25.3 The Authority shall be responsible for determining in at its absolute discretion and notwithstanding whether any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information Information: (a) is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental Information Regulations and associated codes of practiceRegulations; and/or (b) is to be disclosed in response to a Request for Information. 8.4 25.4 In no event shall the Supplier Service Provider respond directly to a Request for Information unless expressly authorised to do so by DFIDthe Authority. 8.5 25.5 The Supplier Service Provider acknowledges that (notwithstanding the provisions of Clause 8) DFID Authority may, acting in accordance with the Department Secretary of State for Constitutional Affairs’ ' Code of Practice on the Discharge discharge of the Functions of Public Authorities public authorities' functions under Part 1 of FOIA (issued under section 45 of the Freedom of Information Xxx 0000 (“the Code”FOIA, November 2004), be obliged under the FOIA, FOIA or the Environmental Information Regulations to disclose information concerning the Contractor or the ServicesInformation: 8.5.1 in certain circumstances (a) without consulting with the SupplierService Provider; or 8.5.2 (b) following consultation with the Contractor Service Provider and having taken their its views into account; , provided always that where 8.5.1 clause 25.5(b) applies DFID the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier Service Provider advanced notice, or failing that, to draw the disclosure to the Supplier’s Service Provider's attention after any such disclosure. 8.6 25.6 The Supplier Service Provider shall ensure that all Information produced in the course of the agreement or relating to the agreement is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID the Authority to inspect such records as requested from time to time. 8.7 25.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier Service Provider acknowledges that any Commercially Sensitive lists or Schedules provided by it outlining Confidential Information noted within this contract is are of indicative value only and that DFID the Authority may nevertheless be obliged to disclose it Confidential Information in accordance with clause 8.525.5.

Freedom of Information. 8.1 18.1 The Supplier acknowledges that DFID the Authority is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations EIRs. The Supplier shall: 18.1.1 provide all necessary assistance and associated codes of practice shall assist and cooperate with DFID cooperation as reasonably requested by the Authority to enable DFID the Authority to comply with its Information disclosure obligations.obligations under the FOIA and EIRs; 8.2 The Supplier shall and shall ensure that its Sub-contractors shall: 8.2.1 18.1.2 transfer to DFID the Authority all Requests for Information relating to this Agreement that it receives should be for the Authority to respond to, not the Supplier, as soon as practicable and in any event within two 2 Working Days of receiving a Request for Informationreceipt; 8.2.2 18.1.3 provide DFID the Authority with a copy of all Information belonging to the Authority requested in the Request for Information which is in its possession, possession or power control in the form that DFID the Authority requires within five 5 Working Days (or such other period as DFID the Authority may reasonably specify) of DFID’s requestthe Authority's request for such Information; and 8.2.3 provide all necessary assistance as reasonably requested by DFID 18.1.4 not respond directly to enable DFID to respond to the a Request for Information within that should be for the time Authority to respond to, not the Supplier, unless authorised in writing to do so by the Authority. 18.2 The Supplier acknowledges that the Authority may be required under the FOIA and EIRs to disclose Information (including Commercially Sensitive Information) without consulting or obtaining consent from the Supplier. The Authority shall take reasonable steps to notify the Supplier of a Request for compliance set out Information (in accordance with the Cabinet Office's Freedom of Information Code of Practice issued under section 10 45 of the FOIA or regulation 5 of FOIA) to the Environmental Information Regulations. 8.3 DFID extent that it is permissible and reasonably practical for it to do so but (notwithstanding any other provision in this Agreement) the Authority shall be responsible for determining in its absolute discretion and notwithstanding whether any other provision in this Contract Commercially Sensitive Information or any other agreement whether information is exempt from disclosure in accordance with the Commercially Sensitive Information and/or FOIA or the EIRs. 18.3 Notwithstanding any other Information term of this Agreement, the Supplier consents to the publication of this Agreement in its entirety (including variations), subject only to the redaction of information that the Authority considers is exempt from disclosure in accordance with the provisions of the FOIA, the Environmental Information Regulations FOIA and associated codes of practiceEIRs. 8.4 In no event shall 18.4 The Authority shall, prior to publication, consult with the Supplier respond directly to a Request for Information unless expressly authorised to do so by DFID. 8.5 The Supplier acknowledges that (notwithstanding the provisions of Clause 8) DFID may, acting in accordance with the Department of Constitutional Affairs’ Code of Practice on the Discharge manner and format of publication and to inform its decision regarding any redactions but shall have the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Services: 8.5.1 final decision in certain circumstances without consulting the Supplier; or 8.5.2 following consultation with the Contractor and having taken their views into account; provided always that where 8.5.1 applies DFID shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosure. 8.6 its absolute discretion. The Supplier shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 assist and 8.8 and shall permit DFID to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance co- operate with the requirements of Authority to enable the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expenseAuthority to publish this Agreement. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.

Freedom of Information. 8.1 The Supplier acknowledges that DFID the Authority is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations and associated codes of practice shall assist and cooperate co-operate with DFID the Authority to enable DFID the Authority to comply with its Information disclosure obligations. 8.2 . The Supplier shall and shall ensure that its Sub-contractors shall: 8.2.1 : transfer to DFID the Authority all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 8.2.2 provide DFID with a copy of all Information in its possession, or power in the form that DFID requires within five Working Days (or such other period as DFID may specify) of DFID’s request; and 8.2.3 and provide all necessary assistance as reasonably requested by DFID the Authority to enable DFID the Authority to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID . The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract Framework Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental Information Regulations and associated codes of practice. 8.4 Regulations. In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by DFID. 8.5 the Authority. The Supplier acknowledges that (notwithstanding the provisions of this Clause 8) DFID FW-25) the Authority may, acting in accordance with the Department Ministry of Constitutional Affairs’ Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“"the Code”"), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor Supplier or the G-Cloud Services: 8.5.1 : in certain circumstances without consulting the Supplier; or 8.5.2 or following consultation with the Contractor Supplier and having taken their its views into account; provided always that where 8.5.1 Clause FW-25.5.1 applies DFID the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s 's attention after any such disclosure. 8.6 The Supplier shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 . The Supplier acknowledges that any the description of information as Commercially Sensitive Information noted within this contract in Framework Schedule 6 (Interpretation and Definitions) is of an indicative value nature only and that DFID the Authority may be obliged to disclose it in accordance with clause 8.5Clause FW-25.

Freedom of Information. 8.1 The Supplier Service Provider acknowledges that DFID LS is subject to the requirements of FOI Legislation. Accordingly from time to time LS may be required to disclose information relating to the FOIAService Provider and/or this Contract. Where a Request for Information has been received by LS, then it shall: consider the applicability of exemptions under the FOI Legislation or any other applicable legislation; before responding to such a request (which, for the avoidance of doubt, includes confirming or denying that the information is held by LS or LS’s behalf) and/or disclosing information about or relating to the Service Provider, the Environmental Information Regulations Services and/or this Contract notify the Service Provider of this request and associated codes stipulate the time period during which the Service Provider needs to respond in order assist LS to determine whether any exemptions under FOI Legislation apply (including where necessary why the public interest in maintaining the exemption is not outweighed by the public interest in disclosure and an estimate of practice any expenditure that the Service Provider is likely to incur in complying with the request); in determining whether any exemptions apply and/or whether to confirm or deny and/or disclose any information pursuant to this clause 18.2, take into account any reasonable representations made to it by the Service Provider; where it requires the Service Provider to confirm whether such information is held by the Service Provider on its behalf and, if necessary, to provide any such information, stipulate the time period in which it requires the Service Provider to make such confirmation and/or provide such information; and where it determines to disclose the information then it shall assist and cooperate with DFID to enable DFID to comply with its Information disclosure obligations. 8.2 The Supplier shall and shall ensure that its Sub-contractors shall: 8.2.1 transfer to DFID all Requests for Information that it receives notify the Service Provider of such decision as soon as reasonably practicable and in any event within no later than two Working (2) Business Days of receiving a Request for Information; 8.2.2 provide DFID prior to disclosure. The Service Provider shall facilitate LS in complying with a copy of all Information in its possession, or power in obligations under the form that DFID requires within five Working Days (or such other period as DFID may specify) of DFID’s request; and 8.2.3 provide all FOI Legislation and any necessary assistance as reasonably requested by DFID to enable DFID to respond consultation and to the Request for Information extent that such obligations relate to information held by the Service Provider on behalf of LS indicating whether such information is held by them and if necessary to provide that information to LS, within the time for compliance set out timescale stipulated by LS in section 10 of the FOIA or regulation 5 of the Environmental Information Regulationsclauses 18.2.2 and/or 18.2.4. 8.3 DFID shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, the Environmental Information Regulations and associated codes of practice. 8.4 In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by DFID. 8.5 The Supplier acknowledges that (notwithstanding the provisions of Clause 8) DFID may, acting in accordance with the Department of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Services: 8.5.1 in certain circumstances without consulting the Supplier; or 8.5.2 following consultation with the Contractor and having taken their views into account; provided always that where 8.5.1 applies DFID shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosure. 8.6 The Supplier shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.

Freedom of Information. 8.1 21.1 The Supplier Provider acknowledges that DFID the Authority is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations and associated codes of practice shall assist and cooperate with DFID the Authority to enable DFID the Authority to comply with its Information disclosure obligations. 8.2 21.2 The Supplier Provider shall and shall ensure procure that its Sub-contractors Contractors shall: 8.2.1 21.2.1 transfer to DFID the Authority all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 8.2.2 21.2.2 provide DFID the Authority with a copy of all Information in its possession, or power in the form that DFID the Authority requires within five (5) Working Days (or such other period as DFID the Authority may specify) of DFIDthe Authority’s request; and 8.2.3 21.2.3 provide all necessary assistance as reasonably requested by DFID the Authority to enable DFID the Authority to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID 21.3 The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental Information Regulations and associated codes of practiceRegulations. 8.4 21.4 In no event shall the Supplier Provider respond directly to a Request for Information unless expressly authorised to do so by DFIDthe Authority. 8.5 21.5 The Supplier Provider acknowledges that (notwithstanding the provisions of Clause 8) DFID 21.2) the Authority may, acting in accordance with the Department Secretary of State for Constitutional Affairs’ Affairs Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor Provider or the Services: 8.5.1 21.5.1 in certain circumstances without consulting the SupplierProvider; or 8.5.2 21.5.2 following consultation with the Contractor Provider and having taken their views into account; ; 21.5.3 provided always that where 8.5.1 21.1 applies DFID the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier Provider advanced notice, or failing that, to draw the disclosure to the SupplierProvider’s attention after any such disclosure. 8.6 The Supplier shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.

Freedom of Information. 8.1 35.1 The Supplier Contractor acknowledges that DFID the Authority is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations and associated codes of practice shall assist and cooperate with DFID the Authority (at the Contractor’s expense) to enable DFID the Authority to comply with its these Information disclosure obligationsrequirements. 8.2 35.2 The Supplier Contractor shall and shall ensure procure that its Subsub-contractors shall: 8.2.1 (a) transfer to DFID all Requests the Request for Information that it receives to the Authority as soon as practicable after receipt and in any event within two Working Days of receiving a Request for Information; 8.2.2 (b) provide DFID the Authority with a copy of all Information in its possession, possession or power in the form that DFID the Authority requires within five Working Days (or such other period as DFID the Authority may specify) of DFID’s requestthe Authority requesting that Information; and 8.2.3 (c) provide all necessary assistance as reasonably requested by DFID the Authority to enable DFID the Authority to respond to the a Request for Information within the time for compliance set out in section 10 of the FOIA [or regulation 5 of the Environmental Information Regulations]. 8.3 DFID 35.3 The Authority shall be responsible for determining in at its absolute reasonable discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information Information: (a) is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental Information Regulations Regulations; (b) is to be disclosed in response to a Request for Information, and associated codes of practice. 8.4 In in no event shall the Supplier Contractor respond directly to a Request for Information unless expressly authorised to do so by DFIDthe Authority. 8.5 35.4 The Supplier Contractor acknowledges that (notwithstanding the provisions of Clause 8) DFID Authority may, acting in accordance with the Department Secretary of State for Constitutional Affairs’ Code of Practice on the Discharge discharge of the Functions of Public Authorities public authorities’ functions under Part 1 of FOIA (issued under section 45 of the Freedom of Information Xxx 0000 (“the Code”FOIA, November 2004), be obliged under the FOIA, FOIA or the Environmental Information Regulations to disclose information concerning the Contractor or the Services: 8.5.1 in certain circumstances without consulting the Supplier; or 8.5.2 Information following consultation with the Contractor and having taken their its views into account; provided always that where 8.5.1 applies DFID shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosure. 8.6 35.5 The Supplier Contractor shall ensure that all Information produced in the course of the Agreement or relating to the Agreement is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID the Authority to inspect such records as requested from time to time. 8.7 35.6 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier Contractor acknowledges that any Commercially Sensitive lists or schedules (Fourth Schedule) provided by it outlining Confidential Information noted within this contract is are of indicative value only and that DFID the Authority may nevertheless be obliged to disclose it Confidential Information in accordance with clause 8.535.4.

Freedom of Information. 8.1 The Supplier acknowledges that DFID the Customer is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations and associated codes of practice shall assist and cooperate with DFID the Customer to enable DFID the Customer to comply with its Information disclosure obligations. 8.2 . The Supplier shall and shall ensure procure that its Sub-contractors Contractors shall: 8.2.1 : transfer to DFID the Customer all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 8.2.2 ; provide DFID the Customer with a copy of all Information relating to a Request for Information in its possession, or power control in the form that DFID the Customer requires within five (5) Working Days (or such other period as DFID the Customer may specify) of DFID’s the Customer's request; and 8.2.3 and provide all necessary assistance as reasonably requested by DFID the Customer to enable DFID the Customer to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID . The Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this the Legal Services Contract or any other agreement contract whether the Commercially Sensitive Information and/or any other Information including Supplier’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental Information Regulations and associated codes of practice. 8.4 Regulations. In no event shall the Supplier respond directly to a Request for Information unless expressly authorised in writing to do so by DFID. 8.5 the Customer. The Supplier acknowledges and agrees that (notwithstanding the provisions of Clause 8) DFID 9.2) the Customer may, acting in accordance with the Department Ministry of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”)Justice Codes, be obliged under the FOIA, FOIA or the Environmental Information Regulations to disclose information concerning the Contractor Supplier or the Ordered Panel Services: 8.5.1 : in certain circumstances without consulting the Supplier; or 8.5.2 or following consultation with the Contractor Supplier and having taken their the Supplier’s views into account; , provided always that where 8.5.1 Clause 9.4.6 applies DFID the Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced advance notice, or failing that, to draw the disclosure to the Supplier’s 's attention after any such disclosure. 8.6 . The Supplier shall ensure that all Information information is retained for disclosure in accordance with clauses 8.7 the provisions of the Legal Services Contract and 8.8 in any event in accordance with the requirements of Good Industry Practice and shall permit DFID the Customer on reasonable notice to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 . The Supplier acknowledges that any the Commercially Sensitive Information noted within this contract is of an indicative value nature only and that DFID the Customer may be obliged to disclose it in accordance with clause 8.5Clause 9.4.5.

