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 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 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 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 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 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 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 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 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 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 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 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 The Supplier 16.1 Each Party acknowledges that DFID is and agreement that: 16.1.1 the NC3Rs and the Contractor are respectively subject to the requirements of the FOIA, the Environmental Information Regulations FOIA Laws 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 may receive a Request for Information; 8.2.2 provide DFID 16.1.2 each Party that receives a Request for Information (the “Request Recipient”) shall be responsible for determining at its absolute discretion whether any requested information (including Confidential Information of the other Party) is subject to any exemption and/or exception from disclosure and/or publication in accordance with the relevant provisions of the FOIA Laws or is to be disclosed in response to a copy Request for Information, and nothing in this Agreement shall remove or in any way limit that discretion of all Information the Request Recipient; 16.1.3 it shall reasonably assist and cooperate with the Request Recipient to enable the Request Recipient to comply with its obligation under the FOIA Laws in its possessionrelation to the Request for Information, or power in including compliance with any time limits imposed under the form that DFID requires within five Working Days (or such other period as DFID may specify) of DFID’s requestFOIA Laws; and 8.2.3 16.1.4 in some circumstances it may not be possible or reasonable for the Request Recipient to provide all necessary assistance notice of any Request for Information or consider the comments of the other Parties in relation to it, prior to responding to such a request. 16.2 Subject to Clause 16.1, where the Request Recipient receives a Request for Information: 16.2.1 the Request Recipient will notify the Party whose Confidential Information is the subject of the Request for Information (the “Affected Party”) as soon as reasonably requested by DFID possible (and in any event within five (5) working days of receipt), confirming what Confidential Information is being requested; and 16.2.2 the Request Recipient agrees to enable DFID discuss in good faith with the Affected Party as to whether a relevant exemption/exception to the requirement to disclose the relevant Confidential Information under the FOIA Laws might be applicable, provided that the Affected Party makes itself available for such discussions within a reasonable time (and in any event within five (5) working days of being notified of the Request for Information) so that the Request Recipient has a reasonable opportunity to consider the Affected Party’s comments prior to the deadline for the Request Recipient to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information RegulationsInformation. 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 16.3 Where a Party receives a Request for Information unless expressly authorised in relation to do so information or records held by DFIDthe other Party on behalf of the Request Recipient, the other Party will within five (5) working days of the request (or such shorter time frame requested, where it is necessary to ensure the Request Recipient’s compliance with FOIA Laws), provide the Request Recipient with a copy of such information in the form reasonably requested. 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 16.4 Each Party 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 NC3Rs or Contractor as the case may be 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 18.1 The Supplier acknowledges that DFID the GMCA 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 GMCA (at the Recipient’s expense) to enable DFID the GMCA to comply with its these Information disclosure obligationsrequirements. 8.2 18.2 The Supplier Recipient shall itself and shall ensure procure that its Sub-contractors subcontractors shall: 8.2.1 (a) transfer to DFID all Requests any Request for Information that it receives to the GMCA as soon as practicable after receipt and in any event within two Working Days working days of receiving a Request request for Information; 8.2.2 (b) provide DFID the GMCA with a copy of all Information relating to a Request for Information in its possession, possession or power in the form that DFID the requires within five Working Days working days (or such other period as DFID the GMCA may specify) of DFID’s requestthe GMCA requesting that Information; and 8.2.3 (c) provide all necessary assistance as reasonably requested by DFID the GMCA to enable DFID the GMCA to respond to the Request 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 18.3 The GMCA 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 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 Recipient respond directly to a Request request for Information unless expressly authorised to do so by DFIDthe GMCA. 8.5 18.4 The Supplier Recipient acknowledges that (notwithstanding the provisions of Clause 8) DFID GMCA 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 Supplier; Recipient, or 8.5.2 (b) following consultation with the Contractor Recipient 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 18.5 The Supplier Recipient shall ensure that all Information produced in the course of this Grant Agreement is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID the GMCA to inspect such records as requested from time to time. 8.7 18.6 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 Recipient acknowledges that any Commercially Sensitive Information noted within this contract is lists or schedules provided by it outlining confidential information are of indicative value only and that DFID the GMCA may nevertheless be obliged to disclose it confidential information in accordance with clause 8.5.18.4

