Common use of Freedom of Information Clause in Contracts

Freedom of Information. 24.1. The Contractor acknowledges that the Authority is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act and the Environmental Information Regulations and shall assist and cooperate with the Authority (at the Contractor‟s expense) to enable the Authority to comply with these Information disclosure obligations. 24.2. The Contractor shall and shall procure that its sub-contractors shall: 24.2.1 transfer the Request for Information to the other Party as soon as practicable after receipt and in any event within two Working Days of receiving a Request for Information; 24.2.2 (provide the Authority with a copy of all Information in its possession or power in the form that the Authority requires within [five] Working Days (or such other period as the Authority may specify) of the Authority requesting that Information; and 24.2.3 provide all necessary assistance as reasonably requested by the Authority to enable the Authority to respond to a Request for Information within the time for compliance set out in section 10 of the FOI Act or regulation 5 of the Environmental Information Regulations. 24.3. The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other contract whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations. 24.4. In no event shall the Contractor respond directly to a Request for Information unless expressly authorised to do so by the Authority. 24.5. The Contractor acknowledges that (notwithstanding the provisions of Clause 24) the Authority may, acting in accordance with the Department of Constitutional Affairs‟ Code of Practice on the Discharge of Functions of Public Authorities under Part I of the Freedom of Information Xxx 0000 (the “Code”), be obliged under the FOI Act, or the Environmental Information Regulations or the Services to disclose Information:- 24.5.1. in certain circumstances without consulting with the Contractor, or 24.5.2. following consultation with the Contractor and having taken its views into account, provided always that where Clause 24.5.1 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractor‟s attention after any such disclosure

Freedom of Information. 24.135.1 The Commissioner is a public authority to which the Freedom of Information Act 2000 applies. The Commissioner is obliged to consider written requests for information from members of the public and must disclose the requested information unless an exemption is available under the Act. In response to a request for information (including information provided by the Contractor in the course of this tendering exercise), the Commissioner may be required to confirm or deny it holds information to the applicant. 35.2 The Commissioner will generally make the following information available on request:- (a) the names of successful bidder(s); (b) the duration of the contract; and (c) the goods or services supplied. 35.3 The Commissioner must respond to requests for information by the 20th working day after the request is received and, whilst the Commissioner may consult with the Contractor (but will not necessarily do so) about specific requests, any such consultation will have to be completed within a very short timescale. Accordingly, the Contractor must consider whether any of the information supplied by the Contractor (or relating to the Contractor) in this tendering exercise falls within one or more of the exemptions contained in Part II of the Freedom of Information Act 2000. If the Contractor does consider any such exemption to exist, then this shall be set out in detail, at the earliest opportunity (preferably when providing the information), the particular information to which any exemption applies and the specific grounds for contending that the exemption exists. 35.4 The Contractor shall provide the Commissioner with all reasonable assistance and co-operation to enable it to comply with any requests for information received under the Freedom of Information Act 2000 within the prescribed time limits. 35.5 The Contractor shall take any necessary legal advice in relation to the operation of the Freedom of Information Act 2000 at the earliest opportunity. 35.6 No liability shall arise on the part of the Commissioner in respect of the disclosure of any information by it in proper compliance with the Freedom of Information Act 2000. 35.7 The Contractor acknowledges that the Authority Commissioner is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations and shall assist and cooperate with the Authority Commissioner (at the Contractor‟s Contractor’s expense) to enable the Authority Commissioner to comply with these Information disclosure obligationsrequirements. 24.2. 35.8 The Contractor shall and shall procure that its sub-contractors shall: 24.2.1 (a) transfer the Request for Information to the other Party Commissioner as soon as practicable after receipt and in any event within two Working Days of receiving a Request for Information; 24.2.2 (b) provide the Authority Commissioner with a copy of all Information in its possession or power in the form that the Authority Commissioner requires within [five] five Working Days (or such other period as the Authority Commissioner may specify) of the Authority Commissioner requesting that Information; and 24.2.3 (c) provide all necessary assistance as reasonably requested by the Authority Commissioner to enable the Authority Commissioner to respond to a Request for Information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation 5 of the Environmental Information Regulations. 24.3. 35.9 The Authority Commissioner shall be responsible for determining in at its absolute discretion and notwithstanding any other provision in this Contract or any other contract whether the Commercially Sensitive Information and/or any other Information Information: (a) is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations.; 24.4. In (b) is to be disclosed in response to a Request for Information, and in no event shall the Contractor respond directly to a Request for Information unless expressly authorised to do so by the AuthorityCommissioner. 24.5. 35.10 The Contractor acknowledges that (notwithstanding the provisions of Clause 24) the Authority Commissioner may, acting in accordance with the Department of for Constitutional Affairs‟ Affairs’ Code of Practice on the Discharge of Functions of Public Authorities under Part I of the Freedom of Information Xxx 0000 (the “Code”)Act 2000, be obliged under the FOI Act, FOIA or the Environmental Information Regulations or the Services to disclose Information:- 24.5.1. in certain circumstances (a) without consulting with the Contractor, or 24.5.2. (b) following consultation with the Contractor and having taken its views into account, . 35.11 The Contractor shall ensure that all Information produced in the course of the Contract or relating to the Contract is retained for disclosure and shall permit the Commissioner to inspect such records as requested from time to time. 35.12 The Contractor acknowledges that any lists or schedules provided always by it outlining Confidential Information are of indicative value only and that where Clause 24.5.1 applies the Authority shall, Commissioner may nevertheless be obliged to disclose Confidential Information in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractor‟s attention after any such disclosureClause 35.10.

Freedom of Information. 24.1. 19.1 The Contractor CONTRACTOR acknowledges that the Authority CUSTOMER is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations and shall assist and cooperate with the Authority (at the Contractor‟s expense) CUSTOMER to enable the Authority CUSTOMER to comply with these its Information disclosure obligations. 24.2. 19.2 The Contractor CONTRACTOR shall and shall procure that its subSub-contractors Contractors shall: 24.2.1 19.2.1 transfer to the Request CUSTOMER all Requests for Information to the other Party that it receives as soon as practicable after receipt and in any event within two (2) Working Days of receiving a Request for Information; 24.2.2 (19.2.2 provide the Authority CUSTOMER with a copy of all Information in its possession or power in the form that the Authority CUSTOMER requires within [five] five (5) Working Days (or such other period as the Authority CUSTOMER may specify) of the Authority requesting that InformationCUSTOMER’s request; and 24.2.3 19.2.3 provide all necessary assistance as reasonably requested by the Authority CUSTOMER to enable the Authority CUSTOMER to respond to a the Request for Information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation 5 of the Environmental Information Regulations. 24.3. 19.3 The Authority CUSTOMER shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other contract agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations. 24.4. 19.4 In no event shall the Contractor CONTRACTOR respond directly to a Request for Information unless expressly authorised to do so by the AuthorityCUSTOMER. 24.5. 19.5 The Contractor CONTRACTOR acknowledges that (notwithstanding the provisions of this Clause 2419) the Authority CUSTOMER may, acting in accordance with the Department of Constitutional Affairs‟ Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part I 1 of the Freedom of Information Xxx 0000 (“the “Code”), be obliged under the FOI Act, FOIA or the Environmental Information Regulations to disclose information concerning the CONTRACTOR or the Services to disclose Information:-Ordered IT Products: 24.5.1. 19.5.1 in certain circumstances without consulting with the Contractor, CONTRACTOR; or 24.5.2. 19.5.2 following consultation with the Contractor CONTRACTOR and having taken its their views into account, provided always that where Clause 24.5.1 19.5.1 applies the Authority CUSTOMER shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor CONTRACTOR advanced notice, or failing that, to draw the disclosure to the Contractor‟s CONTRACTOR’s attention after any such disclosure. 19.6 The CONTRACTOR shall ensure that all Information is retained for disclosure and shall permit the CUSTOMER to inspect such records as requested from time to time. 19.7 The CONTRACTOR acknowledges that the Commercially Sensitive Information listed in Schedule 2-10 is of indicative value only and that the CUSTOMER may be obliged to disclose it in accordance with Clause 19.5.