Freedom of Information. 8.1 The Supplier acknowledges that DFID the Authority is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations and associated codes of practice shall assist and cooperate co-operate with DFID the Authority to enable DFID the Authority to comply with its Information disclosure obligations. 8.2 . The Supplier shall and shall ensure procure that its Sub-contractors Contractors shall: 8.2.1 : transfer to DFID the Authority all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 8.2.2 ; provide DFID the Authority with a copy of all Information Information, relevant to a Request for Information, in its possessioncontrol, possession or power power, in the form that DFID requires the Authority requests within five (5) Working Days (or such other period as DFID the Authority may specify) of DFID’s the Authority's request; and 8.2.3 and provide all necessary assistance as reasonably requested by DFID the Authority to enable DFID the Authority to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID . The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract Framework Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental Information Regulations and associated codes of practice. 8.4 Regulations. In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by DFID. 8.5 the Authority. The Supplier acknowledges that (notwithstanding the provisions of Clause 8) DFID Authority may, acting in accordance with the Department Ministry of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Justice Code”), be obliged under the FOIA, FOIA or the Environmental Information Regulations to disclose information concerning the Contractor Supplier or the Services: 8.5.1 : in certain circumstances without consulting the Supplier; or 8.5.2 or following consultation with the Contractor Supplier and having taken their the Supplier’s views into account; , provided always that where 8.5.1 Clause 22.5.1 applies DFID the Authority shall, in accordance with any recommendations of the Ministry of Justice Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s 's attention after any such disclosure. 8.6 . The Supplier shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 Clause 16 (Records and 8.8 Audit Access) and shall permit DFID the Authority to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 . The Supplier acknowledges that any the description of information as Commercially Sensitive Information noted within this contract in Framework Schedule 13 (Commercially Sensitive Information) is of an indicative value nature only and that DFID the Authority may be obliged to disclose it in accordance with clause 8.5Clause 22.5.

Freedom of Information. 8.1 10.1 The Supplier SPI acknowledges and agrees that DFID the ESFA is subject to legal duties under FOIA, which may require the requirements ESFA to disclose on request information relating to this Funding Agreement or otherwise relating to the SPI. 10.2 The SPI acknowledges and agrees that the ESFA is required by law to consider each and every request made under FOIA for information. 10.3 The SPI acknowledges and agrees that all decisions made by the ESFA pursuant to a request under FOIA are solely a matter for and at the discretion of the ESFA. 10.4 Notwithstanding anything in this Funding Agreement to the contrary (including without limitation any obligations of confidentiality), the ESFA shall be entitled to disclose information in whatever form pursuant to a request made under FOIA, save that in relation to any information that is exempt information the Environmental ESFA shall use reasonable endeavours (but shall not be obliged) to consult the SPI and shall not: a. confirm or deny that information is held by the ESFA; or b. disclose information requested; to the extent that in the ESFA’s opinion the information is eligible in the circumstances for an exemption and therefore the ESFA may lawfully refrain from doing either of the things described in parts (a) and (b) of this clause. 10.5 In relation to information relating to the SPI or this Funding Agreement which the SPI requests should be exempt under the FOIA the SPI shall indemnify the ESFA for any and all costs (including legal fees) incurred by the ESFA in: a. assessing the application of any exemption under FOIA; and/or b. responding to any FOIA notice; and/or c. lodging any appeal against a decision of the Information Regulations and associated codes Commissioner's Office in relation to disclosure; where such costs are incurred pursuant to efforts by the ESFA to withhold exempt information following a request from the SPI. 10.6 The Department shall in no event be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under FOIA of practice any exempt information or other information whether relating to this Funding Agreement or otherwise relating to the SPI. 10.7 The SPI shall assist and cooperate with DFID the ESFA as the ESFA reasonably deems necessary to enable DFID the ESFA to comply with its Information disclosure obligationsobligations under FOIA. 8.2 The Supplier shall and shall ensure that its Sub-contractors shall: 8.2.1 transfer to DFID all Requests for Information that it receives as soon as practicable and in any event within two Working Days of receiving a Request for Information; 8.2.2 provide DFID with a copy of all Information in its possession, or power in the form that DFID requires within five Working Days (or such other period as DFID may specify) of DFID’s request; and 8.2.3 provide all necessary assistance as reasonably requested by DFID to enable DFID to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, the Environmental Information Regulations and associated codes of practice. 8.4 In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by DFID. 8.5 The Supplier acknowledges that (notwithstanding the provisions of Clause 8) DFID may, acting in accordance with the Department of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Services: 8.5.1 in certain circumstances without consulting the Supplier; or 8.5.2 following consultation with the Contractor and having taken their views into account; provided always that where 8.5.1 applies DFID shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosure. 8.6 The Supplier shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.

Freedom of Information. 8.1 The Supplier acknowledges that DFID is subject to the requirements of the FOIA, the Environmental Information Regulations and associated codes of practice shall assist and cooperate with DFID to enable DFID to comply with its Information disclosure obligations. 8.2 The Supplier shall and shall ensure that its Sub-contractors shall: 8.2.1 transfer to DFID all Requests for Information that it receives as soon as practicable and in any event within two Working Days of receiving a Request for Information; 8.2.2 provide DFID with a copy of all Information in its possession, or power in the form that DFID requires within five Working Days (or such other period as DFID may specify) of DFID’s request; and 8.2.3 provide all necessary assistance as reasonably requested by DFID to enable DFID to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, the Environmental Information Regulations and associated codes of practice. 8.4 In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by DFID. 8.5 The Supplier acknowledges that (notwithstanding the provisions of Clause 8) DFID may, acting in accordance with the Department of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Services: 8.5.1 in certain circumstances without consulting the Supplier; or 8.5.2 following consultation with the Contractor and having taken their views into account; provided always that where 8.5.1 8. 5.1 applies DFID shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosure. 8.6 The Supplier shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.

Freedom of Information. 8.1 12.1 The Supplier Contractor acknowledges that DFID the Academy is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations and associated codes of practice shall assist and cooperate with DFID the Academy to enable DFID the Academy to comply with its Information information disclosure obligations. 8.2 12.2 The Supplier Contractor shall and shall ensure procure that its Sub-contractors shall: 8.2.1 12.2.1 transfer to DFID the Academy all Requests for Information that it receives as soon as practicable and in any event within two Working Days of receiving a Request for Information; 8.2.2 12.2.2 provide DFID the Academy with a copy of all Information in its possession, or power in the form that DFID the Academy requires within five Working Days (or such other period as DFID the Academy may specify) of DFID’s the Academy's request; and 8.2.3 12.2.3 provide all necessary assistance as reasonably requested by DFID the Academy to enable DFID the Academy to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID 12.3 The Academy shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental Information Regulations and associated codes of practiceRegulations. 8.4 12.4 In no event shall the Supplier Contractor respond directly to a Request for Information unless expressly authorised to do so by DFIDthe Academy. 8.5 12.5 The Supplier Contractor acknowledges that (notwithstanding the provisions of Clause 8) DFID 13) the Academy may, acting in accordance with the Department Ministry of Constitutional Affairs’ Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the ServicesProject: 8.5.1 12.5.1 in certain circumstances without consulting the SupplierContractor; or 8.5.2 12.5.2 following consultation with the Contractor and having taken their views into account; provided always that where 8.5.1 12. 5.1 applies DFID the Academy shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier Contractor advanced notice, or failing that, to draw the disclosure to the SupplierContractor’s attention after any such disclosure. 8.6 12.6 The Supplier Contractor shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID the Academy to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.

Freedom of Information. 8.1 The Supplier CONTRACTOR acknowledges that DFID the CUSTOMER is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations and associated codes of practice shall assist and cooperate with DFID the CUSTOMER to enable DFID the CUSTOMER to comply with its Information disclosure obligations. 8.2 . The Supplier CONTRACTOR shall and shall ensure procure that its Sub-contractors Contractors shall: 8.2.1 : transfer to DFID the CUSTOMER all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 8.2.2 ; provide DFID the CUSTOMER with a copy of all Information in its possession, possession or power in the form that DFID the CUSTOMER requires within five (5) Working Days (or such other period as DFID the CUSTOMER may specify) of DFIDthe CUSTOMER’s request; and 8.2.3 and provide all necessary assistance as reasonably requested by DFID the CUSTOMER to enable DFID the CUSTOMER to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID . The CUSTOMER shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental Information Regulations and associated codes of practice. 8.4 Regulations. In no event shall the Supplier CONTRACTOR respond directly to a Request for Information unless expressly authorised to do so by DFID. 8.5 the CUSTOMER. The Supplier CONTRACTOR acknowledges that (notwithstanding the provisions of this Clause 8) DFID 19) the CUSTOMER may, acting in accordance with the Department of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”), be obliged under the FOIA, FOIA or the Environmental Information Regulations to disclose information concerning the Contractor CONTRACTOR or the Services: 8.5.1 Ordered IT Products: in certain circumstances without consulting the SupplierCONTRACTOR; or 8.5.2 or following consultation with the Contractor CONTRACTOR and having taken their views into account; , provided always that where 8.5.1 Clause 19.5.1 applies DFID the CUSTOMER shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier CONTRACTOR advanced notice, or failing that, to draw the disclosure to the SupplierCONTRACTOR’s attention after any such disclosure. 8.6 . The Supplier CONTRACTOR shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID the CUSTOMER to inspect such records as requested from time to time. 8.7 . The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier CONTRACTOR acknowledges that any the Commercially Sensitive Information noted within this contract listed in Schedule 2-10 is of indicative value only and that DFID the CUSTOMER may be obliged to disclose it in accordance with clause 8.5Clause 19.5.

Freedom of Information. 8.1 25.1 The Supplier acknowledges that DFID the Customer is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations 2004 and associated codes of practice shall assist and cooperate with DFID the Customer to enable DFID the Customer to comply with its Information disclosure obligations. 8.2 25.2 The Supplier shall and shall ensure procure that its Sub-any sub- contractors shall: 8.2.1 shall transfer to DFID the Customer all Requests for Information that it receives as soon as practicable and in any event within two [two] Working Days of receiving a Request for Information; 8.2.2 (a) provide DFID the Customer with a copy of all Information in its possession, or power in the form that DFID the Customer requires within five [five] Working Days (or such other period as DFID the Customer may specify) of DFID’s the Customer's request; and 8.2.3 (b) provide all necessary assistance as reasonably requested by DFID the Customer to enable DFID the Customer to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation Regulation 5 of the Environmental Information RegulationsRegulations 2004. 8.3 DFID 25.3 The Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information Agreement and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental Information Regulations and associated codes of practice2004. 8.4 25.4 In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by DFIDthe Customer. 8.5 25.5 The Supplier acknowledges that (notwithstanding the provisions of Clause 8) DFID this clause 25 and the provisions of clause 31) the Customer may, acting in accordance with the Department Secretary of State for Constitutional Affairs’ Affairs Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations 2004 to disclose information concerning the Contractor Supplier or the ServicesServices in certain circumstances: 8.5.1 in certain circumstances (a) without consulting the Supplier; or 8.5.2 (b) following consultation with the Contractor Supplier and having taken their views into account; provided always that where 8.5.1 clause 25.5(a) applies DFID the Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s Supplier‟s attention after any such disclosure. 8.6 25.6 The Supplier shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID the Customer to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.

Freedom of Information. 8.1 10.1. The Supplier Provider acknowledges that DFID the Local Authority is subject to the requirements of the FOIACode of Practice on Government Information, FOIA and the Environmental Information Regulations EIR and associated codes of practice shall assist and cooperate co-operate with DFID the Local Authority to enable DFID the Local Authority to comply with its Information information disclosure obligations. 8.2 10.2. The Supplier shall and shall ensure that its Sub-contractors Provider shall: 8.2.1 10.2.1. transfer to DFID the Local Authority all Requests for Information that it receives as soon as practicable and in any event within two Working Days (2) working days of receiving a Request for Information; 8.2.2 10.2.2. provide DFID the Local Authority with a copy of all Information in its possession, possession or power (being information held by the Provider on behalf of the Local Authority) in the form that DFID the Local Authority requires within five Working Days (5) working days of the Local Authority’s request (or such other period as DFID the Local Authority may specify) of DFID’s request); and 8.2.3 10.2.3. provide all necessary assistance as reasonably requested by DFID the Local Authority to enable DFID the Local Authority to respond to the Request for Information within the time for compliance set out in section Section 10 of the FOIA or regulation Regulation 5 of the Environmental Information RegulationsEIR. 8.3 DFID 10.3. The Local Authority shall be responsible for determining in at its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information Information: 10.3.1. is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental Information Regulations and associated codes of practiceEIR; and/or 10.3.2. is to be disclosed in response to a Request for Information. 8.4 10.4. In no event shall the Supplier Provider respond directly to a Request for Information unless expressly authorised to do so by DFIDthe Local Authority. 8.5 10.5. The Supplier Provider acknowledges that (notwithstanding the provisions of Clause 8) DFID Local Authority may, acting in accordance with the Department of Constitutional Affairs’ ' Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”)FOIA, be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Services: 8.5.1 in certain circumstances without consulting the Supplier; or 8.5.2 and/or following consultation with the Contractor and Provider to disclose information without consulting or obtaining consent from the Provider, or despite having taken their the Providers views into account; , provided always that where 8.5.1 applies DFID the Local Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, : 10.5.1. to give the Supplier Provider advanced notice, or failing that, ; 10.5.2. to draw the disclosure to the Supplier’s Providers attention after any such disclosure. 8.6 The Supplier shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.

Freedom of Information. 8.1 The Supplier acknowledges that DFID is subject to the requirements of the FOIA, the Environmental Information Regulations and associated codes of practice shall assist and cooperate with DFID to enable DFID to comply with its Information disclosure obligations. 8.2 The Supplier shall and shall ensure that its Sub-contractors shall: 8.2.1 transfer to DFID all Requests for Information that it receives as soon as practicable and in any event within two Working Days of receiving a Request for Information; 8.2.2 provide DFID with a copy of all Information in its possession, or power in the form that DFID requires within five Working Days (or such other period as DFID may specify) of DFID’s request; and 8.2.3 provide all necessary assistance as reasonably requested by DFID to enable DFID to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, the Environmental Information Regulations and associated codes of practice. 8.4 In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by DFID. 8.5 The Supplier acknowledges that (notwithstanding the provisions of Clause 8) DFID may, acting in accordance with the Department of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Services: 8.5.1 in certain circumstances without consulting the Supplier; or 8.5.2 following consultation with the Contractor and having taken their views into account; provided always that where 8.5.1 ; 5.1 applies DFID shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosure. 8.6 The Supplier shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.