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 12.1 The Supplier Company acknowledges that DFID Defra is subject to the requirements of the FOIA, the Environmental Information Regulations Acts and associated codes of practice shall assist and cooperate co-operate with DFID Defra to enable DFID Defra to comply with its disclosure obligations under the Information Acts but shall not be required to provide information to Defra pursuant to an obligation on Defra under the Information Acts which is not being held by the Company on behalf of Defra. 12.2 The Company shall, in particular, provide Defra with: 12.2.1 a copy of any information in its possession that Defra requires for the purposes of complying with its obligations under the Information Acts within 10 working days (or such later period as Defra may specify) of Defra requesting that information; and 12.2.2 any reasonable advice or assistance, including any explanation as to why the Company considers an exemption from the disclosure requirements in the Information Acts may apply, requested by Defra to enable it to respond to a request in compliance with its disclosure obligations. 8.2 The Supplier shall 12.3 Defra acknowledges that this Agreement and shall ensure that its Sub-contractors shall:information provided pursuant to clause 12.2 if so marked contains Commercially Sensitive Information 8.2.1 transfer 12.4 If Defra receives a request for information pursuant 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 one of the FOIA Information Acts (a “Request”) which information includes Commercially Sensitive Information, it shall consult the Company before making the decision whether 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 not to disclose the Commercially Sensitive Information and/or subject to the Request. 12.5 If the Company responds to such consultation within 10 days, Defra shall reasonably and properly: 12.5.1 take into account the Company’s views; and 12.5.2 consider whether or not 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 exemptions 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 its statutory duty to disclose information concerning available under the Contractor or relevant Information Act apply to the Services:Request. 8.5.1 12.6 Notwithstanding clause 12.5, Defra may, at its sole discretion, disclose any information contained in certain circumstances without consulting this Agreement if it is the Supplier; or 8.5.2 following consultation with the Contractor subject of a Request and having taken their views into account; provided always that where 8.5.1 applies DFID shallif, in accordance with any recommendations of Defra’s opinion, it must be disclosed for Defra to fulfil its duties under 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 disclosureInformation Acts. 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 19.1. 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 19.2. The Supplier 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 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 (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 19.3. 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 19.4. In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by DFIDthe Authority. 8.5 19.5. 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 (a) in certain circumstances without consulting the Supplier; or 8.5.2 (b) following consultation with the Contractor Supplier and having taken their the Supplier’s views into account; , provided always that where 8.5.1 Clause (a) 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 19.6. The Supplier shall ensure that all Information is retained for disclosure in accordance with clauses 8.7 Clause 14 (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 19.7. 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 19.5.

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 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 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 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 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 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 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 without prior Approval. The Supplier acknowledges that (notwithstanding the provisions of this Clause 8) DFID 21) 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 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 this Clause 21.5 applies DFID the Authority 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 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 Commercially Sensitive Information noted within this contract listed in Framework Schedule 8 (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 21.5.

Freedom of Information. 8.1 18.1 The Supplier acknowledges that DFID the DPS Authority is subject to the requirements of the FOIA, FOIA and the Environmental Information Regulations EIRs. The Supplier shall: (a) provide all necessary assistance and associated codes of practice shall assist and cooperate with DFID co-operation as reasonably requested by the DPS Authority to enable DFID the DPS Authority to comply with its Information disclosure obligations.obligations under the FOIA and the EIRs; 8.2 The Supplier shall and shall ensure that its Sub-contractors shall: 8.2.1 (b) transfer to DFID the DPS Authority all Requests for Information relating to this DPS 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 (c) provide DFID the DPS Authority with a copy of all Information requested in its the Request for Information which is in the Supplier's possession, or power control in the form that DFID the DPS Authority requires within five 5 Working Days (or such other period as DFID the DPS Authority may reasonably specify) of DFID’s requestthe DPS Authority'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 (d) not respond directly to a Request for Information unless expressly authorised in writing to do so by DFIDthe DPS Authority. 8.5 18.2 The Supplier acknowledges that the DPS Authority may be required under the FOIA and the EIRs to disclose Information (notwithstanding including Commercially Sensitive Information) without consulting or obtaining consent from the provisions Supplier. The DPS Authority 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 DPS Agreement) the DPS Authority shall ensure that all 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 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 5.1 The Supplier Data Protection Officer at Data Recipient should be contacted by any Partner Organisation receiving a SAR or FOI request that captures Information disclosed to them under this Agreement. They will contact the relevant nominated Data Protection Officers at all relevant Partner Organisations to determine whether they wish to claim an exemption or if they have any objections under the provisions of the relevant Act before disclosure takes place. 5.2 The Information Recipient acknowledges that DFID the HMPPS 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 HMPPS to enable DFID the HMPPS to comply with its Information information disclosure obligations. 