Freedom of Information. 24.1. 13.1 The Contractor acknowledges that the Authority Children’s Commissioner is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations and shall assist and cooperate with the Authority (at the Contractor‟s expense) Children’s Commissioner to enable the Authority Children’s Commissioner to comply with these its Information disclosure obligations. 24.2. 13.2 The Contractor shall and shall procure that its sub-contractors shall: 24.2.1 13.2.1 transfer to the Request Children’s Commissioner all Requests for Information to the other Party that it receives as soon as practicable after receipt and in any event within two (2) Working Days of receiving a Request for Information; 24.2.2 (13.2.2 provide the Authority Children’s Commissioner with a copy of all Information in its possession possession, or power control in the form that the Authority Children’s Commissioner requires within [five] five (5) Working Days (or such other period as the Authority Children’s Commissioner may specify) of the Authority requesting that InformationChildren’s Commissioner's request; and 24.2.3 13.2.3 provide all necessary assistance as reasonably requested by the Authority Children’s Commissioner to enable the Authority Children’s Commissioner to respond to a the Request for Information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation 5 of the Environmental Information Regulations. 24.3. 13.3 The Authority Children’s Commissioner shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other contract agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations. 24.4. 13.4 In no event shall the Contractor respond directly to a Request for Information unless expressly authorised to do so by the AuthorityChildren’s Commissioner. 24.5. 13.5 The Contractor acknowledges that (notwithstanding the provisions of Clause 241 (Confidentiality)) the Authority Children’s Commissioner may, acting in accordance with the Department Ministry of Constitutional Affairs‟ Code of Practice on the Discharge of Functions of Public Authorities under Part I of the Freedom of Information Xxx 0000 (the “Justice’s Code”), be obliged under the FOI ActFOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Services to disclose Information:-Services: 24.5.1. 13.5.1 in certain circumstances without consulting with the Contractor, ; or 24.5.2. 13.5.2 following consultation with the Contractor and having taken its their views into account, ; provided always that where Clause 24.5.1 13.5.1 applies the Authority Children’s Commissioner shall, in accordance with any recommendations of the Ministry of Justice’s Code, take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractor‟s Contractor’s attention after any such disclosure. 13.6 The Contractor shall ensure that all Information is retained for disclosure and shall permit the Children’s Commissioner to inspect such records as requested from time to time.

Freedom of Information. 24.1. 9.1 The Contractor Recipient acknowledges that the Authority Funder is subject to the requirements of the Code Freedom of Practice on Access to Government Information, the FOI Act Information Xxx 0000 (FOIA) and the Environmental Information Regulations 2004 and shall assist and cooperate co- operate with the Authority Funder (at the Contractor‟s Recipient's expense) to enable the Authority Funder to comply with these Information information disclosure obligationsrequirements. 24.2. 9.2 The Contractor shall and shall procure that its sub-contractors Recipient shall: 24.2.1 (a) transfer the Request request for Information information to the other Party Funder as soon as practicable after receipt and in any event within two Working Days of receiving a Request request for Informationinformation; 24.2.2 (b) provide the Authority Funder with a copy of all Information information in its possession or power in the form that the Authority Funder requires within [five] Working Days five working days (or such other period as the Authority Funder may specify) of the Authority Funder requesting that Informationinformation; and 24.2.3 (c) provide all necessary assistance as reasonably requested by the Authority Funder to enable the Authority Funder to respond to a Request request for Information information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation 5 of the Environmental Information RegulationsRegulations 2004. 24.3. 9.3 The Authority Funder shall be responsible for determining in at its absolute discretion and notwithstanding any other provision in this Contract or any other contract whether the Commercially Sensitive Information and/or any other Information information: (a) is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations.Regulations 2004; 24.4. In (b) is to be disclosed in response to a request for information, and in no event shall the Contractor Recipient respond directly to a Request request for Information information unless expressly authorised to do so by the AuthorityFunder. 24.5. 9.4 In no event shall the Recipient respond directly to a request for information unless expressly authorised to do so by the Funder. 9.5 The Contractor Recipient acknowledges that (notwithstanding the provisions of Clause 24) the Authority Funder may, acting in accordance with the Department Secretary of State for Constitutional Affairs‟ Affairs' Code of Practice on the Discharge discharge of Functions of Public Authorities public authorities' functions under Part I 1 of FOIA (issued under section 45 of the Freedom of Information Xxx 0000 (the “Code”FOIA, November 2004), be obliged under the FOI Act, FOIA or the Environmental Information Regulations or the Services 2004 to disclose Information:-information: 24.5.1. in certain circumstances (a) without consulting with the Contractor, Recipient; or 24.5.2. (b) following consultation with the Contractor Recipient and having taken its views into account, provided always that where Clause 24.5.1 clause 9.5(b) applies the Authority Funder shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor Recipient advanced notice, or failing that, to draw the disclosure to the Contractor‟s Recipient's attention after any such disclosure. 9.6 The Recipient shall ensure that all information produced in the course of the Agreement or relating to the Agreement is retained for disclosure and shall permit the Funder to inspect such records as requested from time to time.

Freedom of Information. 24.1. 29.1 The Contractor Supplier acknowledges that the Authority Council is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations and shall assist and cooperate with the Authority (at the Contractor‟s expense) Council to enable the Authority Council to comply with these its Information disclosure obligations. 24.2. 29.2 The Contractor Supplier shall and shall procure that its subany Sub-contractors shall: 24.2.1 Contractors shall transfer to the Request Council all Requests for Information to the other Party that it receives as soon as practicable after receipt and in any event within two Working Days of receiving a Request for Information; 24.2.2 (29.2.1 provide the Authority Council with a copy of all Information in its possession possession, or power in the form that the Authority Council requires within [five] five Working Days (or such other period as the Authority Council may specify) of the Authority requesting that InformationCouncil's request; and 24.2.3 29.2.2 provide all necessary assistance as reasonably requested by the Authority Council to enable the Authority Council to respond to a the Request for Information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation Regulation 5 of the Environmental Information Regulations. 24.3. 29.3 The Authority Council shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other contract agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations. 24.4. 29.4 In no event shall the Contractor Supplier respond directly to a Request for Information unless expressly authorised to do so by the AuthorityCouncil. 24.5. 29.5 The Contractor Supplier acknowledges that (notwithstanding the provisions of Clause 24clause 29) the Authority Council 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 I 1 of the Freedom of Information Xxx 0000 Act 2000 (“the “Code”), be obliged under the FOI ActFOIA, or the Environmental Information Regulations to disclose information concerning the Supplier or the Services to disclose Information:- 24.5.1. in certain circumstances circumstances: 29.5.1 without consulting with the Contractor, Supplier; or 24.5.2. 29.5.2 following consultation with the Contractor Supplier and having taken its their views into account, provided always that where Clause 24.5.1 ; 5.1 applies the Authority Council shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor Supplier advanced notice, or failing that, to draw the disclosure to the Contractor‟s Supplier’s attention after any such disclosure. 29.6 The Supplier shall ensure that all Information is retained for disclosure and shall permit the Council to inspect such records as requested from time to time. 29.7 The Supplier acknowledges that the Commercially Sensitive Information listed in the Commercially Sensitive Information Schedule is of indicative value only and that the Council may be obliged to disclose it in accordance with this clause 29.