Freedom of Information. 8.1 The Supplier acknowledges that DFID is subject to the requirements of the FOIA, the Environmental Information Regulations and associated codes of practice shall assist and cooperate with DFID to enable DFID to comply with its Information disclosure obligations. 8.2 The Supplier shall and shall ensure that its Sub-contractors shall: 8.2.1 transfer to DFID all Requests for Information that it receives as soon as practicable and in any event within two Working Days of receiving a Request for Information; 8.2.2 provide DFID with a copy of all Information in its possession, or power in the form that DFID requires within five Working Days (or such other period as DFID may specify) of DFID’s request; and 8.2.3 provide all necessary assistance as reasonably requested by DFID to enable DFID to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, the Environmental Information Regulations and associated codes of practice. 8.4 In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by DFID. 8.5 The Supplier acknowledges that (notwithstanding the provisions of Clause 8) DFID may, acting in accordance with the Department of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor Supplier or the Services: 8.5.1 in certain circumstances without consulting the Supplier; or 8.5.2 following consultation with the Contractor Supplier and having taken their views into account; provided always that where 8.5.1 ; 5.1 applies DFID shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosure. 8.6 The Supplier shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.

Freedom of Information. 8.1 23.1. The Supplier Training Provider acknowledges that DFID CITB-ConstructionSkills is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations and associated codes of practice shall assist and cooperate with DFID CITB-ConstructionSkills to enable DFID it to comply with its Information disclosure obligations. 8.2 23.2. The Supplier Training Provider further acknowledges that the Skills Funding Agency has no duty of confidentiality in respect of any documents or information supplied to it by the Training Provider or CITB-ConstructionSkills and clauses 23.6 and 23.7 below shall apply. 23.3. The Training Provider shall (and shall ensure procure that its Sub-contractors Staff shall:): 8.2.1 23.3.1. transfer to DFID CITB-ConstructionSkills all Requests for Information that it receives (or they receive) as soon as practicable and in any event within two Working Days of after receiving a Request for Information; 8.2.2 23.3.2. provide DFID CITB-ConstructionSkills with a copy of all Information in its possession, or power in the form that DFID CITB-ConstructionSkills requires within five Working Days (or such other period as DFID CITB- ConstructionSkills may specify) of DFID’s after CITB-ConstructionSkills’ request; and 8.2.3 23.3.3. provide all necessary assistance as reasonably requested by DFID CITB- ConstructionSkills to enable DFID CITB-ConstructionSkills to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID 23.4. CITB-ConstructionSkills shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Framework Agreement and/or any Call-Off Contract or and/or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental Information Regulations and associated codes of practiceRegulations. 8.4 23.5. In no event shall the Supplier Training Provider respond directly to a Request for Information unless expressly authorised to do so by DFIDCITB-ConstructionSkills. 8.5 23.6. The Supplier Training Provider acknowledges that (notwithstanding the provisions of Clause 8) DFID may, acting in accordance with the Department of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”), CITB-ConstructionSkills may be obliged under the FOIA, FOIA or the Environmental Information Regulations to disclose information concerning the Contractor or Training Provider, this Framework Agreement, any Call-Off Contract and/or the Services: 8.5.1 in 00.0.0. xx certain circumstances without consulting the SupplierTraining Provider; or 8.5.2 following or 23.6.2.following consultation with the Contractor Training Provider and having taken their its‌ views into account; provided always that where 8.5.1 applies DFID shall. 23.7. CITB-ConstructionSkills shall in no event be liable for any loss, damage, harm or detriment, howsoever cause, arising from or in accordance connection with the disclosure under FOIA of any recommendations information, whether or not exempt information within the meaning of the Code, take reasonable steps, where appropriate, FOIA and whether relating to give the Supplier advanced notice, this Framework Agreement or failing that, to draw the disclosure otherwise relating to the Supplier’s attention after any such disclosureTraining Provider. 8.6 The Supplier shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.

Freedom of Information. 8.1 16.1 The Supplier Provider acknowledges that DFID Enfield Council is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations EIR and associated codes of practice shall assist and cooperate co-operate with DFID Enfield Council (at the Provider’s expense) to enable DFID Enfield Council to comply with its Information these information disclosure obligationsrequirements. 8.2 16.2 The Supplier shall Provider shall, and shall ensure procure that its Subsub-contractors providers (if applicable), shall: 8.2.1 transfer to DFID all Requests 16.2.1 Transfer the Request for Information that it receives made pursuant to the FOIA and EIRs relating to this Provider Funding Agreement to Enfield Council as soon as practicable after receipt and in any event within two seven (7) Working Days of receiving a Request for Information;. 8.2.2 provide DFID 16.2.2 Provide Enfield Council with a copy of all Information information in its possession, possession or power in the form that DFID Enfield Council requires within five seven (7) Working Days (or such other period as DFID Enfield Council may specify) of DFID’s requestEnfield Council requesting that information; and 8.2.3 provide 16.2.3 Provide all necessary assistance and co-operation as reasonably requested by DFID Enfield Council to enable DFID Enfield Council to respond to the a Request for Information within the time for compliance set out in section Section 10 of the FOIA or regulation Regulation 5 of the Environmental Information RegulationsEIR. 8.3 DFID 16.3 Enfield Council shall be responsible for determining in at its absolute discretion and notwithstanding whether any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is information: 16.3.1 Is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental EIR; 16.3.2 Is to be disclosed in response to a Request for Information Regulations and associated codes of practice. 8.4 In in no event shall the Supplier Provider respond directly to a Request for Information unless expressly authorised to do so by DFIDEnfield Council. 8.5 16.4 The Supplier Provider acknowledges that (notwithstanding the provisions of Clause 8) DFID Enfield Council may, acting in accordance with the Department Secretary of State for Constitutional Affairs’ Code of Practice on the Discharge discharge of the Functions of Public Authorities public authorities’ functions under Part 1 of FOIA (issued under Section 45 of the Freedom of Information Xxx 0000 (“the Code”FOIA, November 2004), be obliged under the FOIA, FOIA or the Environmental Information Regulations EIR to disclose information concerning information:- 16.4.1 Without consulting with the Contractor or the Services: 8.5.1 in certain circumstances without consulting the SupplierProvider; or 8.5.2 following 16.4.2 Following consultation with the Contractor Provider and having taken their its views into account; provided always that where 8.5.1 applies DFID shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosure. 8.6 16.5 The Supplier Provider shall ensure that all Information information produced in the course of the Provider Funding Agreement or relating to the Provider Funding Agreement is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID Enfield Council to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.

Freedom of Information. 8.1 18.2.1 The Supplier Body acknowledges and agrees that DFID the ESFA is subject to legal duties under FOIA, which may require the requirements ESFA to disclose on request information relating to this Agreement or otherwise relating to the Body. 18.2.2 The Body acknowledges and agrees that the ESFA is required by law to consider each and every request made under FOIA for information. 18.2.3 The Body acknowledges and agrees that all decisions made by the ESFA pursuant to a request under FOIA is solely a matter for and at the discretion of the ESFA. 18.2.4 Notwithstanding anything in this Agreement to the contrary (including without limitation any obligations of confidentiality), the ESFA shall be entitled to disclose information in whatever form pursuant to a request made under FOIA, save that in relation to any information that is exempt information the Environmental Information Regulations ESFA shall use reasonable endeavours (but shall not be obliged) to consult the Body and associated codes shall not; a) confirm or deny that information is held by the ESFA; or b) disclose information requested to the extent that in the ESFA’s opinion the information is eligible in the circumstances for an exemption and therefore the ESFA may lawfully refrain from doing either of practice the things described in parts (a) and (b) of this clause. 18.2.5 In relation to information relating to the Body or this Agreement which the Body requests should be exempt under the FOIA the Body shall indemnify the ESFA for any and all costs (including legal fees) incurred by the ESFA in: a) assessing the application of any exemption under FOIA; and/or b) responding to any FOIA notice; and/or c) lodging any appeal against a decision of the information commissioner in relation to disclosure where such costs are incurred pursuant to efforts by the ESFA to withhold exempt information; 18.2.6 The ESFA shall in no event be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under FOIA of any exempt information or other information whether relating to this Agreement or otherwise relating to the Body; 18.2.7 The Body shall assist and cooperate with DFID the ESFA as reasonably necessary to enable DFID the ESFA to comply with its Information disclosure obligationsobligations under FOIA. 8.2 The Supplier shall and shall ensure that its Sub-contractors shall: 8.2.1 transfer to DFID all Requests for Information that it receives as soon as practicable and in any event within two Working Days of receiving a Request for Information; 8.2.2 provide DFID with a copy of all Information in its possession, or power in the form that DFID requires within five Working Days (or such other period as DFID may specify) of DFID’s request; and 8.2.3 provide all necessary assistance as reasonably requested by DFID to enable DFID to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, the Environmental Information Regulations and associated codes of practice. 8.4 In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by DFID. 8.5 The Supplier acknowledges that (notwithstanding the provisions of Clause 8) DFID may, acting in accordance with the Department of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Services: 8.5.1 in certain circumstances without consulting the Supplier; or 8.5.2 following consultation with the Contractor and having taken their views into account; provided always that where 8.5.1 applies DFID shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosure. 8.6 The Supplier shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.

Freedom of Information. 8.1 10.1 The Supplier Provider acknowledges that DFID TfGM is subject to the requirements of the FOIAFoIA and the EIRs, the Environmental Information Regulations and associated codes of practice shall assist and cooperate with DFID TfGM to enable DFID TfGM to comply with its Information information disclosure obligations. 8.2 10.2 The Supplier shall and shall ensure that its Sub-contractors Provider shall: 8.2.1 10.2.1 transfer to DFID TfGM all Requests for Information that it receives as soon as practicable and in any event within two three Working Days of receiving a Request for Information; 8.2.2 10.2.2 provide DFID TfGM with a copy of all Information relevant information in its possession, or power in the form that DFID TfGM requires within five seven Working Days of TfGM's request (or such other shorter period as DFID may specify) of DFID’s requestbe specified); and 8.2.3 10.2.3 provide all necessary assistance as reasonably requested by DFID TfGM to enable DFID TfGM to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA FoIA or regulation 5 of the Environmental Information RegulationsEIRs. 8.3 DFID 10.3 TfGM shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract agreement, or any other agreement agreement, whether the Commercially Sensitive Information and/or any other Information requested information is exempt from disclosure in accordance with the provisions of the FOIAFoIA, the Environmental Information Regulations and associated codes of practiceEIRs or any other statutes governing access to information. 8.4 In no event 10.4 The Provider shall the Supplier not respond directly to a Request for Information in any circumstances, unless expressly authorised to do so in writing by DFIDTfGM. 8.5 10.5 The Supplier Provider acknowledges that (notwithstanding the provisions of Clause 8) DFID may, acting in accordance with the Department of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”), TfGM may be obliged under the FOIA, FoIA or the Environmental Information Regulations EIRs to disclose information concerning the Contractor Provider or the Services: 8.5.1 10.5.1 in certain circumstances without consulting the SupplierProvider; or 8.5.2 10.5.2 following consultation with the Contractor and Provider, having taken their the views of the Provider into account; provided always that where 8.5.1 applies DFID TfGM shall, in accordance with any recommendations of Section 45 of the FoIA Code, take reasonable steps, where appropriate, to give the Supplier advanced Provider prior notice, or failing that, to draw the disclosure to the Supplier’s attention of the Provider after any such disclosure. 8.6 10.6 The Supplier Provider shall ensure that all Information requested information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID TfGM to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.

Freedom of Information. 8.1 14.1 The Supplier Contractor acknowledges that DFID the Authority is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations and associated codes of practice shall must assist and cooperate with DFID the Authority to enable DFID the Authority to comply with its Information disclosure obligations. 8.2 14.2 The Supplier shall Contractor must (and shall must ensure that its any Sub-contractors shall:Contractor will)— 8.2.1 (a) transfer to DFID the Authority all Requests for Information that it receives as soon as practicable and in any event and, within two Working Days of receiving a Request for Information; 8.2.2 (b) where requested by the Authority, provide DFID the Authority with a copy of all Information in its possession, possession or power in the form that DFID the Authority requires within five (5) Working Days (or such other period as DFID the Authority may specify) of DFID’s request); and 8.2.3 (c) provide all necessary assistance as reasonably requested by DFID the Authority to enable DFID the Authority to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID shall be 14.3 The Authority is responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental Information Regulations and associated codes of practiceRegulations. 8.4 In no event shall the Supplier 14.4 The Contractor must not respond directly to a Request for Information unless expressly authorised to do so by DFIDthe Authority. 8.5 14.5 The Supplier Contractor acknowledges that (notwithstanding the provisions of Clause 8) DFID may, acting in accordance with clause 13 (Confidential Information)) the Department of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”), Authority may be obliged under the FOIA, FOIA or the Environmental Information Regulations to disclose information concerning the Contractor or the Services: 8.5.1 Goods and/or Services in certain circumstances circumstances— (a) without consulting the SupplierContractor; or 8.5.2 (b) following consultation with the Contractor and having taken their its views into account; provided always that that, where 8.5.1 applies DFID shallclause 14.5(a) applies, the Authority must, in accordance with any recommendations of the Code, Codes of Practice under the FOIA or the Environmental Information Regulations take reasonable steps, where appropriate, steps to give the Supplier advanced Contractor advance notice, or failing that, to draw the disclosure to the SupplierContractor’s attention after any such disclosure. 8.6 14.6 The Supplier shall Contractor must ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID the Authority to inspect such records as requested from time to time. 8.7 14.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier Contractor acknowledges that any the Commercially Sensitive Information noted within this contract listed in the Commercially Sensitive Information Schedule is of indicative value only and that DFID the Authority may be obliged to disclose it in accordance with clause 8.514. 14.8 The Authority is not liable for any loss, damage, harm or other detriment suffered by the Contractor arising from the disclosure of any Information falling within the scope of the FOIA or the Environmental Information Regulations.