8.2 . HMPPS currently has 1 calendar month to respond to a Subject Access Request (SAR) and 20 working days for a FOI request (and those timescales commence from the time/date the request is made to either party); therefore, requests for data which the HMPPS hold need to be submitted to us as soon as possible as the clock has already started ticking. The Supplier shall and shall ensure that its Sub-contractors shallInformation Recipient agrees to: 8.2.1 a. transfer to DFID the HMPPS 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;; HMPPS Lincolnshire Prison Release Housing Protocol_ISAV2.0June2022. Page 6 of 14 8.2.2 b. provide DFID the HMPPS with a copy of all Information information in its possession, or power in the form that DFID the HMPPS requires within five Working Days [five] working days (or such other period as DFID the HMPPS may specify) of DFID’s the HMPPS's request; and 8.2.3 c. provide all necessary assistance as reasonably requested by DFID the HMPPS to enable DFID the HMPPS 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 5.3 The HMPPS shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract ISA or any other agreement ISA 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 5.4 In no event shall the Supplier Information Recipient respond directly to a Request for Information unless expressly authorised to do so by DFIDthe HMPPS. 8.5 5.5 The Supplier Information Recipient acknowledges that (notwithstanding the provisions of Clause 8) DFID this Clause) the HMPPS 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, FOIA or the Environmental Information Regulations to disclose information concerning the Contractor Information Recipient or the ServicesProject: 8.5.1 a. in certain circumstances without consulting the SupplierInformation Recipient; or 8.5.2 b. following consultation with the Contractor Information Recipient and having taken their views into account; provided ; 5.6 Provided always that where 8.5.1 paragraph (a) applies DFID the HMPPS shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier Information Recipient advanced notice, or failing that, to draw the disclosure to the SupplierInformation Recipient’s attention after any such disclosure. 8.6 5.7 The Supplier Information Recipient shall ensure that all Information information is retained for disclosure in accordance with clauses 8.7 and 8.8 HMG guidelines and shall permit DFID the HMPPS to inspect such records as requested from time to time. 8.7 5.8 All Parties are subject to the provisions of FOIA and the Environmental Information Regulations and shall assist and co-operate with each other to enable each other to comply with their respective statutory duties in relation to Requests for Information. In particular, where a Party receives a Request for Information pertaining to the subject matter or operation of this ISA, it shall as soon as practicable notify the other Party’s nominated representative, in writing, of the details of the information requested, the date such Request was made and, if permitted by law, the name of the person making the Request. The Supplier Party which has received the Request shall, during this Contract and for a period of at least seven years following prior to responding to the expiry or termination of this Contractapplicant, retain and maintain all Information: 8.7.1 in accordance consult with the requirements other Party and to facilitate such consultation shall provide it with a copy 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 all information which it proposes to disclose it in accordance with clause 8.5not less than [5 working days] before disclosure.

Freedom of Information. 8.1 11.2.1 The Supplier Grant Recipient acknowledges that DFID the Authority is subject to the requirements of the FOIA, Information Legislation. The Grant Recipient shall: (a) provide all necessary assistance and cooperation as reasonably requested by the Environmental Information Regulations and associated codes of practice shall assist and cooperate with DFID Authority to enable DFID the Authority to comply with its obligations under the Information disclosure obligations.Legislation; 8.2 The Supplier shall and shall ensure that its Sub-contractors shall: 8.2.1 (b) 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 Working Days of receiving a Request for Informationreceipt; 8.2.2 (c) 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 DFIDthe Authority’s requestrequest 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 (d) not respond directly to a Request for Information unless expressly authorised in writing to do so by DFIDthe Authority. 8.5 11.2.2 The Supplier Grant Recipient acknowledges that the Authority may be required under the Information Legislation to disclose Information (notwithstanding including Commercially Sensitive Information) without consulting or obtaining consent from the provisions Grant Recipient. The Authority shall take reasonable steps to notify the Grant Recipient 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 FOIA) to the 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 whether any Commercially Sensitive Information Xxx 0000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose and/or any other 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, is exempt from disclosure in accordance with the Information Legislation. 11.2.3 Notwithstanding any recommendations other term of this Agreement, the Grant Recipient 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 CodeInformation Legislation 11.2.4 The Authority shall, take reasonable stepsprior to publication, where appropriate, consult with the Grant Recipient on the manner and format of publication and to give inform its decision regarding any redactions but shall have the Supplier advanced notice, or failing that, final decisions in its absolute discretion. The Grant Recipient shall assist and co-operate with the Authority to draw enable the disclosure Authority to the Supplier’s attention after any such disclosurepublish this Agreement. 8.6 11.2.5 The Supplier Grant Recipient shall ensure that all Information acquired or produced in the course of this Agreement or relating to this Agreement is safely retained and available for disclosure in accordance with clauses 8.7 during the Availability Period and 8.8 for six (6) years afterwards and shall permit DFID the Authority, its internal auditors and the District Auditor to inspect such records as requested from time to time. In default of compliance, the Authority may recover possession of such materials and the Grant Recipient shall permit the Authority or its approved agents to enter for those purposes any premises of the Grant Recipient where any such materials may be held. 8.7 The Supplier shall11.2.6 Where the Authority requires any Information from the Grant Recipient relating to any potential or actual claim by a third party against the Authority, 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 Grant Recipient shall be retained and maintained in hard copy form. 8.9 The Supplier acknowledges ensure that any Commercially Sensitive Information noted within this contract requested by the Authority is of indicative value only and that DFID may be obliged supplied to disclose it the Authority in accordance sufficient time to enable the Authority to comply with clause 8.5any relevant procedural rules.