Freedom of Information. 24.1. 32.1 The Contractor SERVICE PROVIDER acknowledges that the Authority CLIENT is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations and shall assist and cooperate with the Authority (at the Contractor‟s expense) CLIENT to enable the Authority CLIENT to comply with these its Information disclosure obligations. 24.2. 32.2 The Contractor SERVICE PROVIDER shall and shall procure that its subSub-contractors Contractors shall: 24.2.1 32.2.1 transfer to the Request CLIENT all Requests for Information to the other Party that it receives as soon as practicable after receipt and in any event within two (2) Working Days of receiving a Request for Information; 24.2.2 (32.2.2 provide the Authority CLIENT with a copy of all Information in its possession possession, or power in the form that the Authority CLIENT requires within [five] five (5) Working Days (or such other period as the Authority CLIENT may specify) of the Authority requesting that InformationCLIENT‟s request; and 24.2.3 32.2.3 provide all necessary assistance as reasonably requested by the Authority CLIENT to enable the Authority CLIENT to respond to a the Request for Information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation 5 of the Environmental Information Regulations. 24.3. 32.3 The Authority CLIENT shall be responsible for determining in its absolute discretion and notwithstanding whether any other provision in this Contract or any other contract whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations. 24.4. 32.4 In no event shall the Contractor SERVICE PROVIDER respond directly to a Request for Information unless expressly authorised to do so by the AuthorityCLIENT. 24.5. 32.5 The Contractor SERVICE PROVIDER acknowledges that (notwithstanding the provisions of Clause 24) the Authority CLIENT may, acting in accordance with the Department of Constitutional Affairs‟ Code of Practice on the Discharge of the Functions of Public Authorities under Part I 1 of the Freedom of Information Xxx 0000 (the “Code”)Act 2000, be obliged under to disclose Information without consulting or obtaining consent from the FOI ActSERVICE PROVIDER, or the Environmental Information Regulations or the Services to disclose Information:- 24.5.1. in certain circumstances without consulting with the Contractor, or 24.5.2. following consultation with the Contractor and despite having taken its the SERVICE PROVIDER‟s views into account, provided always . 32.6 The SERVICE PROVIDER shall ensure that where Clause 24.5.1 applies all Information is retained for disclosure and shall permit the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, CLIENT to give the Contractor advanced notice, or failing that, inspect such records as requested from time to draw the disclosure to the Contractor‟s attention after any such disclosuretime.

Freedom of Information. 24.1. The Contractor SERVICE PROVIDER acknowledges that the Authority CLIENT is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations and shall assist and cooperate with the Authority (at the Contractor‟s expense) CLIENT to enable the Authority CLIENT to comply with these its Information disclosure obligations. 24.2. The Contractor SERVICE PROVIDER shall and shall procure that its subSub-contractors Contractors shall: 24.2.1 : transfer to the Request CLIENT all Requests for Information to the other Party that it receives as soon as practicable after receipt and in any event within two (2) Working Days of receiving a Request for Information; 24.2.2 (; provide the Authority CLIENT with a copy of all Information in its possession possession, or power in the form that the Authority CLIENT requires within [five] five (5) Working Days (or such other period as the Authority CLIENT may specify) of the Authority requesting that InformationCLIENT’s request; and 24.2.3 and provide all necessary assistance as reasonably requested by the Authority CLIENT to enable the Authority CLIENT to respond to a the Request for Information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation 5 of the Environmental Information Regulations. 24.3. The Authority CLIENT shall be responsible for determining in its absolute discretion and notwithstanding whether any other provision in this Contract or any other contract whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations. 24.4. In no event shall the Contractor SERVICE PROVIDER respond directly to a Request for Information unless expressly authorised to do so by the Authority. 24.5CLIENT. The Contractor SERVICE PROVIDER acknowledges that (notwithstanding the provisions of Clause 24) the Authority CLIENT may, acting in accordance with the Department of Constitutional Affairs‟ Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part I 1 of the Freedom of Information Xxx 0000 (the “Code”)0000, be obliged under to disclose Information without consulting or obtaining consent from the FOI ActSERVICE PROVIDER, or the Environmental Information Regulations or the Services to disclose Information:- 24.5.1. in certain circumstances without consulting with the Contractor, or 24.5.2. following consultation with the Contractor and despite having taken its the SERVICE PROVIDER’s views into account, provided always . The SERVICE PROVIDER shall ensure that where Clause 24.5.1 applies all Information is retained for disclosure and shall permit the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, CLIENT to give the Contractor advanced notice, or failing that, inspect such records as requested from time to draw the disclosure to the Contractor‟s attention after any such disclosuretime.

Freedom of Information. 24.1. 22.1 The Contractor Supplier acknowledges that the Authority is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations and shall assist and cooperate co-operate with the Authority (at the Contractor‟s expense) to enable the Authority to comply with these its Information disclosure obligations. 24.2. 22.2 The Contractor Supplier shall and shall procure that its subSub-contractors Contractors shall: 24.2.1 22.2.1 transfer to the Request Authority all Requests for Information to the other Party that it receives as soon as practicable after receipt and in any event within two (2) Working Days of receiving a Request for Information; 24.2.2 (22.2.2 provide the Authority with a copy of all Information that is relevant to a Request for Information and in its control, possession or power power, in the form that the Authority requires requests within [five] five (5) Working Days (or such other period as the Authority may specify) of the Authority requesting that InformationAuthority's request; and 24.2.3 22.2.3 provide all necessary assistance as reasonably requested by the Authority to enable the Authority to respond to a the Request for Information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation 5 of the Environmental Information Regulations. 24.3. 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 contract agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations. 24.4. 22.4 In no event shall the Contractor Supplier respond directly to a Request for Information unless expressly authorised to do so by the Authoritywithout prior Approval. 24.5. 22.5 The Contractor Supplier acknowledges that (notwithstanding the provisions of this Clause 2422) the Authority may, acting in accordance with the Department Ministry of Constitutional Affairs‟ Code of Practice on the Discharge of Functions of Public Authorities under Part I of the Freedom of Information Xxx 0000 (the “Code”)Justice Codes, be obliged under the FOI Act, FOIA or the Environmental Information Regulations to disclose information concerning the Supplier or the Services to disclose Information:-Services: 24.5.1. 22.5.1 in certain circumstances without consulting with the Contractor, Supplier; or 24.5.2. 22.5.2 following consultation with the Contractor Supplier and having taken its the Supplier‟s views into account, provided always that where this Clause 24.5.1 22.5 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor advanced Supplier advance notice, or failing that, to draw the disclosure to the Contractor‟s Supplier's attention after any such disclosure. 22.6 The Supplier shall ensure that all Information is retained for disclosure in accordance with Clause 16 (Records and Audit Access) and shall permit the Authority to inspect such records as requested from time to time. 22.7 The Supplier acknowledges that the Commercially Sensitive Information listed in Framework Schedule 10 (Commercially Sensitive Information) is of an indicative nature only and that the Authority may be obliged to disclose it in accordance with Clause 22.5 .