Freedom of Information. 8.1 22.1 The Supplier Consultant acknowledges that DFID is TfGM are subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations and associated codes of practice shall assist and cooperate with DFID TfGM to enable DFID them to comply with its Information their disclosure obligations. 8.2 22.2 The Supplier Consultant shall and shall ensure procure that its Sub-contractors Consultants shall: 8.2.1 22.2.1 transfer to DFID TfGM all Requests for Information that it receives as soon as practicable and in any event within two Working Days of receiving a Request for Information; 8.2.2 22.2.2 provide DFID TfGM with a copy of all Information in its possession, or power in the form that DFID TfGM requires within five Working Days (or such other period as DFID TfGM may specify) of DFID’s TfGM's request; and 8.2.3 22.2.3 provide all necessary assistance as reasonably requested by DFID TfGM to enable DFID TfGM to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID 22.3 TfGM shall be responsible for determining in its their absolute discretion and notwithstanding any other provision in this Contract Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental Information Regulations and associated codes of practiceRegulations. 8.4 22.4 In no event shall the Supplier Consultant respond directly to a Request for Information unless expressly authorised to do so by DFIDTfGM. 8.5 22.5 The Supplier Consultant acknowledges that (notwithstanding the provisions of Clause 8) DFID 20) TfGM may, acting in accordance with the Department of Constitutional Affairs’ ' Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“"the Code”"), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor Consultant or the Services: 8.5.1 in certain circumstances without consulting the Supplier; or 8.5.2 Services following consultation with the Contractor Consultant and having taken their views into account; provided always that where 8.5.1 applies DFID TfGM shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced Consultant advance notice, or failing that, to draw the disclosure to the Supplier’s Consultant's attention after any such disclosure. 8.6 22.6 The Supplier shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier Consultant acknowledges that any the Commercially Sensitive Information noted within this contract listed in Schedule 4 is of indicative value only and that DFID TfGM may be obliged to disclose it in accordance with clause 8.522.5.

Freedom of Information. 8.1 The Supplier Service Provider acknowledges that DFID the Customer is subject to the requirements of the FOIACode of Practice on Government Information, FOIA and the Environmental Information Regulations and associated codes of practice shall assist and cooperate with DFID the Customer to enable DFID the Customer to comply with its Information disclosure obligations. 8.2 . The Supplier Service Provider shall and shall ensure procure that its Sub-contractors shall: 8.2.1 : transfer to DFID the Customer all Requests for Information that it receives as soon as practicable and in any event within two Working Days (or such other period as is specified in the Order Form or by the Customer) of receiving a Request for Information; 8.2.2 ; provide DFID the Customer with a copy of all Information in its possession, or power in the form that DFID the Customer requires within five Working Days (or such other period as DFID the Customer may specify) of DFID’s the Customer's request; and 8.2.3 and provide all necessary assistance as reasonably requested by DFID the Customer to enable DFID the Customer to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID . The Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement contract whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIACode of Practice on Government Information, FOIA or the Environmental Information Regulations and associated codes of practice. 8.4 Regulations. In no event shall the Supplier Service Provider respond directly to a Request for Information unless expressly authorised to do so by DFID. 8.5 the Customer. The Supplier Service Provider acknowledges that (notwithstanding the provisions of Clause 8) DFID ) the Customer may, acting in accordance with the Department of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 Act 2000 (“"the Code”"), be obliged under the FOIA, or the Environmental Information Regulations to disclose information Information concerning the Contractor Service Provider or the Services: 8.5.1 : in certain circumstances without consulting the SupplierService Provider; or 8.5.2 or following consultation with the Contractor Service Provider and having taken their views into account; provided always that where 8.5.1 applies DFID Clause 6.9.5.1applies the Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier Service Provider advanced notice, or failing that, to draw the disclosure to the Supplier’s Service Provider's attention after any such disclosure. 8.6 . The Supplier Service Provider shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 the provisions of this Contract and 8.8 in any event in accordance with the requirements of Good Industry Practice and shall permit DFID the Customer to inspect such records as requested from time to time. 8.7 . The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier Service Provider acknowledges that any the Commercially Sensitive Information noted within this contract is of indicative value only and that DFID the Customer may be obliged to disclose it in accordance with clause 8.56.9.5).

Freedom of Information. 8.1 The Supplier acknowledges that DFID the Customer is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations and associated codes of practice shall assist and cooperate with DFID the Customer to enable DFID the Customer to comply with its Information disclosure obligations. 8.2 . The Supplier shall and shall ensure procure that its Sub-contractors Contractors shall: 8.2.1 : transfer to DFID the Customer all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 8.2.2 ; provide DFID the Customer with a copy of all Information relating to a Request for Information in its possession, or power control in the form that DFID the Customer requires within five (5) Working Days (or such other period as DFID the Customer may specify) of DFID’s the Customer's request; and 8.2.3 and provide all necessary assistance as reasonably requested by DFID the Customer to enable DFID the Customer to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID . The Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this the Legal Services Contract or any other agreement contract whether the Commercially Sensitive Information and/or any other Information including Supplier’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental Information Regulations and associated codes of practice. 8.4 Regulations. In no event shall the Supplier respond directly to a Request for Information unless expressly authorised in writing to do so by DFID. 8.5 the Customer. The Supplier acknowledges and agrees that (notwithstanding the provisions of Clause 8) DFID 9.2) the Customer may, acting in accordance with the Department Ministry of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”)Justice Codes, be obliged under the FOIA, FOIA or the Environmental Information Regulations to disclose information concerning the Contractor Supplier or the Legal Services Contract Ordered Panel Services: 8.5.1 : in certain circumstances without consulting the Supplier; or 8.5.2 or following consultation with the Contractor Supplier and having taken their the Supplier’s views into account; , provided always that where 8.5.1 Clause 9.4.6 applies DFID the Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced advance notice, or failing that, to draw the disclosure to the Supplier’s 's attention after any such disclosure. 8.6 . The Supplier shall ensure that all Information information is retained for disclosure in accordance with clauses 8.7 the provisions of the Legal Services Contract and 8.8 in any event in accordance with the requirements of Good Industry Practice and shall permit DFID the Customer on reasonable notice to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 . The Supplier acknowledges that any the Commercially Sensitive Information noted within this contract is of an indicative value nature only and that DFID the Customer may be obliged to disclose it in accordance with clause 8.5Clause 9.4.5.

Freedom of Information. 8.1 The Supplier Provider acknowledges that DFID the Council is subject to the requirements of the Freedom of Information Act 2000 (“FOIA, ”) and the Environmental Information Regulations 2004 and associated codes of practice shall assist and cooperate with DFID the Council (at the Provider’s expense) to enable DFID the Council to comply with its these Information disclosure obligationsrequirements. 8.2 The Supplier Provider shall and shall ensure procure that its Subsub-contractors shall: 8.2.1 transfer to DFID all Requests any Request for Information that it receives to the Council as soon as practicable after receipt and in any event within two 2 [two] Working Days of receiving a Request for Information; 8.2.2 provide DFID the Council with a copy of all Information in its possession, possession or power in the form that DFID the Council requires within five 5 [five] Working Days (or such other period as DFID the Council may specify) of DFID’s requestthe County Council requesting that Information; and 8.2.3 provide all necessary assistance as reasonably requested by DFID the Council to enable DFID the Council to respond to the a Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID The Council shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information Information: 8.3.1 is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental Information Regulations Regulations; 8.3.2 is to be disclosed in response to a Request for Information, and associated codes of practice. 8.4 In in no event shall the Supplier Provider respond directly to a Request for Information unless expressly authorised to do so by DFIDthe Council. 8.5 8.4 The Supplier Provider acknowledges that (notwithstanding the provisions of Clause 8) DFID Council may, acting in accordance with the Department Secretary of State for Constitutional Affairs’ Code of Practice on the Discharge discharge of the Functions of Public Authorities public authorities’ functions under Part 1 of FOIA (issued under section 45 of the Freedom of Information Xxx 0000 (“the Code”FOIA, November 2004), be obliged under the FOIA, FOIA or the Environmental Information Regulations to disclose information concerning the Contractor or the Services: 8.5.1 in certain circumstances Information without consulting with the Supplier; or 8.5.2 Provider, or following consultation with the Contractor Provider and having taken their its views into account; provided always that where 8.5.1 applies DFID shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosure. 8.6 8.5 The Supplier Provider shall ensure that all Information produced in the course of the Contract or relating to the Contract is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID the Council to inspect such records as requested from time to time. 8.7 8.6 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier Provider acknowledges that any Commercially Sensitive lists or Schedules provided by it outlining Confidential Information noted within this contract is are of indicative value only and that DFID the Council may nevertheless be obliged to disclose it Confidential Information in accordance with clause 8.58.4.

Freedom of Information. 8.1 7.1.1 The Supplier Contractor acknowledges and agrees that DFID the Department is subject to legal duties under FOIA, which may require the requirements Department to disclose on request information relating to this Contract or otherwise relating to the Contractor. 7.1.2 The Contractor acknowledges and agrees that the Department is required by Law to consider each and every request made under FOIA for information. 7.1.3 The Contractor acknowledges and agrees that all decisions made by the Department pursuant to a request under FOIA are solely a matter for and at the discretion of the Department. 7.1.4 Notwithstanding anything in this Contract to the contrary (including without limitation any obligations of confidentiality), the Department shall be entitled to disclose information in whatever form pursuant to a request made under FOIA, save that in relation to any information that is Exempt Information the Environmental Department shall use reasonable endeavours (but shall not be obliged) to consult the Contractor and shall not: a) confirm or deny that information is held by the Department; or b) disclose information requested to the extent that in the Department’s opinion the information is eligible in the circumstances for an exemption and therefore the Department may lawfully refrain from doing either of the things described in parts (a) and (b) of this clause. 7.1.5 In relation to information relating to the Contractor or the Contract which the Contractor requests should be exempt under the FOIA. The Contractor shall indemnify the Department for any and all costs (including legal fees) incurred by the Department in: a) assessing the application of any exemption under FOIA; and/or b) responding to any FOIA notice; and/or c) lodging any appeal against a decision of the Information Regulations and associated codes Commissioner in relation to disclosure where such costs are incurred pursuant to efforts by the Department to withhold Exempt Information. 7.1.6 The Department shall in no event be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under FOIA of practice any Exempt Information or other information whether relating to this Contract or otherwise relating to the Contractor. 7.1.7 The Contractor shall assist and cooperate with DFID the Department as reasonably necessary to enable DFID the Department to comply with its Information disclosure obligationsobligations under FOIA. 8.2 The Supplier shall and shall ensure that its Sub-contractors shall: 8.2.1 transfer to DFID all Requests for Information that it receives as soon as practicable and in any event within two Working Days of receiving a Request for Information; 8.2.2 provide DFID with a copy of all Information in its possession, or power in the form that DFID requires within five Working Days (or such other period as DFID may specify) of DFID’s request; and 8.2.3 provide all necessary assistance as reasonably requested by DFID to enable DFID to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, the Environmental Information Regulations and associated codes of practice. 8.4 In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by DFID. 8.5 The Supplier acknowledges that (notwithstanding the provisions of Clause 8) DFID may, acting in accordance with the Department of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Services: 8.5.1 in certain circumstances without consulting the Supplier; or 8.5.2 following consultation with the Contractor and having taken their views into account; provided always that where 8.5.1 applies DFID shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosure. 8.6 The Supplier shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.

Freedom of Information. 8.1 The Supplier acknowledges that DFID is subject to the requirements of the FOIA, the Environmental Information Regulations and associated codes of practice and shall assist and cooperate with DFID to enable DFID to comply with its Information disclosure obligations. 8.2 The Supplier shall and shall ensure procure that its Sub-contractors shall: 8.2.1 transfer to DFID all Requests for Information that it receives as soon as practicable and in any event within two Working Days of receiving a Request for Information; 8.2.2 provide DFID with a copy of all Information in its possession, or power in the form that DFID requires within five Working Days (or such other period as DFID may specify) of DFID’s request; and 8.2.3 provide all necessary assistance as reasonably requested by DFID to enable DFID to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Agreement and/or any Calldown Contract or any other agreement Agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, the Environmental Information Regulations and associated codes of practice. 8.4 In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by DFID. 8.5 The Supplier acknowledges that (notwithstanding the provisions of Clause 8) DFID may, acting in accordance with the Department of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor Supplier or the Services: 8.5.1 in certain circumstances without consulting the Supplier; or 8.5.2 following consultation with the Contractor Supplier and having taken their views into account; provided always that where 8.5.1 applies DFID shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosure. 8.6 The Supplier shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Agreement and/or any Calldown Contract and for a period of at least seven years following the expiry or termination of this Agreement and/or any Calldown Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract Agreement and/or any Calldown Contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.

Freedom of Information. 8.1 14.1 The Supplier acknowledges that DFID the Met Office is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations (together the “Disclosure Legislation”) and associated codes of practice shall assist and cooperate with DFID the Met Office to enable DFID the Met Office to comply with its Information these information disclosure obligationsrequirements. 8.2 14.2 The Supplier shall and shall ensure procure that its Subsub-contractors shall: 8.2.1 transfer to DFID all Requests for Information that it receives as soon as practicable and in any event within two Working Days of receiving a Request for Information; 8.2.2 14.2.1 provide DFID the Met Office with a copy of all Information in its possession, possession or power in the form that DFID the Met Office requires within five Working (5) Business Days (or such other period as DFID the Met Office may specify) of DFID’s requestthe Met Office requesting that Information; and 8.2.3 14.2.2 provide all necessary assistance as reasonably requested by DFID the Met Office to enable DFID the Met Office to respond to the a Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information RegulationsRegulations (as the case may be). 8.3 DFID 14.3 The Met Office shall be responsible for determining in at its absolute discretion discretion, and notwithstanding not withstanding any other provision in this Contract or any other agreement agreement, whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, the Environmental Information Regulations and associated codes of practice. 8.4 Disclosure Legislation. In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by DFIDthe Met Office's duly authorised representative. 8.5 14.4 The Supplier acknowledges that (notwithstanding the provisions of Clause 8) DFID Met Office may, acting in accordance with the Department Disclosure Legislation (including codes of Constitutional Affairs’ Code of Practice on practice issued by the Discharge of Information Commissioner or relevant Central Government Body regarding the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”Disclosure Legislation), be obliged under the FOIA, or the Environmental Information Regulations Disclosure Legislation to disclose information concerning the Contractor or the ServicesInformation: 8.5.1 14.4.1 in certain circumstances without consulting with the Supplier; or 8.5.2 14.4.2 following consultation with the Contractor Supplier and having taken their its views into account; , provided always that where 8.5.1 applies DFID the Met Office shall, in accordance with any recommendations of the Codeany relevant Code of Practice, take reasonable steps, where lawful and appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosure. 8.6 14.5 The Supplier shall ensure that all Information produced in relation to the provision of Services is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID the Met Office to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.