Freedom of Information. 8.1 19.1 The Supplier Contractor acknowledges that DFID the Financial Ombudsman Service is subject to the requirements of the FOIACode of Practice on Government Information, FOIA and the Environmental Information Regulations and associated codes of practice Regulations, the Contractor shall assist and cooperate co-operate with DFID the Financial Ombudsman Service to enable DFID the Financial Ombudsman Service to comply with its Information disclosure obligations. 8.2 19.2 The Supplier Contractor shall and shall ensure procure that its Subsub-contractors shall: 8.2.1 19.2.1 transfer to DFID the Financial Ombudsman Service 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 19.2.2 provide DFID the Financial Ombudsman Service with a copy of all Information in its possession, or power in the form that DFID the Financial Ombudsman Service requires within five Working Days (or such other period as DFID the Financial Ombudsman Service may specify) of DFID’s the Financial Ombudsman Service's request; and 8.2.3 19.2.3 provide all necessary assistance as reasonably requested by DFID the Financial Ombudsman Service to enable DFID the Financial Ombudsman Service 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 Financial Ombudsman Service shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this the 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 FOIACode of Practice on Government Information, 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 Financial Ombudsman Service. 8.5 19.5 The Supplier Contractor acknowledges that (notwithstanding the provisions of Clause 8) DFID may, acting in accordance with this clause 19) 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”), Financial Ombudsman Service may be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Services: 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 and having taken their views into account; provided always that where 8.5.1 clause 19.5.1 applies DFID shall, in accordance with any recommendations of the Code, Financial Ombudsman Service shall 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 Schedule H (Commercially Sensitive Information) and shall permit DFID the Financial Ombudsman Service 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 FOIACode of Practice on Government Information, 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 disclosure obligations. 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.Environmental 8.3 DFID 13.3 The Department 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 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 13) the Department 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 ServicesProject: 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; ; 13.5.3 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 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 13.2.1 The Supplier acknowledges that DFID is parties to this Agreement are FOIA Authorities and are subject to the requirements legal duties which may require the: (a) release of the FOIA, the Environmental Information Regulations and associated codes under FOIA and/or EIR; and/or (b) provision of practice shall assist and cooperate with DFID Information subject to enable DFID to comply with its Information disclosure obligationsa RFI. 8.2 13.2.2 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 Relevant 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: (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 (b) any Information is to be disclosed in accordance with the provisions of the FOIAresponse to a RFI, the Environmental Information Regulations and associated codes of practice. 8.4 In in no event shall any party, other than the Supplier Relevant FOIA Authority, respond directly to a Request for Information an 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 13.2.3 Subject to paragraph 13.2.4 below, each party 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”), Relevant FOIA Authority may 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 the Supplierother; or 8.5.2 (b) following consultation with the Contractor other party and having taken their (or not taken, as the case may be) its views into account; provided always that where 8.5.1 applies DFID shall. 13.2.4 Without in any way limiting paragraph 13.2.2 or paragraph 13.2.3 above, in accordance with any recommendations of the Codeevent that the Relevant FOIA Authority receives an RFI, take reasonable stepsthe Relevant FOIA Authority will, where appropriate, as soon as reasonably practicable, notify the other party. 13.2.5 Each party will assist and co-operate with the Relevant FOIA Authority 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 will (and shall procure that its agents’ contractors and sub-contractors will), or failing that, to draw at their own cost: (a) transfer any RFI received by the disclosure Relevant FOIA Authority to the Supplier’s attention other party as soon as practicable after receipt and in any event within two (2) Business 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 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 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 five (5) Business Days (or such other period as the Relevant FOIA Authority may specify) of the Relevant FOIA Authority requesting that Information; and (d) permit DFID the Relevant FOIA Authority to inspect such records Information, as requested from time to time. 8.7 13.2.6 Nothing in this Agreement will prevent the Relevant FOIA Authority 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. 