Freedom of Information. 24.1. The Contractor Supplier acknowledges that the Authority ConstructionSkills is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations and shall assist and cooperate with the Authority (at the Contractor‟s expense) ConstructionSkills to enable the Authority it to comply with these its Information disclosure obligations. 24.2. The Contractor Supplier shall (and shall procure that its Staff and/or sub-contractors shall: 24.2.1 ): transfer the Request to ConstructionSkills all Requests for Information to the other Party that it receives (or they receive) as soon as practicable after receipt and in any event within two [two] Working Days of after receiving a Request for Information; 24.2.2 (; provide the Authority ConstructionSkills with a copy of all Information in its possession possession, or power in the form that the Authority ConstructionSkills requires within [five] Working Days (or such other period as the Authority ConstructionSkills may specify) of the Authority requesting that Informationafter ConstructionSkills’ request; and 24.2.3 and provide all necessary assistance as reasonably requested by the Authority ConstructionSkills to enable the Authority ConstructionSkills to respond to a the Request for Information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation 5 of the Environmental Information Regulations. 24.3. The Authority 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 contract agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations. 24.4. In no event shall the Contractor Supplier and/or any of its sub-contractors respond directly to a Request for Information unless expressly authorised to do so by the Authority. 24.5ConstructionSkills. The Contractor Supplier acknowledges that (notwithstanding the provisions of Clause 2418.2) the Authority ConstructionSkills may, acting in accordance with the Department of Constitutional Affairs‟ Code of Practice on the Discharge of Functions of Public Authorities under Part I of the Freedom of Information Xxx 0000 (the “Code”), be obliged under the FOI ActFOIA, or the Environmental Information Regulations or the Services to disclose Information:- 24.5.1. information concerning the Supplier, this Framework Agreement, any Call-Off Contract and/or the Services: in certain circumstances without consulting with the Contractor, or 24.5.2. Supplier; or following consultation with the Contractor Supplier and having taken its views into account, provided always that where Clause 24.5.1 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractor‟s attention after any such disclosure.

Freedom of Information. 24.1. 13.1 The Contractor acknowledges that the Authority School is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations and shall assist and cooperate with the Authority (at the Contractor‟s expense) School to enable the Authority School to comply with these Information its information disclosure obligations. 24.2. 13.2 The Contractor shall and shall procure that its subSub-contractors shall: 24.2.1 13.2.1 transfer to the Request School all Requests for Information to the other Party that it receives as soon as practicable after receipt and in any event within two Working Days of receiving a Request for Information; 24.2.2 (13.2.2 provide the Authority School with a copy of all Information in its possession possession, or power in the form that the Authority School requires within [five] five Working Days (or such other period as the Authority School may specify) of the Authority requesting that InformationSchool's request; and 24.2.3 13.2.3 provide all necessary assistance as reasonably requested by the Authority School to enable the Authority School to respond to a the Request for Information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation 5 of the Environmental Information Regulations. 24.3. 13.3 The Authority School shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other contract agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations. 24.4. 13.4 In no event shall the Contractor respond directly to a Request for Information unless expressly authorised to do so by the AuthoritySchool. 24.5. 13.5 The Contractor acknowledges that (notwithstanding the provisions of Clause 2413) the Authority School 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 I 1 of the Freedom of Information Xxx 0000 Act 2000 (“the “Code”), be obliged under the FOI ActFOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Services to disclose Information:-Project: 24.5.1. 13.5.1 in certain circumstances without consulting with the Contractor, ; or 24.5.2. 13.5.2 following consultation with the Contractor and having taken its their views into account, provided always that where Clause 24.5.1 ; 5.1 applies the Authority School shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractor‟s Contractor’s attention after any such disclosure. 13.6 The Contractor shall ensure that all Information is retained for disclosure and shall permit the School to inspect such records as requested from time to time.

Freedom of Information. 24.1. 19.1 The Contractor SERVICE PROVIDER acknowledges that the Authority CUSTOMER is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations and shall assist and cooperate with the Authority (at the Contractor‟s expense) CUSTOMER to enable the Authority CUSTOMER to comply with these its Information disclosure obligations. 24.2. 19.2 The Contractor SERVICE PROVIDER shall and shall procure that its subSub-contractors Contractors shall: 24.2.1 19.2.1 transfer to the Request CUSTOMER all Requests for Information to the other Party that it receives as soon as practicable after receipt and in any event within two (2) Working Days of receiving a Request for Information; 24.2.2 (19.2.2 provide the Authority CUSTOMER with a copy of all Information in its possession or power in the form that the Authority CUSTOMER requires within [five] five (5) Working Days (or such other period as the Authority CUSTOMER may specify) of the Authority requesting that InformationCUSTOMER’s request; and 24.2.3 19.2.3 provide all necessary assistance as reasonably requested by the Authority CUSTOMER to enable the Authority CUSTOMER to respond to a the Request for Information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation 5 of the Environmental Information Regulations. 24.3. 19.3 The Authority CUSTOMER shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other contract agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations. 24.4. 19.4 In no event shall the Contractor SERVICE PROVIDER respond directly to a Request for Information unless expressly authorised to do so by the AuthorityCUSTOMER. 24.5. 19.5 The Contractor SERVICE PROVIDER acknowledges that (notwithstanding the provisions of this Clause 2419) the Authority CUSTOMER may, acting in accordance with the Department of Constitutional Affairs‟ Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part I 1 of the Freedom of Information Xxx 0000 Act 2000 (“the “Code”), be obliged under the FOI Act, FOIA or the Environmental Information Regulations to disclose information concerning the SERVICE PROVIDER or the Services to disclose Information:- 24.5.1. in certain circumstances without consulting with the Contractor, or 24.5.2. following consultation with the Contractor and having taken its views into account, provided always that where Clause 24.5.1 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractor‟s attention after any such disclosureOrdered IT Solutions:

Freedom of Information. 24.1. 25.1 The Contractor Supplier acknowledges that the Authority Customer is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations 2004 and shall assist and cooperate with the Authority (at the Contractor‟s expense) Customer to enable the Authority Customer to comply with these its Information disclosure obligations. 24.2. 25.2 The Contractor Supplier shall and shall procure that its sub-any sub- contractors shall: 24.2.1 shall transfer to the Request Customer all Requests for Information to the other Party that it receives as soon as practicable after receipt and in any event within two [two] Working Days of receiving a Request for Information; 24.2.2 (a) provide the Authority Customer with a copy of all Information in its possession possession, or power in the form that the Authority Customer requires within [five] Working Days (or such other period as the Authority Customer may specify) of the Authority requesting that InformationCustomer's request; and 24.2.3 (b) provide all necessary assistance as reasonably requested by the Authority Customer to enable the Authority Customer to respond to a the Request for Information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation Regulation 5 of the Environmental Information RegulationsRegulations 2004. 24.3. 25.3 The Authority Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other contract whether the Commercially Sensitive Information Agreement and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information RegulationsRegulations 2004. 24.4. 25.4 In no event shall the Contractor Supplier respond directly to a Request for Information unless expressly authorised to do so by the AuthorityCustomer. 24.5. 25.5 The Contractor Supplier acknowledges that (notwithstanding the provisions of Clause 24this clause 25 and the provisions of clause 31) the Authority 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 I 1 of the Freedom of Information Xxx 0000 Act 2000 (“the “Code”), be obliged under the FOI ActFOIA, or the Environmental Information Regulations 2004 to disclose information concerning the Supplier or the Services to disclose Information:- 24.5.1. in certain circumstances circumstances: (a) without consulting with the Contractor, Supplier; or 24.5.2. (b) following consultation with the Contractor Supplier and having taken its their views into account, ; provided always that where Clause 24.5.1 clause 25.5(a) applies the Authority Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor Supplier advanced notice, or failing that, to draw the disclosure to the Contractor‟s Supplier’s attention after any such disclosure. 25.6 The Supplier shall ensure that all Information is retained for disclosure and shall permit the Customer to inspect such records as requested from time to time.