Freedom of Information. 8.1 12.1 The Supplier Trust acknowledges that DFID the SDNPA is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations EIRs. The Trust shall: 12.1.1 provide all necessary assistance and associated codes of practice shall assist and cooperate with DFID cooperation as reasonably requested by the SDNPA to enable DFID the SDNPA to comply with its Information disclosure obligations.obligations under the FOIA and EIRs; 8.2 The Supplier shall and shall ensure that its Sub-contractors shall: 8.2.1 12.1.2 transfer to DFID the SDNPA all Requests for Information relating to this Agreement that it receives as soon as practicable and in any event within two Working Days 2 working days of receiving a Request for Informationreceipt; 8.2.2 12.1.3 provide DFID the SDNPA with a copy of all Information belonging to the SDNPA requested in the Request For Information which is in its possession, possession or power control in the form that DFID the SDNPA requires within five Working Days 5 working days (or such other period as DFID the SDNPA may reasonably specify) of DFID’s requestthe SDNPA's request for such Information; and 8.2.3 provide all necessary assistance as reasonably requested by DFID to enable DFID to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, the Environmental Information Regulations and associated codes of practice. 8.4 In no event shall the Supplier 12.1.4 not respond directly to a Request for For Information unless expressly authorised in writing to do so by DFIDthe SDNPA. 8.5 12.2 The Supplier Trust acknowledges that the SDNPA may be required under the FOIA and EIRs to disclose Information (notwithstanding including information which may be of a commercially sensitive nature relating to the provisions Trust, its intellectual property rights or its business including any information which the Trust may have indicated to the SDNPA that, if disclosed by the SDNPA, would cause the Trust significant prejudice or financial loss) without consulting or obtaining consent from the Trust. The SDNPA shall take reasonable steps to notify the Trust of Clause 8) DFID may, acting a Request For Information (in accordance with the Department Secretary of Constitutional Affairs’ State's section 45 Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Services: 8.5.1 in certain circumstances without consulting the Supplier; or 8.5.2 following consultation with the Contractor and having taken their views into account; provided always that where 8.5.1 applies DFID shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure ) to the Supplier’s attention after extent that it is permissible and reasonably practical for it to do so but (notwithstanding any such disclosure. 8.6 The Supplier other provision in this Agreement) the SDNPA shall ensure that all Information be responsible for determining in its absolute discretion whether any information is retained for exempt from disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID to inspect such records as requested from time to timethe FOIA and/or the EIRs. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.

Freedom of Information. 8.1 The Supplier acknowledges that DFID is subject to the requirements of the FOIA, the Environmental Information Regulations and associated codes of practice shall assist and cooperate with DFID to enable DFID to comply with its Information disclosure obligations. 8.2 The Supplier shall and shall ensure procure that its Sub-contractors shall: 8.2.1 transfer to DFID all Requests for Information that it receives as soon as practicable and in any event within two Working Days of receiving a Request for Information; 8.2.2 provide DFID with a copy of all Information in its possession, or power in the form that DFID requires within five Working Days (or such other period as DFID may specify) of DFID’s request; and 8.2.3 provide all necessary assistance as reasonably requested by DFID to enable DFID to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, the Environmental Information Regulations and associated codes of practice. 8.4 In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by DFID. 8.5 The Supplier acknowledges that (notwithstanding the provisions of Clause 8) DFID may, acting in accordance with the Department of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Services: 8.5.1 in certain circumstances without consulting the Supplier; or 8.5.2 following consultation with the Contractor and having taken their views into account; provided always that where 8.5.1 applies DFID shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosure. 8.6 The Supplier shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.

Freedom of Information. 8.1 13.1 The Supplier Contractor acknowledges that DFID the Department is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations and associated codes of practice shall assist and cooperate with DFID the Department to enable DFID the Department to comply with its Information information disclosure obligations. Clause 13 only applies to FOI requests that are properly answerable by the Department. 8.2 13.2 The Supplier Contractor shall and shall ensure procure that its Sub-contractors shall: 8.2.1 13.2.1 transfer to DFID the Department all Requests for Information that it receives as soon as practicable and in any event within two Working Days of receiving a Request for Information; 8.2.2 13.2.2 provide DFID the Department with a copy of all Information in its possession, or power in the form that DFID the Department requires within five Working Days (or such other period as DFID the Department may specify) of DFID’s the Department's request; and 8.2.3 13.2.3 provide all necessary assistance as reasonably requested by DFID the Department to enable DFID the Department to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID 13.3 The Department shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental Information Regulations and associated codes of practiceRegulations. 8.4 13.4 In no event shall the Supplier Contractor respond directly to a Request for Information unless expressly authorised to do so by DFIDthe Department. 8.5 13.5 The Supplier Contractor acknowledges that (notwithstanding the provisions of Clause 8) DFID may, acting in accordance with the Department of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Services:Clause 8.5.1 13.5.1 in certain circumstances without consulting the SupplierContractor; or 8.5.2 13.5.2 following consultation with the Contractor and having taken their views into account; provided always that where 8.5.1 13.5.1 applies DFID the Department shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier Contractor advanced notice, or failing that, to draw the disclosure to the SupplierContractor’s attention after any such disclosure. 8.6 13.6 The Supplier Contractor shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID the Department to inspect such records as requested from time to time. 8.7 13.7 The Supplier shall, during this Contract Department acknowledges that the Contractor and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with its Sub contractors are subject to the requirements of the Public Records Office FOIA and in accordance the Environmental Information Regulations and shall provide reasonable assistance and cooperation to the Contractor or Sub contractor to enable them to comply with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expensetheir information disclosure obligations. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.

Freedom of Information. 8.1 The Supplier acknowledges that DFID 13.2.1 Homes England is a "FOIA Authority" and: (a) are subject to legal duties which may require the requirements release of the FOIA, the Environmental information under FOIA and/or EIR; and (b) a FOIA Authority may be under an obligation to provide Information Regulations and associated codes of practice shall assist and cooperate with DFID subject to enable DFID to comply with its Information disclosure obligations. 8.2 The Supplier shall and shall ensure that its Sub-contractors shall: 8.2.1 transfer to DFID all Requests for Information that it receives as soon as practicable and in any event within two Working Days of receiving a Request for Information; 8.2.2 provide DFID with a copy of all Information in its possession, or power in the form that DFID requires within five Working Days (or such other period as DFID may specify) of DFID’s request; and 8.2.3 provide all necessary assistance as reasonably requested by DFID to enable DFID to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID 13.2.2 A FOIA Authority in receipt of or to receive the RFI (Relevant FOIA Authority) shall be responsible for determining in its absolute discretion and notwithstanding whether: (a) any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure Exempted Information or remains Exempted Information; and/or and in accordance with the provisions of the FOIA, the Environmental Information Regulations and associated codes of practice. 8.4 In no event shall any Party, other than the Supplier Relevant FOIA Authority, respond directly to a Request for Information RFI except to confirm receipt of the RFI and that the RFI has been passed to the Relevant FOIA Authority unless otherwise expressly authorised to do so by DFIDthe Relevant FOIA Authority. 8.5 The Supplier acknowledges that (notwithstanding 13.2.3 Subject to the provisions of Clause 8) DFID maythis clause 13, acting in accordance with each Party acknowledges that the Department of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Relevant FOIA Authority may disclose Information Xxx 0000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Services: 8.5.1 in certain circumstances without consulting the Supplier; or 8.5.2 following consultation with the Contractor other Parties and having taken their (or not taken, as the case may be) its views into account; provided always . 13.2.4 In the event that where 8.5.1 applies DFID shallthe Relevant FOIA Authority receives a RFI, in accordance with any recommendations of the Code, take reasonable stepsRelevant FOIA Authority will, where appropriate, as soon as reasonably practicable notify the other Parties. 13.2.5 Each Party will assist and co-operate as requested by the Relevant FOIA Authority to give enable the Supplier advanced noticeRelevant FOIA Authority to comply with its disclosure requirements under FOIA and EIR within the prescribed periods for compliance and in particular without limitation will (and shall use reasonable endeavours to procure that its agents contractors and sub- contractors will), or failing that, to draw the disclosure at their own cost: (a) transfer any RFI received to the Supplier’s attention Relevant FOIA Authority as soon as practicable after receipt and in any event within five (5) Working Days of receiving a RFI; (b) provide all such disclosure.assistance as may be required from time to time by the Relevant FOIA Authority and supply such data, documents or information as may be requested by the Relevant FOIA Authority; 8.6 The Supplier shall ensure (c) provide the Relevant FOIA Authority with any data, documents or information in its possession or power in the form that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall the Relevant FOIA Authority requires within f ive (5) Working Days (or such other period as the Relevant FOIA Authority may specify) of the Relevant FOIA Authority requesting that Information; (d) permit DFID the Relevant FOIA Authority to inspect such any records as requested from time to time. 8.7 The Supplier shall13.2.6 Nothing in this Agreement will prevent the Relevant FOIA Authority f rom complying with any valid order, during this Contract and for a period of at least seven years following decision, enforcement or practice recommendation notice issued to it by the expiry or termination of this Contract, retain and maintain all Information Commissioner under FOIA and/or EIR in relation to any Exempted Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.

Freedom of Information. 8.1 10.1 The Supplier acknowledges that DFID the Customer is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations and associated codes of practice shall assist and cooperate with DFID the Customer to enable DFID the Customer to comply with its Information disclosure obligations. 8.2 10.2 The Supplier shall and shall ensure procure that its Sub-contractors Contractors shall: 8.2.1 (a) transfer to DFID the Customer all Requests for Information that it receives as soon as practicable and in any event within two five (5) Working Days of receiving a Request for Information; 8.2.2 (b) provide DFID the Customer with a copy of all Information in its possession, possession or power in the form that DFID the Customer requires within five (5) Working Days (or such other period as DFID the Customer may specify) of DFID’s the Customer ‘s request; and 8.2.3 (c) provide all necessary assistance as reasonably requested by DFID the Customer to enable DFID the Customer to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID 10.3 The Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental Information Regulations and associated codes of practiceRegulations. 8.4 10.4 In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by DFIDthe Customer. 8.5 10.5 The Supplier acknowledges that (notwithstanding the provisions of Clause 8) DFID this clause 10 the Customer may, acting in accordance with the Department of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 Act 2000 (“the Code”), be obliged under the FOIA, FOIA or the Environmental Information Regulations to disclose information concerning the Contractor Supplier or the Services: 8.5.1 (a) in certain circumstances without consulting the Supplier; or 8.5.2 (b) following consultation with the Contractor Supplier and having taken their views into account; , provided always that where 8.5.1 Clause 10.5(a) applies DFID the Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosure. 8.6 10.6 The Supplier shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID the Customer to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 10.7 The Supplier acknowledges that any the Commercially Sensitive Information noted within this contract is of indicative value only and that DFID the Customer may be obliged to disclose it in accordance with clause 8.510.510.5.

Freedom of Information. 8.1 The Supplier DBFM Co acknowledges that DFID the Authority is subject to the requirements of the FOIA, FOI(S)A and the Environmental Information (Scotland) Regulations and associated codes of practice shall assist and cooperate with DFID the Authority to enable DFID to comply facilitate the Authority's compliance with its Information disclosure obligations. 8.2 The Supplier shall and shall ensure that its Sub-contractors shall: 8.2.1 transfer requirements pursuant to DFID all Requests the same in the manner provided for in Clauses 62.2 to 62.8. Where the Authority receives a Request for Information in relation to Information that it receives DBFM Co is holding on its behalf and which the Authority does not hold itself the Authority shall refer to DBFM Co such Request for Information as soon as practicable and in any event within two Working five (5) Business Days of receiving a such Request for Information; 8.2.2 Information and DBFM Co shall: provide DFID the Authority with a copy of all such Information in its possession, or power in the form that DFID the Authority requires as soon as practicable and in any event within five Working (5) Business Days (or such other period as DFID the Authority acting reasonably may specify) of DFID’s the Authority's request; and 8.2.3 and provide all necessary assistance as reasonably requested by DFID the Authority in connection with any such Information, to enable DFID the Authority to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA FOI(S)A or regulation Regulation 5 of the Environmental Information (Scotland) Regulations. 8.3 DFID . Following notification under Clause 62.2, and up until such time as DBFM Co has provided the Authority with all the Information specified in Clause 62.2.1, DBFM Co may make representations to the Authority as to whether or not or on what basis Information requested should be disclosed, and whether further information should reasonably be provided in order to identify and locate the information requested, provided always that the Authority shall be responsible for determining in at its absolute discretion and notwithstanding any other provision in this Contract or any other agreement discretion: whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with under the provisions of the FOIA, FOI(S)A and the Environmental Information Regulations (Scotland) Regulations; whether Information is to be disclosed in response to a Request for Information, and associated codes of practice. 8.4 In in no event shall the Supplier DBFM Co respond directly directly, or allow its Sub-Contractors to respond directly, to a Request for Information unless expressly authorised to do so by DFID. 8.5 The Supplier the Authority. DBFM Co shall ensure that all Information held on behalf of the Authority is retained for disclosure for at least the number of years (from the date it is acquired) [specified in the Authority Policy relating to records retention] and shall permit the Authority to inspect such Information as requested from time to time. Following the expiry of such [ l ] period, DBFM Co shall be entitled to dispose of such records in circumstances in which DBFM Co has notified the Authority of such proposed disposal and the Authority has not requested within [twenty (20)] Business Days of such notification that such Information be handed over to the Authority. DBFM Co shall transfer to the Authority any Request for Information received by DBFM Co as soon as practicable and in any event within two (2) Business Days of receiving it. DBFM Co acknowledges that any lists provided by it listing or outlining Confidential Information are of indicative value only and that the Authority may nevertheless be obliged to disclose Confidential Information in accordance with the requirements of FOI(S)A and the Environmental Information (Scotland) Regulations. In the event of a request from the Authority pursuant to Clause 62.2 DBFM Co shall as soon as practicable, and in any event within five (5) Business Days of receipt of such request, inform the Authority of DBFM Co's estimated costs of complying with the request to the extent these would be recoverable, if incurred by the Authority, under section 13(1) of the FOI(S)A and the Fees Regulations. Where such costs (either on their own or in conjunction with the Authority's own such costs in respect of such Request for Information) will exceed the appropriate limit referred to in section 12(1) of the FOI(S)A and as set out in the Fees Regulations (the "Appropriate Limit") the Authority shall inform DBFM Co in writing whether or not it still requires DBFM Co to comply with the request and where it does require DBFM Co to comply with the request the ten (10) Business Days period for compliance shall be extended by such number of additional days for compliance as the Authority is entitled to under section 10 of the FOI(S)A. In such case, the Authority shall notify DBFM Co of such additional days as soon as practicable after becoming aware of them and shall reimburse DBFM Co for such costs as DBFM Co incurs in complying with the request to the extent it is itself entitled to reimbursement of such costs in accordance with its own FOI(S)A policy from time to time. DBFM Co acknowledges that (notwithstanding the provisions of Clause 8) DFID 61 (Confidentiality)) the Authority may, acting in accordance with the Department of Constitutional Affairs’ Scottish Ministers Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 6 of the Freedom of Information Xxx 0000 (“Scotland) Act 2002 (the "Code”"), and/or having full regard to any guidance or briefings issued by the Scottish Information Commissioner or the Scottish Ministers, be obliged under the FOIAFOI(S)A, or the Environmental Information (Scotland) Regulations to disclose information Information concerning the Contractor DBFM Co or the Services: 8.5.1 Project: in certain circumstances without consulting the Supplierwith DBFM Co; or 8.5.2 or following consultation with the Contractor DBFM Co and having taken their views into account; , provided always that where 8.5.1 Clause 62.8.1 above applies DFID the Authority shall, in accordance with any the recommendations of the Code, take draw this to the attention of DBFM Co prior to any disclosure. In the event that DBFM Co is or becomes subject to Environmental Information (Scotland) Regulations or FOI(S)A it shall comply with its obligations under Environmental Information (Scotland) Regulations and FOI(S)A. In doing so, it will use reasonable stepsendeavours to consult the Authority before disclosing Information about them or any agreement entered into between the Authority and DBFM Co. DBFM Co shall provide to the Authority's Representative all information, where appropriatedocuments, to give records and the Supplier advanced noticelike in the possession of, or failing thatavailable to, DBFM Co (and to draw the disclosure this end DBFM Co shall use all reasonable endeavours to the Supplier’s attention after any such disclosure. 8.6 The Supplier shall ensure procure that all Information is retained such items in the possession of the Contractor or any Service Providers shall be available to it and DBFM Co has included, or shall include, relevant terms in all contracts with the Contractor or any Service Providers to this effect) as may be reasonably requested by the Authority's Representative for disclosure any purpose in accordance connection with clauses 8.7 this Agreement. For the purpose of: the examination and 8.8 certification of the Authority's accounts; or any examination pursuant to section 23 of the Public Finance and Accountability (Scotland) Act 2000 of the economy, efficiency and effectiveness with which the Authority has used its resources, the Auditor General for Scotland may examine such documents as he may reasonably require which are owned, held or otherwise within the control of DBFM Co (and DBFM Co shall procure that any person acting on its behalf who has such documents and/or other information shall also provide access) and may require DBFM Co to produce such oral or written explanations as he considers necessary. DBFM Co shall provide and shall permit DFID to inspect procure that its Sub-Contractors shall provide such records information as requested the Authority may reasonably require from time to timetime to enable it to meet its obligations to provide reports and returns pursuant to regulations, directions or guidance applicable to the Authority including, without limitation, reports and returns regarding the physical condition of buildings occupied by the Authority, health and safety, under the firecode, relating to environmental health and to comply with [requirements for the provision of information relating to achievement of customer service targets]. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.