13.2.7 The Supplier shall, during obligations in this Contract and for a period paragraph 13.2 (Freedom of at least seven years following Information ) will survive the expiry or termination of this ContractAgreement for a period of two (2) years or, retain in respect of any particular item of Confidential Information, until such earlier time as that item of Confidential Information reaches the public domain otherwise than by reason of a breach of this Agreement or of any other duty of confidentiality relating to that information. 13.2.8 The Local Authority acknowledges and maintain agrees that the GLA may in its absolute discretion redact all or part of this Agreement or Information in respect of the Agreement (the “Agreement Information: 8.7.1 ”) prior to its publication. In so doing and in accordance its absolute discretion the GLA may take account of any EIR Exemptions and FOIA Exemptions. The GLA may in its absolute discretion consult with the requirements Local Authority regarding any redactions to this Agreement or the Agreement Information to be published pursuant to this paragraph 13.2 (Freedom of Information ). The GLA shall make the Public Records Office and in accordance with final decision regarding publication and/or redaction of this Agreement or 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 expenseAgreement Information. 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 Contractor acknowledges that DFID the Framework 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 Framework Authority to enable DFID it to comply with its Information disclosure obligations. 8.2 22.2 The Supplier Contractor shall and shall ensure procure that its Sub-contractors Staff shall: 8.2.1 22.2.1 transfer to DFID the Framework Authority all Requests for Information that it receives or they receive as soon as practicable and in any event within two (2) Working Days of receiving a Request for Informationreceipt; 8.2.2 22.2.2 provide DFID the Framework Authority with a copy of all required Information in its possession, possession or power in the form that DFID requires the Framework Authority requests within five (5) Working Days (or such other period as DFID the Framework Authority may specifyspecify and notify to the Contractor in writing) of DFID’s the Framework Authority's request; and 8.2.3 22.2.3 provide all necessary assistance as reasonably requested by DFID the Framework Authority to enable DFID the Framework 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 responsible for determining 22.3 The Framework Authority may determine in its absolute discretion (and notwithstanding any other provision in this Contract Framework Agreement 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, FOIA or the Environmental Information Regulations Regulations. Where any Commercially Sensitive Information includes Management Information, the Framework Authority may disclose such Management Information in accordance with Clauses 16.11 and associated codes of practice18. 8.4 In no event 22.4 The Contractor shall the Supplier not respond directly to a any Request for Information unless expressly authorised to do so in writing by DFIDthe Framework Authority. 8.5 22.5 The Supplier Contractor acknowledges that (notwithstanding this Clause 21.1), the provisions of Clause 8) DFID Framework 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”)or otherwise as required by Law, be obliged under the FOIA, FOIA or the Environmental Information Regulations to disclose information concerning the Contractor or the Services: 8.5.1 22.5.1 in certain circumstances without consulting the SupplierContractor; or 8.5.2 22.5.2 following consultation with the Contractor and having taken their its views into account; provided always that that, where 8.5.1 applies DFID Clause 22.5.1 applies, the Framework Authority shall, in accordance with any recommendations of the Code, take reasonable steps, steps where appropriate, appropriate to give the Supplier Contractor advanced noticenotice or, or failing that, to draw the disclosure to the Supplier’s Contractor'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 20.1 The Supplier Service Provider acknowledges that DFID the Landlord is subject to the requirements of the Freedom of Information Act (FOIA, ) and the Environmental Information Regulations and associated codes of practice shall assist and cooperate co-operate with DFID the Landlord (at the Service Provider's expense) to enable DFID the Landlord to comply with its Information these information disclosure obligationsrequirements. 8.2 20.2 The Supplier shall Service Provider shall, and shall ensure that its Sub-contractors subcontractors shall: 8.2.1 (a) on receipt of a Request for Information, transfer to DFID all Requests the Request for Information that it receives to the Landlord as soon as practicable and in any event within two five (5) Working Days of receiving a Request for Informationreceipt; 8.2.2 (b) provide DFID the Landlord with a copy of all Information information in its possession, possession or power in the form that DFID the Landlord requires within five (5) Working Days (or such other period as DFID the Landlord may specify) of DFID’s requestthe Landlord requesting that information; and 8.2.3 (c) provide all necessary assistance as reasonably requested by DFID the Landlord to enable DFID the Landlord 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 20.3 The Landlord 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 and associated codes of practiceRegulations; and/or (b) is to be disclosed in response to a Request for Information. 