Freedom of Information. 24.133.1. The Contractor acknowledges that the Authority is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act and the Environmental Information Regulations and shall assist and cooperate with the Authority (at the Contractor‟s expense) to enable the Authority to comply with these Information disclosure obligations. 24.233.2. The Contractor shall and shall procure that its sub-contractors shall: 24.2.1 transfer 33.2.1. Transfer the Request for Information to the other Party as soon as practicable after receipt and in any event within two Working Days of receiving a Request for Information; 24.2.2 (provide 33.2.2. Provide the Authority with a copy of all Information in its possession or power in the form that the Authority requires within [five] Working Days (or such other period as the Authority may specify) of the Authority requesting that Information; and 24.2.3 provide 33.2.3. Provide all necessary assistance as reasonably requested by the Authority to enable the Authority to respond to a Request for Information within the time for compliance set out in section 10 of the FOI Act or regulation 5 of the Environmental Information Regulations. 24.333.3. The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other contract whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations. 24.433.4. In no event shall the Contractor respond directly to a Request for Information unless expressly authorised to do so by the Authority. 24.533.5. The Contractor acknowledges that (notwithstanding the provisions of Clause Condition 24) the Authority may, acting in accordance with the Department of Constitutional Affairs‟ Code of Practice on the Discharge of Functions of Public Authorities under Part I of the Freedom of Information Xxx 0000 (the “Code”), be obliged under the FOI Act, or the Environmental Information Regulations or the Services to disclose Information:- 24.5.1. in certain circumstances without consulting with the Contractor, or 24.5.2. following consultation with the Contractor and having taken its views into account, provided always that where Clause 24.5.1 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractor‟s attention after any such disclosure

Freedom of Information. 24.1. 9.1 The Contractor Consultant acknowledges that the Authority is Client may be subject to the requirements of the Code Freedom of Practice on Access to Government Information, the FOI Act Information Xxx 0000 (FOIA) and the Environmental Information Regulations 2004 and shall assist and cooperate with the Authority Client (at no additional cost to the Contractor‟s expenseConsultancy Fee) to enable the Authority Client to comply with these Information disclosure obligationsrequirements. 24.2. 9.2 The Contractor shall and shall procure that its sub-contractors Consultant shall: 24.2.1 (a) transfer a request for information (as defined by Section 8 of the Request for Information FOIA) to the other Party Client as soon as practicable after receipt and in any event within two Working Days 2 [two] working days of receiving a Request request for Informationinformation; 24.2.2 (b) provide the Authority Client with a copy of all Information information in its possession or power in the form that the Authority Client requires within 5 [five] Working Days working days (or such other period as the Authority Client may specify) of the Authority Client requesting that Informationinformation; and 24.2.3 (c) provide all necessary assistance as reasonably requested by the Authority Client to enable the Authority Client to respond to a Request request for Information information within the time for compliance set out in section 10 of the FOI Act FOIA [or regulation 5 of the Environmental Information RegulationsRegulations 2004]. 24.3. 9.3 The Authority Client shall be responsible for determining in at its absolute discretion and notwithstanding whether any other provision in this Contract or any other contract whether information designated by the Commercially Sensitive Information Consultant to be commercially sensitive information and/or any other Information Information: (a) is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations.Regulations 2004; 24.4. In (b) is to be disclosed in response to a request for Information, and in no event shall the Contractor Consultant respond directly to a Request request for Information information unless expressly authorised to do so by the AuthorityClient. 24.5. 9.4 The Contractor Consultant acknowledges that (notwithstanding the provisions of Clause 24) the Authority Client may, acting in accordance with the Department Secretary of State for Constitutional Affairs‟ Affairs’ Code of Practice on the Discharge discharge of Functions of Public Authorities public authorities’ functions under Part I 1 of FOIA (issued under section 45 of the Freedom of Information Xxx 0000 (the “Code”FOIA), be obliged under the FOI Act, FOIA or the Environmental Information Regulations or the Services 2004 to disclose Information:-Information: 24.5.1. in certain circumstances (a) without consulting with the ContractorConsultant, or 24.5.2. (b) following consultation with the Contractor Consultant and having taken its views into account, provided always . 9.5 The Consultant shall ensure that where Clause 24.5.1 applies all Information produced in the Authority shall, in accordance with any recommendations course of the Code, take reasonable steps, where appropriate, to give the Contractor advanced notice, Contract or failing that, to draw the disclosure relating to the Contractor‟s attention after any Contract is retained for disclosure and shall permit the Client to inspect such disclosurerecords as requested from time to time.

Freedom of Information. 24.1. 21.1 The Contractor Supplier acknowledges that the Authority is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations and shall assist and cooperate co-operate with the Authority (at the Contractor‟s expense) to enable the Authority to comply with these its Information disclosure obligations. 24.2. 21.2 The Contractor Supplier shall and shall procure that its subSub-contractors Contractors shall: 24.2.1 21.2.1 transfer to the Request Authority all Requests for Information to the other Party that it receives as soon as practicable after receipt and in any event within two (2) Working Days of receiving a Request for Information; 24.2.2 (21.2.2 provide the Authority with a copy of all Information that is relevant to a Request for Information and in its control, possession or power power, in the form that the Authority requires requests within [five] five (5) Working Days (or such other period as the Authority may specify) of the Authority requesting that InformationAuthority's request; and 24.2.3 21.2.3 provide all necessary assistance as reasonably requested by the Authority to enable the Authority to respond to a the Request for Information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation 5 of the Environmental Information Regulations. 24.3. 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 contract agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations. 24.4. 21.4 In no event shall the Contractor Supplier respond directly to a Request for Information unless expressly authorised to do so by the Authoritywithout prior Approval. 24.5. 21.5 The Contractor Supplier acknowledges that (notwithstanding the provisions of this Clause 2421) the Authority may, acting in accordance with the Department Ministry of Constitutional Affairs‟ Code of Practice on the Discharge of Functions of Public Authorities under Part I of the Freedom of Information Xxx 0000 (the “Code”)Justice Codes, be obliged under the FOI Act, FOIA or the Environmental Information Regulations to disclose information concerning the Supplier or the Services to disclose Information:-Services: 24.5.1. 21.5.1 in certain circumstances without consulting with the Contractor, Supplier; or 24.5.2. 21.5.2 following consultation with the Contractor Supplier and having taken its the Supplier’s views into account, provided always that where this Clause 24.5.1 21.5 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor advanced Supplier advance notice, or failing that, to draw the disclosure to the Contractor‟s Supplier's attention after any such disclosure. 21.6 The Supplier shall ensure that all Information is retained for disclosure in accordance with Clause 15 (Records and Audit Access) and shall permit the Authority to inspect such records as requested from time to time. 21.7 The Supplier acknowledges that the Commercially Sensitive Information listed in Framework Schedule 7 (Commercially Sensitive Information) is of an indicative nature only and that the Authority may be obliged to disclose it in accordance with Clause 21.5.