Freedom of Information. 8.1 The Supplier hubco acknowledges that DFID the Authority is subject to the requirements of the FOIA, FOI(S)A and the Environmental Information (Scotland) Regulations and associated codes of practice shall assist and cooperate co-operate with DFID the Authority to enable DFID to comply facilitate the Authority's compliance with its Information disclosure obligations. 8.2 The Supplier shall and shall ensure that its Sub-contractors shall: 8.2.1 transfer requirements pursuant to DFID all Requests the same in the manner provided for in Clauses 47.2 to 47.8. Where the Authority receives a Request for Information in relation to Information that it receives hubco is holding on its behalf70 and which the Authority does not hold itself the Authority shall refer to hubco such Request for Information as soon as practicable and in any event within two Working five (5) Business Days of receiving a such Request for Information; 8.2.2 Information and hubco shall:- provide DFID the Authority with a copy of all such Information in its possession, or power in the form that DFID the Authority requires as soon as practicable and in any event within five Working (5) Business Days (or such other period as DFID the Authority acting reasonably may specify) of DFID’s the Authority's request; and 8.2.3 and provide all necessary assistance as reasonably requested by DFID the Authority in connection with any such Information, to enable DFID the Authority to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA FOI(S)A or regulation Regulation 5 of the Environmental Information (Scotland) Regulations. 8.3 DFID . Following notification under Clause 47.2, and up until such time as hubco has provided the Authority with all the Information specified in Clause 47.2.1 hubco may make representations to the Authority as to whether or not or on what basis Information requested should be disclosed, and whether further information should reasonably be provided in order to identify and locate the information requested, provided always that the Authority shall be responsible for determining in at its absolute discretion and notwithstanding any other provision in this Contract or any other agreement discretion:- whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with under the provisions of the FOIA, FOI(S)A and the Environmental Information Regulations (Scotland) Regulations; whether Information is to be disclosed in response to a Request for Information, and associated codes of practice. 8.4 In in no event shall the Supplier hubco respond directly directly, or allow its Sub‑Contractors to respond directly, to a Request for Information unless expressly authorised to do so by DFID. 8.5 The Supplier the Authority. hubco shall ensure that all Information held on behalf of the Authority is retained for disclosure for at least the number of years (from the date it is acquired) [specified in the Authority Policy relating to records retention71] and shall permit the Authority to inspect such Information as requested from time to time. Following the expiry of such [ l ] period, hubco shall be entitled to dispose of such records in circumstances in which xxxxx has notified the Authority of such proposed disposal and the Authority has not requested within [twenty (20)] Business Days of such notification that such Information be handed over to the Authority. hubco shall transfer to the Authority any Request for Information received by xxxxx as soon as practicable and in any event within two (2) Business Days of receiving it. hubco acknowledges that any lists provided by it listing or outlining Confidential Information are of indicative value only and that the Authority may nevertheless be obliged to disclose Confidential Information in accordance with the requirements of FOI(S)A and the Environmental (Scotland) Regulations. In the event of a request from the Authority pursuant to Clause 47.2, hubco shall as soon as practicable, and in any event within five (5) Business Days of receipt of such request, inform the Authority of xxxxx's estimated costs of complying with the request to the extent these would be recoverable, if incurred by the Authority, under Section 13(1) of the FOI(S)A and the Fees Regulations. Where such costs (either on their own or in conjunction with the Authority's own such costs in respect of such Request for Information) will exceed the appropriate limit referred to in Section 12(1) of the FOI(S)A and as set out in the Fees Regulations (the "Appropriate Limit") the Authority shall inform hubco in writing whether or not it still requires hubco to comply with the request and where it does require hubco to comply with the request the ten (10) Business Days period for compliance shall be extended by such number of additional days for compliance as the Authority is entitled to under Section 10 of the FOI(S)A. In such case, the Authority shall notify hubco of such additional days as soon as practicable after becoming aware of them and shall reimburse hubco for such costs as hubco incurs in complying with the request to the extent it is itself entitled to reimbursement of such costs in accordance with its own FOI(S)A policy from time to time.72 hubco acknowledges that (notwithstanding the provisions of Clause 8) DFID 46. (Confidentiality)) the Authority may, acting in accordance with the Department of Constitutional Affairs’ Scottish Ministers Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 6 of the Freedom of Information Xxx 0000 (“Scotland) Act 2002 (the "Code”"), and/or having full regard to any guidance or briefings issued by the Scottish Information Commissioner or the Scottish Ministers, be obliged under the FOIAFOI(S)A, or the Environmental Information (Scotland) Regulations to disclose information Information concerning the Contractor hubco or the Services: 8.5.1 Project:- in certain circumstances without consulting the Supplierwith xxxxx; or 8.5.2 or following consultation with the Contractor xxxxx and having taken their views into account; , provided always that where 8.5.1 Clause 47.8.1 above applies DFID the Authority shall, in accordance with any the recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure this to the Supplier’s attention after of hubco prior to any such disclosure. In the event that hubco is or becomes subject to Environmental Information (Scotland) Regulations or FOI(S)A it shall comply with its obligations under Environmental Information (Scotland) Regulations and FOI(S)A. In doing so, it will use reasonable endeavours to consult the Authority before disclosing Information about them or any agreement entered into between the Authority and hubco. 8.6 The Supplier shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.

Freedom of Information. 8.1 The Supplier acknowledges that DFID the Authority is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations and associated codes of practice shall assist and cooperate co-operate with DFID the Authority to enable DFID the Authority to comply with its Information disclosure obligations. 8.2 . The Supplier shall and shall ensure procure that its Sub-contractors Contractors shall: 8.2.1 : transfer to DFID the Authority all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 8.2.2 ; provide DFID the Authority with a copy of all Information Information, relevant to a Request for Information, in its possessioncontrol, possession or power power, in the form that DFID requires the Authority requests within five (5) Working Days (or such other period as DFID the Authority may specify) of DFID’s the Authority's request; and 8.2.3 and provide all necessary assistance as reasonably requested by DFID the Authority to enable DFID the Authority to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID . The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract Framework Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental Information Regulations and associated codes of practice. 8.4 Regulations. In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by DFID. 8.5 the Authority. The Supplier acknowledges that (notwithstanding the provisions of Clause 8) DFID Authority may, acting in accordance with the Department Ministry of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Justice Code”), be obliged under the FOIA, FOIA or the Environmental Information Regulations to disclose information concerning the Contractor Supplier or the Goods and/or Services: 8.5.1 : in certain circumstances without consulting the Supplier; or 8.5.2 or following consultation with the Contractor Supplier and having taken their the Supplier’s views into account; , provided always that where 8.5.1 Clause 20.5.1 applies DFID the Authority shall, in accordance with any recommendations of the Ministry of Justice Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s 's attention after any such disclosure. 8.6 . The Supplier shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 Clause 15 (Records and 8.8 Audit Access) and shall permit DFID the Authority to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 . The Supplier acknowledges that any the description of information as Commercially Sensitive Information noted within this contract in Framework Schedule 12 (Commercially Sensitive Information) is of an indicative value nature only and that DFID the Authority may be obliged to disclose it in accordance with clause 8.5Clause 20.5.

Freedom of Information. 8.1 9.1 The Supplier SDR Manager acknowledges that DFID SWIG Capital is subject to the requirements of the Freedom of Information Xxx 0000 and any subordinate legislation made under the Act from time to time, together with any guidance and/or codes of practice issued by the Information Commissioner or relevant government department in relation to such legislation ("the FOIA, ") and the Environmental Information Regulations and associated 2004 together with any guidance and/or codes of practice issued by the Information Commissioner or relevant government department in relation to such regulations ("EIR"). 9.2 The SDR Manager acknowledges that SWIG Capital shall assist and cooperate be responsible for determining in its absolute discretion whether: 9.2.1 to disclose any information which it has obtained under or in connection with DFID this Agreement to enable DFID the extent that SWIG Capital is required to disclose such information to a person making a disclosure request under the FOIA or the EIR ("an RFI") 9.2.2 any information is exempt from disclosure under the FOIA or the EIR. 9.3 The SDR Manager acknowledges that SWIG Capital may, acting in accordance with the Ministry of Justice Code of Practice on the Discharge of Functions of Public Authorities under Section 45 of the FOIA ("the MoJ Code"), be obliged under the MoJ Code, the FOIA or the EIR to disclose information subject to an RFI: 9.3.1 following consultation with the SDR Manager carried out in accordance with the MoJ Code; 9.3.2 without consulting with the SDR Manager where this is not required by the MoJ Code. 9.4 Where the SDR Manager is consulted in accordance with clause 9.3.1 then the SDR Manager shall respond with any views within five (5) working days. 9.5 In no event shall the SDR Manager respond directly to an RFI unless expressly authorised to do so by SWIG Capital. 9.6 The SDR Manager shall provide all necessary assistance as reasonably required by SWIG Capital to comply with its Information obligations under the FOIA and EIRs including without limitation to respond to an RFI by providing such information and access to documents and records as SWIG Capital reasonably requires in order to answer a disclosure obligationsrequest within the time for compliance set out in Section 10 of the FIOA. 8.2 9.7 The Supplier SDR Manager shall and shall ensure that its Sub-contractors shall: 8.2.1 transfer to DFID SWIG Capital all Requests for Information RFIs relating to this Agreement that it receives as soon as practicable and in any event within two Working Days 2 days of receiving a Request for Information; 8.2.2 provide DFID with a copy of all Information in its possession, or power in the form that DFID requires within five Working Days (or such other period as DFID may specify) of DFID’s request; and 8.2.3 provide all necessary assistance as reasonably requested by DFID to enable DFID to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulationsreceipt. 8.3 DFID shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the 9.8 The provisions of this clause 9 shall apply during the FOIA, the Environmental Information Regulations continuance of this Agreement and associated codes of practice. 8.4 In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by DFID. 8.5 The Supplier acknowledges that (notwithstanding the provisions of Clause 8) DFID may, acting in accordance with the Department of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Services: 8.5.1 in certain circumstances without consulting the Supplier; or 8.5.2 following consultation with the Contractor and having taken their views into account; provided always that where 8.5.1 applies DFID shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention indefinitely after any such disclosure. 8.6 The Supplier shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the its expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expensetermination. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.

Freedom of Information. 8.1 21.1 The Supplier Contractor acknowledges that DFID YPO is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations and associated codes of practice shall assist and cooperate with DFID YPO to enable DFID YPO to comply with its Information information disclosure obligations. 8.2 21.2 The Supplier Contractor shall and shall ensure procure that its Sub-contractors shall: 8.2.1 (a) transfer to DFID YPO all Requests for Information that it receives as soon as practicable and in any event within two Working Days of receiving a Request for Information; 8.2.2 (b) provide DFID YPO with a copy of all Information in its possession, or power in the form that DFID YPO requires within five Working Days (or such other period as DFID YPO may specify) of DFIDYPO’s request; and 8.2.3 (c) provide all necessary assistance as reasonably requested by DFID YPO to enable DFID YPO to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID 21.3 YPO shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental Information Regulations and associated codes of practiceRegulations. 8.4 21.4 In no event shall the Supplier Provider respond directly to a Request for Information unless expressly authorised to do so by DFIDYPO. 8.5 21.5 The Supplier Contractor acknowledges that (notwithstanding the provisions of Clause 8) DFID 21.2) the Customer may, acting in accordance with the Department Secretary of State for Constitutional Affairs’ Affairs Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Services: 8.5.1 (a) in certain circumstances without consulting the SupplierContractor; or 8.5.2 (b) following consultation with the Contractor and having taken their views into account; ; (c) provided always that where 8.5.1 21.2 applies DFID YPO shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier Contractor advanced notice, or failing that, to draw the disclosure to the SupplierContractor’s attention after any such disclosure. 8.6 The Supplier shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.