8.4 20.4 In no event shall the Supplier Service Provider respond directly to a Request for Information unless expressly authorised to do so by DFIDthe Landlord. 8.5 20.5 The Supplier Service Provider acknowledges that (notwithstanding the provisions of Clause 8) DFID Landlord 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 20.4 applies DFID the Landlord 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 20.6 The Supplier Service Provider shall ensure that all Information information produced in the course of this Contract or relating to this Contract is retained for disclosure in accordance with clauses 8.7 and 8.8 and shall permit DFID the Landlord to inspect such records as requested from time to time. 8.7 20.7 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 Information noted within this contract is lists or schedules provided by it outlining confidential information are of indicative value only and that DFID the Landlord may nevertheless be obliged to disclose it confidential information in accordance with clause 8.5this Clause 20.

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 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 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 (a) 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 14 (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 10.1 The Supplier Recipient acknowledges that DFID the 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 the Council (at the Recipient's expense) to enable DFID the Council to comply with its Information these information disclosure obligationsrequirements. 8.2 10.2 The Supplier shall and shall ensure that its Sub-contractors Recipient 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 RegulationsEIR. 8.3 DFID 10.3 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 FOIAFOIA or the EIR; (b) is to be disclosed in response to a request for information, the Environmental Information Regulations 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 10.4 In no event shall the Recipient respond directly to a request for information unless expressly authorised to do so by the Council. 10.5 The Supplier Recipient 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 EIR to disclose information concerning the Contractor or the Servicesinformation: 8.5.1 in certain circumstances (a) without consulting with the SupplierRecipient; or 8.5.2 (b) following consultation with the Contractor Recipient and having taken their its views into account; , provided always that where 8.5.1 clause 10.5(b) applies DFID the Council shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier Recipient advanced notice, or failing that, to draw the disclosure to the Supplier’s Recipient's attention after any such disclosure. 8.6 10.6 The Supplier Recipient 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.

Freedom of Information. 8.1 10.1 The Supplier Recipient acknowledges that DFID the Funder 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 co-operate with DFID the Funder (at the Recipient's expense) to enable DFID the Funder to comply with its Information these information disclosure obligationsrequirements. 8.2 10.2 The Supplier shall and shall ensure that its Sub-contractors Recipient shall: 8.2.1 (a) transfer the request for information to DFID all Requests for Information that it receives the Funder 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 Funder with a copy of all Information information in its possession, possession or power in the form that DFID the Funder requires within five Working Days working days (or such other period as DFID the Funder may specify) of DFID’s requestthe Funder requesting that information; and 8.2.3 (c) provide all necessary assistance as reasonably requested by DFID the Funder to enable DFID the Funder 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 10.3 The Funder 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 and associated codes of practice2004; (b) is to be disclosed in response to a request for information. 8.4 10.4 In no event shall the Supplier Recipient respond directly to a Request request for Information information unless expressly authorised to do so by DFIDthe Funder. 8.5 10.5 The Supplier Recipient acknowledges that (notwithstanding the provisions of Clause 8) DFID Funder 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 SupplierRecipient; or 8.5.2 (b) following consultation with the Contractor Recipient and having taken their its views into account; , provided always that where 8.5.1 clause 10.5(b) applies DFID the Funder shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier Recipient advanced notice, or failing that, to draw the disclosure to the Supplier’s Recipient's attention after any such disclosure. 8.6 10.6 The Supplier Recipient 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 Funder to inspect such records as requested from time to time. 8.7 10.7 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 Recipient acknowledges that any Commercially Sensitive Information noted within this contract is of and details provided by it outlining information that it considers to be confidential or commercially sensitive are indicative value only and that DFID the Funder may nevertheless be obliged to disclose it such information in accordance with this clause 8.510.