Freedom of Information. 24.1. 31.1 The Contractor Provider acknowledges that the Authority Customer is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations and shall assist and cooperate with the Authority (at the Contractor‟s expense) Customer to enable the Authority them to comply with these its Information disclosure obligations. 24.2. 31.2 The Contractor Provider shall and shall procure that its employees, agents and sub-contractors shall: 24.2.1 31.2.1 transfer to the Request Customer all Requests for Information to the other Party that it receives as soon as practicable after receipt and in any event within two Working Days of receiving a Request for Information; 24.2.2 (31.2.2 provide the Authority Customer with a copy of all Information in its possession possession, or power in the form that the Authority Customer requires within [five] five Working Days (or such other period as the Authority Customer may specify) of the Authority requesting that InformationCustomer’s request; and 24.2.3 31.2.3 provide all necessary assistance as reasonably requested by the Authority Customer to enable the Authority Customer to respond to a the Request for Information within the time for compliance set out in section Section 10 of the FOI Act FOIA or regulation Regulation 5 of the Environmental Information Regulations. 24.3. 31.3 The Authority Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other contract agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations. 24.4. 31.4 In no event shall the Contractor Provider respond directly to a Request for Information unless expressly authorised to do so by the AuthorityCustomer. 24.5. 31.5 The Contractor Provider acknowledges that (notwithstanding the provisions of Clause 2431.2) the Authority 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 I 1 of the Freedom of Information Xxx 0000 (“the “Code”), be obliged under the FOI ActFOIA, or the Environmental Information Regulations or the Services to disclose Information:-information concerning the Provider of the Goods, Services and/or Works (if applicable): 24.5.1. 31.5.1 in certain circumstances without consulting with the Contractor, Provider; or 24.5.2. 31.5.2 following consultation with the Contractor Provider and having taken its their views into account, ; 31.5.3 provided always that where Clause 24.5.1 31.2 applies the Authority Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor Provider advanced notice, or failing that, to draw the disclosure to the Contractor‟s Provider’s attention after any such disclosure. 31.6 The Provider shall ensure that all Information is retained for disclosure and shall permit the Customer to inspect such records as requested from time to time. 31.7 The Provider acknowledges that the Commercially Sensitive Information listed in Schedule 6 is of indicative value only and that the Customer may be obliged to disclose it in accordance with Clause 31.5. The Provider shall comply with and shall ensure that its Staff comply with, the provisions of:- 32.1.1 the Official Secrets Acts 1911 to 1989; and Section 182 of the Finance Xxx 0000. 32.1.2 In the event that the Provider or its Staff fail to comply with this Clause, the Customer reserves the right to terminate the Contract by giving notice in writing to the Provider.

Freedom of Information. 24.1. 33.1 The Contractor SERVICE PROVIDER acknowledges that the Authority CUSTOMER is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations and shall assist and cooperate with the Authority (at the Contractor‟s expense) CUSTOMER to enable the Authority CUSTOMER to comply with these its Information disclosure obligations. 24.2. 33.2 The Contractor SERVICE PROVIDER shall and shall procure that its subSub-contractors Contractors shall: 24.2.1 33.2.1 transfer to the Request CUSTOMER all Requests for Information to the other Party that it receives as soon as practicable after receipt and in any event within two (2) Working Days of receiving a Request for Information; 24.2.2 (33.2.2 provide the Authority CUSTOMER with a copy of all Information in its possession possession, or power in the form that the Authority CUSTOMER requires within [five] five (5) Working Days (or such other period as the Authority CUSTOMER may specify) of the Authority requesting that InformationCUSTOMER’s request; and 24.2.3 33.2.3 provide all necessary assistance as reasonably requested by the Authority CUSTOMER to enable the Authority CUSTOMER to respond to a the Request for Information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation 5 of the Environmental Information Regulations. 24.3. 33.3 The Authority CUSTOMER shall be responsible for determining in its absolute discretion and notwithstanding whether any other provision in this Contract or any other contract whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations. 24.4. 33.4 In no event shall the Contractor SERVICE PROVIDER respond directly to a Request for Information unless expressly authorised to do so by the AuthorityCUSTOMER. 24.5. 33.5 The Contractor SERVICE PROVIDER acknowledges that (notwithstanding the provisions of Clause 24) the Authority CUSTOMER may, acting in accordance with the Department of Constitutional Affairs‟ Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part I 1 of the Freedom of Information Xxx 0000 (the “Code”)Act 2000, be obliged under to disclose Information without consulting or obtaining consent from the FOI ActSERVICE PROVIDER, or the Environmental Information Regulations or the Services to disclose Information:- 24.5.1. in certain circumstances without consulting with the Contractor, or 24.5.2. following consultation with the Contractor and despite having taken its the SERVICE PROVIDER’s views into account, provided always . 33.6 The SERVICE PROVIDER shall ensure that where Clause 24.5.1 applies all Information is retained for disclosure and shall permit the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, CUSTOMER to give the Contractor advanced notice, or failing that, inspect such records as requested from time to draw the disclosure to the Contractor‟s attention after any such disclosuretime.

Freedom of Information. 24.1. The Contractor acknowledges 24.1 This clause 24 shall only apply where the Customer is a public authority or body that is subject to the Authority provisions of the FOIA. 24.2 Where the Customer is subject to the requirements of the Code of Practice on Access to Government InformationFOIA, the FOI Act Supplier shall; 24.2.1 provide all necessary assistance and cooperation reasonably required by the Environmental Information Regulations and shall assist and cooperate with the Authority (at the Contractor‟s expense) Customer to enable the Authority Customer to comply with these Information disclosure obligations.its obligations under the FOIA; 24.2. The Contractor shall and shall procure that its sub-contractors shall: 24.2.1 24.2.2 transfer the Request for Information to the other Party Customer any Request For Information relating to this Contract that will fall under the FOIA, as soon as is reasonably practicable after receipt and in any event within two Working Days of receiving a Request for Informationthe Supplier to do so; 24.2.2 (24.2.3 provide the Authority Customer with a copy of all information belonging to the Customer referred to in the Request For Information which is in its its’ possession or power control in a form reasonable required by the form that Customer within 20 Business Days of receiving the Authority requires within [five] Working Days (or Customers’ request for such other period as the Authority may specify) of the Authority requesting that Informationinformation; and 24.2.3 provide all necessary assistance as reasonably requested by the Authority to enable the Authority to 24.2.4 not respond directly to a Request for For Information within made pursuant to the time for compliance set out FOIA unless authorised in writing to do so by the Customer. 24.3 The Supplier acknowledges that the Customer may be required under the FOIA to disclose Information (including Commercially Sensitive Information) without consulting or obtaining consent from the Supplier. The Customer shall take reasonable steps to notify the Supplier of a Request For Information (in accordance with the Secretary of State’s section 10 45 Code of Practice on the Discharge of the FOI Act or regulation 5 Functions of Public Authorities under Part 1 of the Environmental Information Regulations. 24.3. The Authority FOIA) to the extent that it is permissible and reasonably practical for it to do so but (notwithstanding any other provision in this Contract) the Customer shall be responsible for determining in its absolute discretion and notwithstanding whether any other provision in this Contract or any other contract whether the Commercially Sensitive Information and/or any other information is exempt from disclosure in accordance with the FOIA. 24.4 Unless the Customer is explicitly and directly required to disclose Commercially Sensitive Information belonging to the Supplier pursuant to the FOIA, the Customer will use their best endeavours to ensure that their response to a Request For Information does not include any Commercially Sensitive Information. 24.5 Notwithstanding any other term of this Contract, the Supplier consents to the publication of this Contract in its entirety (including variations), subject only to the redaction of information that is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information RegulationsFOIA. 24.4. In no event shall 24.6 The Customer shall, prior to publication, consult with the Contractor respond directly Supplier on the manner and format of publication and to a Request for Information unless expressly authorised to do so by the Authority. 24.5inform its decision regarding any redactions. The Contractor acknowledges that (notwithstanding the provisions of Clause 24) Supplier shall assist and co- operate with the Authority may, acting in accordance with to enable the Department of Constitutional Affairs‟ Code of Practice on the Discharge of Functions of Public Authorities under Part I of the Freedom of Information Xxx 0000 (the “Code”), be obliged under the FOI Act, or the Environmental Information Regulations or the Services Customer to disclose Information:- 24.5.1. in certain circumstances without consulting with the Contractor, or 24.5.2. following consultation with the Contractor and having taken its views into accountpublish this Contract if required, provided always that where Clause 24.5.1 applies the Authority shallreasonable costs incurred by the Supplier in complying with this clause 18, in accordance with any recommendations of will be met by the Code, take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractor‟s attention after any such disclosureCustomer.