Freedom of Information. 8.1 44.1 The Supplier Contractor acknowledges that DFID the Authority is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations and associated codes of practice shall assist and cooperate with DFID the Authority to enable DFID the Authority to comply with its Information disclosure obligations. 8.2 44.2 The Supplier Contractor shall and shall ensure procure that its Subany sub-contractors shall: 8.2.1 shall transfer to DFID the Authority all Requests for Information that it receives as soon as practicable and in any event within two [two] Working Days of receiving a Request for Information; 8.2.2 (a) provide DFID the Authority with a copy of all Information in its possession, or power in the form that DFID the Authority requires within five [five] Working Days (or such other period as DFID the Authority may specify) of DFID’s the Authority's request; and 8.2.3 (b) provide all necessary assistance as reasonably requested by DFID the Authority to enable DFID the Authority to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation Regulation 5 of the Environmental Information Regulations. 8.3 DFID 44.3 The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental Information Regulations and associated codes of practice.Regulations 8.4 44.4 In no event shall the Supplier Contractor respond directly to a Request for Information unless expressly authorised to do so by DFIDthe Authority. 8.5 44.5 The Supplier Contractor acknowledges that (notwithstanding the provisions of Clause 8) DFID 44 the Authority may, acting in accordance with the Department Secretary of State for Constitutional Affairs’ Affairs Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Services: 8.5.1 Services in certain circumstances circumstances: without consulting the SupplierContractor; or 8.5.2 or following consultation with the Contractor and having taken their views into account; provided always that where 8.5.1 44 applies DFID the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier Contractor advanced notice, or failing that, to draw the disclosure to the SupplierContractor’s attention after any such disclosure. 8.6 44.6 The Supplier Contractor shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID the Authority to inspect such records as requested from time to time. 8.7 44.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier Contractor acknowledges that any the Commercially Sensitive Information noted within this contract listed in the Commercially Sensitive Information Schedule is of indicative value only and that DFID may the Authority May be obliged to disclose it in accordance with clause 8.5this clause.

Freedom of Information. 8.1 The Supplier acknowledges that DFID the Authority is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations EIRs. The Supplier shall: provide all necessary assistance and associated codes of practice shall assist and cooperate with DFID cooperation as reasonably requested by the Authority to enable DFID the Authority to comply with its Information disclosure obligations. 8.2 The Supplier shall obligations under the FOIA and shall ensure that its Sub-contractors shall: 8.2.1 EIRs; transfer to DFID the Authority all Requests for Information relating to this agreement that it receives as soon as practicable and in any event within two 2 Working Days of receiving a Request for Information; 8.2.2 receipt; provide DFID the Authority with a copy of all Information belonging to the Authority requested in the Request For Information which is in its possession, possession or power control in the form that DFID the Authority requires within five 5 Working Days (or such other period as DFID the Authority may reasonably specify) of DFID’s requestthe Authority's request for such Information; and 8.2.3 provide all necessary assistance as reasonably requested and not respond directly to a Request For Information unless authorised in writing to do so by DFID the Authority. The Supplier acknowledges that the Authority may be required under the FOIA and EIRs to enable DFID disclose Information (including Commercially Sensitive Information) without consulting or obtaining consent from the Supplier. The Authority shall take reasonable steps to respond notify the Supplier of a Request For Information (in accordance with the Cabinet Office's Freedom of Information Code of Practice issued under section 45 of the FOIA) to the Request extent that it is permissible and reasonably practical for Information within it to do so but (notwithstanding any other provision in this agreement) the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID Authority shall be responsible for determining in its absolute discretion and notwithstanding whether any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information information is exempt from disclosure in accordance with the FOIA and/or the EIRs. Notwithstanding any other term of this agreement, the Supplier consents 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 the FOIAFOIA and EIRs. The Authority shall, the Environmental Information Regulations and associated codes of practice. 8.4 In no event shall prior to publication, consult with the Supplier respond directly to a Request for Information unless expressly authorised to do so by DFID. 8.5 The Supplier acknowledges that (notwithstanding the provisions of Clause 8) DFID may, acting in accordance with the Department of Constitutional Affairs’ Code of Practice on the Discharge manner and format of publication and to inform its decision regarding any redactions but shall have the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Services: 8.5.1 final decisions in certain circumstances without consulting the Supplier; or 8.5.2 following consultation with the Contractor and having taken their views into account; provided always that where 8.5.1 applies DFID shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosure. 8.6 its absolute discretion. The Supplier shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 assist and 8.8 and shall permit DFID to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance co-operate with the requirements Authority to enable the Authority to publish this agreement. [The parties agree that the provision of these Services does not require the Public Records Office Processing (as defined by the Data Protection Legislation) of any Personal Data OR The Services involve the Processing of Personal Data and the provisions set out in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.Schedule 4 apply. ]

Freedom of Information. 8.1 The Supplier LEP acknowledges that DFID the Local Authority is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations and associated codes of practice shall assist and cooperate with DFID to enable DFID to comply facilitate the Local Authority’s compliance with its Information disclosure obligations. 8.2 The Supplier requirements pursuant to the same in the manner provided for in clauses 17.6(g) to 17.6(n) (inclusive) below. For the purpose of clauses 17.6(g) to 17.6(n) (inclusive) only Information has the meaning given under Section 84 of the FOIA. Where the Local Authority receives a Request for Information in relation to Information that the LEP is holding on its behalf the Local Authority shall and shall ensure that its Sub-contractors shall: 8.2.1 transfer to DFID all Requests the LEP such Request for Information that it receives as soon as practicable and in any event within two Working [five] [(5)]Business Days of receiving a Request for Information; 8.2.2 Information and the LEP shall: provide DFID the Local Authority with a copy of all such Information in its possession, or power in the form that DFID the Local Authority requires as soon as reasonably possible and in any event within five Working [ten] Business Days (or such other period as DFID the Local Authority acting reasonably may specify) of DFIDthe Local Authority’s request; and 8.2.3 and provide all necessary assistance as reasonably requested by DFID the Local Authority in connection with any such Information, to enable DFID the Local Authority to respond to the a Request for Information within the time for compliance set out in section 10 of the FOIA or regulation Regulation 5 of the Environmental Information Regulations. 8.3 DFID . Following notification under sub-clause (h) and up until such time as the LEP has provided the Local Authority with all the Information specified in sub-clause (h)(ii), the LEP may make representations to the Local Authority as to whether or not or on what basis Information requested should be disclosed, and whether further information should reasonably be provided in order to identify and locate the Information requested, provided always that the Local Authority shall be responsible for determining in at its absolute discretion and notwithstanding any other provision in this Contract or any other agreement discretion: whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with under the provisions of the FOIA, FOIA and the Environmental Information Regulations Regulations; whether the Information is to be disclosed in response to a Request for Information, the application of the Local Authority’s policy on the disclosure of information as may be in force from time to time and associated codes of practice. 8.4 In in no event shall the Supplier LEP respond directly or allow its sub-contractors to reply directly to a Request for Information unless expressly authorised to do so by DFID. 8.5 the Local Authority. The Supplier LEP shall ensure that all Information held on behalf of the Local Authority is retained for disclosure for at least [ [six] [(6)]years from the date it is acquired and shall permit the Local Authority to inspect such Information as requested from time to time. The LEP shall transfer to the Local Authority any Request for Information received by the LEP as soon as practicable and in any event within two (2) Business Days of receiving it. The LEP acknowledges that any lists provided by it listing or outlining Confidential Information, are of indicative value only and that the Local Authority may nevertheless be obliged to disclose Confidential Information in accordance with clause 17.6(j) above. In the event of a request from the Local Authority pursuant to sub-clause (h), the LEP shall as soon as practicable, and in any event within [five] [5] Business Days of receipt of such request, inform the Local Authority of the LEP's estimated costs of complying with the request to the extent these would be recoverable if incurred by the Local Authority under section 12(1) of the FOIA and the Fees Regulations. Where such costs (either on their own or in conjunction with the Local Authority’s own such costs in respect of such Request for Information) will exceed the appropriate limit referred to in Section 12(1) of the FOIA and as set out in the Fees Regulations (SI 2004/3244)the Local Authority shall inform the LEP in writing whether or not it still requires the LEP to comply with the request and where it does require the LEP to comply with the request the 10 Business Days period for compliance shall be extended by such number of additional days for compliance as the Local Authority is entitled to under Section 10 of the FOIA. In such case, the Local Authority shall notify the LEP of such additional days as soon as practicable after becoming aware of them and shall reimburse the LEP for such costs as the LEP incurs in complying with the request to the extent the Local Authority is itself entitled to reimbursement of such costs in accordance with its own FOIA policy from time to time. The LEP acknowledges that (notwithstanding the provisions of Clause 8) DFID clause 17.6) the Local Authority may, acting in accordance with the Department of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 I of the Freedom of Information Xxx 0000 Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information Information concerning the Contractor LEP or the Services: 8.5.1 : in certain circumstances without consulting with the SupplierLEP; or 8.5.2 or following consultation with the Contractor LEP and having taken their views into account; , provided always that where 8.5.1 applies DFID sub-clause (n)(i) applies, the Local Authority shall, in accordance with any the recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure this to the Supplier’s attention after of the LEP prior to any such disclosure. 8.6 The Supplier shall ensure that all Information is retained for disclosure . Order of precedence of documents41 As between the Local Authority and the LEP, in accordance with clauses 8.7 and 8.8 and shall permit DFID to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period the event of at least seven years following any conflict or ambiguity between the expiry or termination terms of this Contract, retain Agreement (other than clause 2) and maintain all Information: 8.7.1 in accordance with the requirements provisions of the Public Records Office and in accordance with Shareholders Agreement then the exercise relevant provisions of the degree of care that would be expected from a leading company within Shareholders Agreement shall take precedence over the relevant industry provisions of this Agreement. Subject to complying with applicable Law, additional public bodies or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information other persons may become parties to this Agreement on such terms as the Local Authority and the LEP shall be retained and maintained in hard copy form. 8.9 jointly agree. The Supplier acknowledges Local Authority shall procure that any Commercially Sensitive Information noted within new party shall execute a deed of accession in substantially the form of the draft set out at Schedule 8 with such deed to also give effect to any changes to this contract is of indicative value only Agreement agreed between the parties and that DFID may be obliged to disclose it in accordance with clause 8.5the incoming party.

Freedom of Information. 8.1 The Supplier acknowledges that DFID is subject to the requirements of the FOIA, the Environmental Information Regulations and associated codes of practice shall assist and cooperate with DFID to enable DFID to comply with its Information disclosure obligations. 8.2 The Supplier shall and shall ensure that its Sub-contractors shall: 8.2.1 transfer to DFID all Requests for Information that it receives as soon as practicable and in any event within two Working Days of receiving a Request for Information; 8.2.2 provide DFID with a copy of all Information in its possession, or power in the form that DFID requires within five Working Days (or such other period as DFID may specify) of DFID’s request; and 8.2.3 provide all necessary assistance as reasonably requested by DFID to enable DFID to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, the Environmental Information Regulations and associated codes of practice. 8.4 In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by DFID. 8.5 The Supplier acknowledges that (notwithstanding the provisions of Clause 8) DFID may, acting in accordance with the Department of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Services: 8.5.1 in certain circumstances without consulting the Supplier; or 8.5.2 following consultation with the Contractor and having taken their views into account; provided always that where 8.5.1 applies DFID shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosure. 8.6 The Supplier shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.and

Freedom of Information. 8.1 The Supplier Solicitor acknowledges that DFID the Client is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations and associated codes of practice shall assist and cooperate with DFID the Client to enable DFID the Client to comply with its Information disclosure obligations. 8.2 . The Supplier Solicitor shall and shall ensure procure that its Sub-contractors Contractors shall: 8.2.1 : transfer to DFID the Client all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 8.2.2 ; provide DFID the Client with a copy of all Information relating to a Request for Information in its possession, or power control in the form that DFID the Client requires within five (5) Working Days (or such other period as DFID the Client may specify) of DFID’s the Client's request; and 8.2.3 and provide all necessary assistance as reasonably requested by DFID the Client to enable DFID the Client to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID . The Client shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this the Contract or any other agreement contract whether the Commercially Sensitive Information and/or any other Information including Solicitor’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental Information Regulations and associated codes of practice. 8.4 Regulations. In no event shall the Supplier Solicitor respond directly to a Request for Information unless expressly authorised in writing to do so by DFID. 8.5 the Client. The Supplier Solicitor acknowledges that (notwithstanding the provisions of Clause 8) DFID 6.2) the Client may, acting in accordance with the Department Ministry of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”)Justice Codes, be obliged under the FOIA, FOIA or the Environmental Information Regulations to disclose information concerning the Contractor Solicitor or the Contract Services: 8.5.1 : in certain circumstances without consulting the SupplierSolicitor; or 8.5.2 or following consultation with the Contractor Solicitor and having taken their the Solicitor’s views into account; , provided always that where 8.5.1 Clause 6.4.6 applies DFID the Client shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced Solicitor advance notice, or failing that, to draw the disclosure to the Supplier’s Solicitor's attention after any such disclosure. 8.6 . The Supplier Solicitor shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 the provisions of the Contract and 8.8 in any event in accordance with the requirements of Good Industry Practice and shall permit DFID the Client on reasonable notice to inspect such records as requested from time to time. 8.7 . The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier Solicitor acknowledges that any the Commercially Sensitive Information noted within this contract is of an indicative value nature only and that DFID the Client may be obliged to disclose it in accordance with clause 8.5Clause 6.4.5.

Freedom of Information. 8.1 7.1 The Supplier acknowledges that DFID DHSC is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations EIRs. The Supplier shall: 7.1.1 provide all necessary assistance and associated codes of practice shall assist and cooperate with DFID cooperation as reasonably requested by DHSC to enable DFID DHSC to comply with its Information disclosure obligations.obligations under the FOIA and EIRs; 8.2 The Supplier shall and shall ensure that its Sub-contractors shall: 8.2.1 7.1.2 transfer to DFID DHSC all Requests for Information relating to this Minimum Viable Product Commercial Agreement that it receives as soon as practicable and in any event within two 2 Working Days of receiving a Request for Informationreceipt; 8.2.2 7.1.3 provide DFID DHSC with a copy of all Information held on behalf of DHSC which is requested in a Request for Information and which is in its possession, possession or power control in the form that DFID DHSC requires within five 5 Working Days (or such other period as DFID DHSC may reasonably specify) of DFID’s requestDHSC's request for such Information; and 8.2.3 provide all necessary assistance as reasonably requested by DFID to enable DFID to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, the Environmental Information Regulations and associated codes of practice. 8.4 In no event shall the Supplier 7.1.4 not respond directly to a Request for Information addressed to DHSC unless expressly authorised in writing to do so by DFIDDHSC. 8.5 7.2 The Supplier acknowledges that DHSC may be required under the FOIA and EIRs to disclose Confidential Information (notwithstanding including commercially sensitive information) without consulting or obtaining consent from the provisions Supplier. DHSC shall take reasonable steps to notify the Supplier of Clause 8) DFID may, acting a Request for Information (in accordance with the Department Secretary of Constitutional Affairs’ State's section 45 Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Services: 8.5.1 in certain circumstances without consulting the Supplier; or 8.5.2 following consultation with the Contractor and having taken their views into account; provided always that where 8.5.1 applies DFID shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure ) to the Supplier’s attention after extent that it is permissible and reasonably practical for it to do so but (notwithstanding any such disclosure. 8.6 The Supplier other provision in this Minimum Viable Product Commercial Agreement) DHSC shall ensure that all Information be responsible for determining in its absolute discretion whether any commercially sensitive information and/or any other information is retained for exempt from disclosure in accordance with clauses 8.7 the FOIA and 8.8 and shall permit DFID to inspect such records as requested from time to timeEIRs. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office 7.3 DHSC will use its reasonable efforts to ensure that Confidential Information (and in accordance with particular Confidential Information comprising commercially sensitive information of Supplier) is only disclosed to the exercise of extent absolutely required by the degree of care that would be expected FOIA and EIRs and will in good faith (to the full extent permitted by law) consider all potential grounds for the information being exempt from a leading company within disclosure prior to making the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expensedeterminations described herein. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.

Freedom of Information. 8.1 The Supplier acknowledges that DFID is Materials associated with the Agreement and information provided by Contractor in the course of providing Services, except for State Employee vaccination status, COVID-19 test results or any exemption from mandated vaccination collectively referred to herein as “Personal Health Information or ("PHI"), may be subject to disclosure under the requirements Connecticut Freedom of Information Act ("FOIA") and all corresponding rules, regulations and interpretations. A. Within 30 days of the execution of this document Contractor shall notify the State in writing of any Agreement provision(s) that it claims may be exempt from public disclosure under the FOIA as containing trade secrets, proprietary or confidential information. In making a request for protection of materials contained in the Agreement the Contractor must specifically identify those particular sentences, paragraphs, pages, or sections of the Agreement that the Contractor believes are exempt from disclosure under the FOIA and provide an explanation and rationale sufficient to justify each exemption claimed under FOIA, . The rationale and explanation should be stated in terms of the Environmental prospective harm to the competitive position of Contractor that would result if the material identified were to be released and reasons why the materials are legally exempt from release pursuant to the FOIA. Contractor shall provide the State with a redacted version of the Agreement from which all Confidential Information Regulations and associated codes of practice shall assist and cooperate with DFID to enable DFID to comply with its Information disclosure obligationshas been redacted. 8.2 The Supplier shall and shall ensure B. If the Contractor indicates that its Sub-contractors shall: 8.2.1 transfer to DFID all Requests for Information that certain documentation it receives as soon as practicable and in any event within two Working Days of receiving a Request for Information; 8.2.2 provide DFID with a copy of all Information in its possession, or power in the form that DFID requires within five Working Days (or such other period as DFID may specify) of DFID’s request; and 8.2.3 provide all necessary assistance as reasonably requested by DFID to enable DFID to respond provides to the Request for Information within the time for compliance set out State in section 10 performance of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information Services is exempt from disclosure in accordance with by specifically and clearly making said documentation as CONFIDENTIAL, the provisions State shall endeavor to keep said information confidential to the extent permitted by law. the State, however, has no obligation to initiate, prosecute or defend any legal proceeding or to seek a protective order or other similar relief to prevent disclosure of any information that is sought pursuant to the FOIA. The State agrees to notify the Contractor of any FOIA request that is received with respect to this Agreement to give Contractor a reasonable time to respond and/or seek a protective order or other similar relief to prevent disclosure. In any proceeding where it is an issue the Contractor shall have the burden of establishing the availability of any FOIA exemption that it contends would prohibit disclosure. C. In the event the State is served with any subpoena or court order demanding the release of this Agreement or disclosure of data or information in its possession that has been identified by Contractor as proprietary or confidential, the Environmental Information Regulations and associated codes State agrees to notify Contractor upon receipt of practicesuch request to allow Contractor an opportunity to seek injunctive relief to prevent the release of such data or information. 8.4 D. In no event shall the Supplier respond directly State or the State have any liability for the disclosure of any documents in its possession, which the State or the State believes are required to a Request for Information unless expressly authorised be disclosed pursuant to do so by DFID. 8.5 The Supplier acknowledges the FOIA or other requirements of law. To the extent that (notwithstanding the provisions of Clause 8) DFID may, acting in accordance with the Department of Constitutional Affairs’ Code of Practice on the Discharge any other provision or part of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”)Agreement conflicts with or is in any way inconsistent with this section, be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Services: 8.5.1 in certain circumstances without consulting the Supplier; or 8.5.2 following consultation with the Contractor and having taken their views into account; provided always that where 8.5.1 applies DFID shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosure. 8.6 The Supplier shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 this section controls and shall permit DFID to inspect such records as requested from time to timeapply. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.

Freedom of Information. 8.1 The Supplier acknowledges that DFID is subject to the requirements of the FOIA, the Environmental Information Regulations and associated codes of practice and shall assist and cooperate with DFID to enable DFID to comply with its Information disclosure obligations. 8.2 The Supplier shall and shall ensure that its Sub-contractors shall: 8.2.1 transfer to DFID all Requests for Information that it receives as soon as practicable and in any event within two Working Days of receiving a Request for Information; 8.2.2 provide DFID with a copy of all Information in its possession, or power in the form that DFID requires within five Working Days (or such other period as DFID may specify) of DFID’s request; and 8.2.3 provide all necessary assistance as reasonably requested by DFID to enable DFID to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Agreement and/or any Calldown Contract or any other agreement Agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, the Environmental Information Regulations and associated codes of practice. 8.4 In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by DFID. 8.5 The Supplier acknowledges that (notwithstanding the provisions of Clause 8) DFID may, acting in accordance with the Department of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor Supplier or the Services: 8.5.1 in certain circumstances without consulting the Supplier; or 8.5.2 following consultation with the Contractor Supplier and having taken their views into account; provided always that where 8.5.1 ; 5.1 applies DFID shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosure. 8.6 The Supplier shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Agreement and/or any Calldown Contract and for a period of at least seven years following the expiry or termination of this Agreement and/or any Calldown Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract Agreement and/or any Calldown Contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.

Freedom of Information. 8.1 The Supplier 12.1 LRQA acknowledges that DFID the Agency is subject to legal duties which may require the requirements release of information under FOIA and/or EIR and that the Agency may be under an obligation to provide Information subject to a Request for Information. 12.2 The Agency shall be responsible for determining in its absolute discretion whether:- 12.2.1 any Information is Exempted Information or remains Exempted Information; or 12.2.2 any Information is to be disclosed in response to a Request for Information; and in no event shall LRQA respond directly to a Request for Information to which the Agency is required to respond to, except to confirm receipt of the FOIARequest for Information and that the Request for Information has been passed to the Agency unless otherwise expressly authorised to do so by the Agency. 12.3 Subject to clause 12.4 below, LRQA acknowledges that the Agency may be obliged under FOIA or EIR to disclose Information:- 12.3.1 without consulting LRQA or 12.3.2 following consultation with LRQA and having taken (or not taken, as the case may be) its views into account. 12.4 Without in any way limiting Clauses 12.2 and 12.3, in the event that the Agency receives a Request for Information, the Environmental Information Regulations and associated codes of practice shall Agency will, where appropriate, as soon as reasonably practicable notify LRQA. 12.5 LRQA will assist and cooperate co-operate with DFID the Agency as requested by the Agency to enable DFID the Agency to comply with its Information disclosure obligations. 8.2 The Supplier shall requirements under FOIA and EIR within the prescribed periods for compliance and in particular without limitation will (and shall ensure procure that its Subagents and sub-contractors shallwill), at their own cost: 8.2.1 12.5.1 transfer to DFID all Requests any Request for Information that it receives received by LRQA to the Agency as soon as practicable after receipt and in any event within two Working Days of receiving a Request request for Informationinformation; 8.2.2 12.5.2 provide DFID all such assistance as may be required from time to time by the Agency and supply such data or information as may be requested by the Agency; 12.5.3 provide the Agency with a copy of all Information any data or information in its possession, possession or power in the form that DFID the Agency requires within five Working Days (or such other period as DFID the Agency may specify) of DFID’s request; andthe Agency requesting that Information; 8.2.3 provide all necessary assistance as reasonably requested by DFID to enable DFID to respond to 12.5.4 permit the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, the Environmental Information Regulations and associated codes of practice. 8.4 In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by DFID. 8.5 The Supplier acknowledges that (notwithstanding the provisions of Clause 8) DFID may, acting in accordance with the Department of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Services: 8.5.1 in certain circumstances without consulting the Supplier; or 8.5.2 following consultation with the Contractor and having taken their views into account; provided always that where 8.5.1 applies DFID shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosure. 8.6 The Supplier shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID Agency to inspect such records as requested from time to time 12.6 Nothing in this Agreement will prevent the Agency from complying with any valid order, decision, enforcement or practice recommendation notice issued to it by the Information Commissioner under FOIA and / or EIR in relation to any Exempted Information. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.

Freedom of Information. 8.1 The Supplier acknowledges that DFID the Contracting Body is subject to the requirements Requirements of the FOIA, FOIA and the Environmental Information Regulations and associated codes of practice shall assist and cooperate with DFID the Contracting Body to enable DFID the Contracting Body to comply with its Information disclosure obligations. 8.2 . The Supplier shall and shall ensure procure that its Sub-contractors shall: 8.2.1 : transfer to DFID the Contracting Body all Requests for Information that it receives as soon as practicable and in any event within two Working Days of receiving a Request for Information; 8.2.2 ; provide DFID the Contracting Body with a copy of all Information in its possession, or power control in the form that DFID the Contracting Body requires within five Working Days (or such other period as DFID the Contracting Body may specify) of DFID’s the Contracting Body's request; and 8.2.3 and provide all necessary assistance as reasonably requested by DFID the Contracting Body to enable DFID the Contracting Body to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. 8.3 DFID . The Contracting Body shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement Contract whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental Information Regulations and associated codes of practice. 8.4 Regulations. In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by DFID. 8.5 the Contracting Body. The Supplier acknowledges that (notwithstanding the provisions of Clause 8) DFID clause 17.4) the Contracting Body may, acting in accordance with the Department of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 Act 2000 (“"the Code”"), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor Supplier or the Services: 8.5.1 : in certain circumstances without consulting the Supplier; or 8.5.2 or following consultation with the Contractor Supplier and having taken their views into account; , provided always that where 8.5.1 clause 17.6.5 applies DFID the Contracting Body shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosure. 8.6 . The Supplier shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 the provisions of this Contract and 8.8 in any event in accordance with the Requirements of Good Industry Practice and shall permit DFID the Contracting Body to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 . The Supplier acknowledges that any the Commercially Sensitive Information noted within this contract is of indicative value only and that DFID the Contracting Body may be obliged to disclose it in accordance with clause 8.517.6.5.

Freedom of Information. 8.1 7.1 The Supplier Owner acknowledges that DFID the Council is subject to the requirements of the Freedom of Information Xxx 0000 (FOIA, ) and the Environmental Information Regulations 2004 and associated codes of practice shall assist and cooperate co-operate with DFID the Council (at the Owner's expense) to enable DFID the Council to comply with its Information these information disclosure obligationsrequirements. 8.2 7.2 The Supplier shall and shall ensure that its Sub-contractors Owner shall: 8.2.1 (a) transfer the request for information to DFID all Requests for Information that it receives the Council as soon as practicable after receipt and in any event within two Working Days of receiving a Request request for Informationinformation; 8.2.2 (b) provide DFID the Council with a copy of all Information information in its possession, possession or power in the form that DFID the Council requires within five Working Days working days (or such other period as DFID the Council may specify) of DFID’s requestthe Council requesting that information; and 8.2.3 (c) provide all necessary assistance as reasonably requested by DFID the Council to enable DFID the Council to respond to the Request a request for Information information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information RegulationsRegulations 2004. 8.3 DFID 7.3 The Council shall be responsible for determining in at its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information information: (a) is exempt from disclosure in accordance with the provisions of the FOIA, FOIA or the Environmental Information Regulations 2004; (b) is to be disclosed in response to a request for information, and associated codes of practice. 8.4 In in no event shall the Supplier Recipient respond directly to a Request request for Information information unless expressly authorised to do so by DFIDthe Council. 8.5 7.4 In no event shall the Owner respond directly to a request for information unless expressly authorised to do so by the Council. 7.5 The Supplier Owner acknowledges that (notwithstanding the provisions of Clause 8) DFID Council may, acting in accordance with the Department Secretary of State for Constitutional Affairs’ ' Code of Practice on the Discharge discharge of the Functions of Public Authorities public authorities' functions under Part 1 of FOIA (issued under section 45 of the Freedom of Information Xxx 0000 (“the Code”FOIA, November 2004), be obliged under the FOIA, FOIA or the Environmental Information Regulations 2004 to disclose information concerning the Contractor or the Servicesinformation: 8.5.1 in certain circumstances (a) without consulting with the SupplierOwner; or 8.5.2 (b) following consultation with the Contractor Owner and having taken their its views into account; , provided always that where 8.5.1 clause 7.5(b) applies DFID the Owner shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier Owner advanced notice, or failing that, to draw the disclosure to the Supplier’s Owner's attention after any such disclosure. 8.6 7.6 The Supplier Owner shall ensure that all Information information produced in the course of the Agreement or relating to the Agreement is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID the Council to inspect such records as requested from time to time. 8.7 The Supplier shall, during this Contract and for a period of at least seven years following the expiry or termination of this Contract, retain and maintain all Information: 8.7.1 in accordance with the requirements of the Public Records Office and in accordance with the exercise of the degree of care that would be expected from a leading company within the relevant industry or business sector; 8.7.2 in chronological order; 8.7.3 in a form that is capable of audit; 8.7.4 at its own expense. 8.8 Wherever practical, original Information shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges that any Commercially Sensitive Information noted within this contract is of indicative value only and that DFID may be obliged to disclose it in accordance with clause 8.5.