Freedom of Information. 24.1. 17.1 The Contractor Consultant acknowledges that the Authority Council is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations and shall assist and cooperate with the Authority (at the Contractor‟s expense) Council to enable the Authority Council to comply with these its Information disclosure obligations. 24.2. 17.2 The Contractor Consultant shall and shall procure that its any sub-contractors shall: 24.2.1 consultants shall transfer to the Request Council all Requests for Information to the other Party that it receives as soon as practicable after receipt and in any event within two Working Days of receiving a Request for Information; 24.2.2 (a) provide the Authority Council with a copy of all Information in its possession possession, or power in the form that the Authority Council requires within [five] five Working Days (or such other period as the Authority Council may specify) of the Authority requesting that InformationCouncil's request; and 24.2.3 (b) provide all necessary assistance as reasonably requested by the Authority Council to enable the Authority Council to respond to a the Request for Information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation Regulation 5 of the Environmental Information Regulations. 24.3. 17.3 The Authority Council shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract Agreement or any other contract agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations. 24.4. 17.4 In no event shall the Contractor Consultant respond directly to a Request for Information unless expressly authorised to do so by the AuthorityCouncil. 24.5. 17.5 The Contractor Consultant acknowledges that (notwithstanding the provisions of Clause 2416) the Authority Council 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 I 1 of the Freedom of Information Xxx 0000 Act 2000 (“the “Code”), be obliged under the FOI ActFOIA, or the Environmental Information Regulations to disclose information concerning the Consultant or the Services to disclose Information:- 24.5.1. in certain circumstances circumstances: (a) without consulting with the Contractor, Consultant; or 24.5.2. (b) following consultation with the Contractor Consultant and having taken its their views into account, provided always that where Clause 24.5.1 ; (a) applies the Authority Council shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor Consultant advanced notice, or failing that, to draw the disclosure to the Contractor‟s Consultant’s attention after any such disclosure. 17.6 The Consultant shall ensure that all Information is retained for disclosure and shall permit the Council to inspect such records as requested from time to time.

Freedom of Information. 24.126.1. The Contractor Subcontractor acknowledges that the Authority is Client may be subject to the requirements of the Code Freedom of Practice on Access to Government InformationInformation Act 2000 (“FOIA”), the FOI Act and the Environmental Information Regulations and associated codes of practice and shall assist and cooperate with the Authority (at Company and the Contractor‟s expense) Client to enable the Authority each of them to comply with these Information their information disclosure obligations. 24.226.2. The Contractor Subcontractor shall and shall procure ensure that its sub-sub-contractors shall: 24.2.1 26.2.1. transfer to the Request Company all Requests for Information to the other Party that it receives as soon as practicable after receipt and in any event within two (2) Working Days of receiving a Request for Information; 24.2.2 (26.2.2. provide the Authority Company with a copy of all Information information in its possession or power in the form that the Authority Company or the Client requires within [five] five (5) Working Days (or such other period as the Authority Company or Client may specify) of the Authority requesting that InformationCompany’s request; and 24.2.3 26.2.3. provide all necessary assistance as reasonably requested by the Authority Company or the Client to enable the Authority Company or the Client to respond to a the Request for Information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation 5 of the Environmental Information Regulations. 24.326.3. The Authority Client shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract Agreement or any other contract agreement whether the Commercially Sensitive Information and/or any other Information information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government InformationFOIA, FOIA or the Environmental Information RegulationsRegulations and associated codes of practice and the parties are obliged to accept such determination by the Client. 24.426.4. In no event shall the Contractor Subcontractor respond directly to a Request for Information unless expressly authorised to do so by the AuthorityCompany. 24.526.5. The Contractor Subcontractor acknowledges to the Company that (notwithstanding the provisions of Clause 24) the Authority Client may, acting in accordance with any code of practice issued pursuant to Section 45 of FOIA (“the Department of Constitutional Affairs‟ Code of Practice on the Discharge of Functions of Public Authorities under Part I of the Freedom of Information Xxx 0000 (the “FOIA Code”), be obliged under the FOI ActFOIA, or the Environmental Information Regulations to disclose information concerning the Subcontractor or the Services to disclose Information:-Services: 24.5.126.5.1. in certain circumstances without consulting with the Contractor, orSubcontractor; 24.5.226.5.2. following consultation with the Contractor Subcontractor and having taken its their views into account, ; provided always that that, where Clause 24.5.1 applies 26.5.1 applies, the Authority shallCompany will use reasonable endeavours to ensure that the Client, in accordance with any recommendations of the FOIA Code, take takes reasonable steps, where appropriate, to give the Contractor Subcontractor advanced notice, or failing that, to draw the disclosure to the Contractor‟s Subcontractor’s attention after any such disclosure. 26.6. The Subcontractor shall ensure that all information is retained for disclosure in accordance with this sub- clause and the following sub-clause and shall permit the Company and the Client to inspect such Records as requested by the Client from time to time; 26.7. The Subcontractor shall, during the Term of this Agreement and for a period of at least seven years following the expiry or termination of this Agreement, retain and maintain all information and Records: 26.7.1. in accordance with Good Industry Practice and Legislative Requirements;

Freedom of Information. 24.1. 21.1 The Contractor acknowledges that the Authority is subject to the requirements of the Code of Practice on Access FOIA and the EIR and shall facilitate the Authority’s compliance with its Information disclosure requirements pursuant to Government Informationthe same and as provided for in this clause 21. 21.2 Where the Authority receives a Request for Information in relation to Information that the Contractor via the Authority or otherwise is holding and which the Authority does not hold itself, the FOI Act and the Environmental Information Regulations and shall assist and cooperate with the Authority (at the Contractor‟s expense) to enable the Authority to comply with these Information disclosure obligations. 24.2. The Contractor shall and shall procure that its sub-contractors shall: 24.2.1 transfer the may refer such Request for Information to the other Party as soon as practicable after receipt and Contractor in any event within two Working Days of receiving a Request for Information;which case the Contractor shall: 24.2.2 (21.2.1 provide the Authority with a copy of all such Information (to the extent only that such Information is held or required to be held by the Contractor in its possession or power order to fulfil any obligation under this Framework Agreement) in the form that the Authority reasonably requires as soon as practicable and in any event within [five] five (5) Working Days (or such other period as the Authority acting reasonably may specify) of the Authority requesting that InformationAuthority’ request; and 24.2.3 21.2.2 provide all necessary assistance as reasonably requested by the Authority in connection with any such Information, to enable the Authority to respond to a Request for Information within the time for compliance set out in section Section 10 of the FOI Act FOIA or regulation Regulation 5 of the Environmental Information RegulationsEIR. 24.3. The 21.3 Following notification under clause 21.2, and up until such time as the Contractor has provided the Authority with all the Information specified in clause 21.2, the Contractor may make representations to the Authority as to whether or not or on what basis Information requested should be disclosed, and whether further information should reasonably be provided in order to identify and locate the Information requested, provided always that the Authority shall be responsible for determining in its at their absolute discretion and notwithstanding any other provision in this Contract or any other contract discretion: 21.3.1 whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure under the FOIA and the EIR; 21.3.2 whether Information is to be disclosed in accordance with the provisions of the Code of Practice on Access response to Government a Request for Information, FOIA or the Environmental Information Regulations.; and 24.4. In 21.3.3 in no event shall the Contractor respond directly directly, or allow any Contractor Party to respond directly, to a Request for Information unless expressly authorised to do so by the Authority. 24.521.4 The Contractor shall transfer to the Authority’s Representative any Request for Information received by it as soon as practicable and in any event within two (2) Working Days of receiving it and shall immediately thereafter notify the Authority of the date on which any such Request for Information was received by the Contractor and the date on which it was transferred to the Authority. 21.5 The Contractor acknowledges that any lists provided by it listing or outlining Confidential Information are of indicative value only and that the Authority may nevertheless be obliged to disclose Confidential Information pursuant to their obligations under the FOIA and / or EIR. 21.6 In the event of a request from the Authority pursuant to clause 21.2 above, the Contractor shall as soon as practicable, and in any event within three (3) Working Days of receipt of such request, inform the Authority of the Contractor’s estimated costs of complying with the request to the extent these would be recoverable if incurred by the Authority under Section 9 and / or 13(1) of the FOIA and the Fees Regulations. The Authority shall reimburse the Contractor for such costs as the Contractor reasonably incurs in complying with the request to the extent the Authority is itself entitled to reimbursement of such costs as set out in this clause 21.6. 21.7 The Contractor acknowledges that (notwithstanding the provisions of Clause 24clause 20 (Confidentiality) and clause 21 (Freedom of Information) the Authority may, acting in accordance with the Department of Constitutional Affairs‟ Code of Practice on the Discharge of Functions of Public Authorities under Part I of the Freedom of Information Xxx 0000 (the “Code”), be obliged under the FOI ActFOIA, or the Environmental Information Regulations or the Services EIR to disclose Information:-Information concerning the Contractor or any Services: 24.5.1. 21.7.1 in certain circumstances without consulting with the Contractor, ; or 24.5.2. 21.7.2 following consultation with the Contractor and having taken its views into account, provided always that where Clause 24.5.1 applies clause 21.7 applies, the Authority shall, where reasonably practicable, draw this to the attention of the Contractor prior to any disclosure in accordance with any the recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractor‟s attention after any such disclosure.

Freedom of Information. 24.1. 15.1 The Contractor Borrower acknowledges that the Authority Council is subject to the requirements of the "Code of Practice on Access to Government Information", the FOI Act FOIA and the Environmental Information Regulations and shall the Borrower agrees to assist and cooperate with the Authority (at the Contractor‟s expense) Council to enable the Authority it to comply with these its Information disclosure obligations. 24.2. The Contractor 15.2 Where the Borrower receives a Request for Information in relation to the Council, the Borrower shall and shall procure that its any relevant sub-contractors shall: 24.2.1 transfer the Request for Information to the other Party as soon as practicable after receipt 15.2.1 immediately and in any event within two (2) Working Days of receiving a Request for InformationInformation pass the Request for Information to the Council; 24.2.2 (15.2.2 provide the Authority Council with a copy of all Information in its possession or power in the form that the Authority Council requires within [five] three (3) Working Days (or such other period as the Authority Council may specify) of the Authority requesting that Request for Information; and 24.2.3 15.2.3 provide all necessary assistance as reasonably requested by the Authority Council to enable the Authority Council to respond to a the Request for Information within the time for compliance set out in section Section 10 of the FOI Act FOIA or regulation Regulation 5 of the Environmental Information RegulationsRegulations (as applicable). 24.3. 15.3 The Authority Borrower acknowledges and agrees that the Council shall be responsible for determining in its absolute discretion and (notwithstanding any other provision in this Contract Agreement or any other contract agreement) whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations. 24.4. In no event shall the Contractor respond directly to a Request for Information unless expressly authorised to do so by the Authority. 24.5. 15.4 The Contractor Borrower acknowledges and agrees that (notwithstanding the provisions of this Clause 2415 (Freedom of Information)) the Authority may, Council may acting in accordance with the Department of Constitutional Affairs‟ Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part I 1 of the Freedom of Information Xxx 0000 FOIA (the “"Code”), ) be obliged under the FOI Act, FOIA or the Environmental Information Regulations to disclose information concerning the Borrower or the Services to disclose Information:-Project Activities: 24.5.1. 15.4.1 in certain circumstances without consulting with the Contractor, Borrower; or 24.5.2. 15.4.2 following consultation with the Contractor Borrower and having taken its views into account, provided always that where Clause 24.5.1 15.4.1 applies the Authority shall, Council shall in accordance with any recommendations of the Code, Code take reasonable steps, where appropriate, steps to give the Contractor Borrower advanced notice, or failing that, to that draw the disclosure to the Contractor‟s Borrower's attention after any such disclosure.

Freedom of Information. 24.1. 10.1 The Contractor Recipient acknowledges that the Authority Funder is subject to the requirements of the Code Freedom of Practice on Access to Government Information, the FOI Act Information Xxx 0000 (FOIA) and the Environmental Information Regulations 2004 and shall assist and cooperate co-operate with the Authority Funder (at the Contractor‟s Recipient's expense) to enable the Authority Funder to comply with these Information information disclosure obligationsrequirements. 24.2. 10.2 The Contractor shall and shall procure that its sub-contractors Recipient shall: 24.2.1 (a) transfer the Request request for Information information to the other Party Funder as soon as practicable after receipt and in any event within two [two] Working Days of receiving a Request request for Informationinformation; 24.2.2 (b) provide the Authority Funder with a copy of all Information information in its possession or power in the form that the Authority Funder requires within [five] Working Days working days (or such other period as the Authority Funder may specify) of the Authority Funder requesting that Informationinformation; and 24.2.3 (c) provide all necessary assistance as reasonably requested by the Authority Funder to enable the Authority Funder to respond to a Request request for Information information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation 5 of the Environmental Information RegulationsRegulations 2004. 24.3. 10.3 The Authority Funder shall be responsible for determining in at its absolute discretion and notwithstanding any other provision in this Contract or any other contract whether the Commercially Sensitive Information and/or any other Information information: (a) is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations.Regulations 2004; 24.4. In (b) is to be disclosed in response to a request for information, and in no event shall the Contractor Recipient respond directly to a Request request for Information information unless expressly authorised to do so by the AuthorityFunder. 24.5. 10.4 In no event shall the Recipient respond directly to a request for information unless expressly authorised to do so by the Funder. 10.5 The Contractor Recipient acknowledges that (notwithstanding the provisions of Clause 24) the Authority Funder may, acting in accordance with the Department Secretary of State for Constitutional Affairs‟ Affairs' Code of Practice on the Discharge discharge of Functions of Public Authorities public authorities' functions under Part I 1 of FOIA (issued under section 45 of the Freedom of Information Xxx 0000 (the “Code”FOIA, November 2004), be obliged under the FOI Act, FOIA or the Environmental Information Regulations or the Services 2004 to disclose Information:-information: 24.5.1. in certain circumstances (a) without consulting with the Contractor, Recipient; or 24.5.2. (b) following consultation with the Contractor Recipient and having taken its views into account, provided always that where Clause 24.5.1 clause 10.5(b) applies the Authority Funder shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor Recipient advanced notice, or failing that, to draw the disclosure to the Contractor‟s Recipient's attention after any such disclosure. 10.6 The Recipient shall ensure that all information produced in the course of the Agreement or relating to the Agreement is retained for disclosure and shall permit the Funder to inspect such records as requested from time to time.

Freedom of Information. 24.1. Co-operation by Operator with information disclosure requests 25.1 The Contractor Operator acknowledges that the Authority Secretary of State is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations and shall assist and cooperate co- operate with the Authority (at the Contractor‟s expense) Secretary of State to enable the Authority Secretary of State to comply with these Information her information disclosure obligationsobligations to the extent that they relate to information related to this Agreement. 24.2. 25.2 The Contractor shall and shall procure that its sub-contractors Operator shall: 24.2.1 (A) transfer the Request all Requests for Information to the other Party Secretary of State as soon as practicable after receipt and in any event within two Working Days of receiving a Request for Information; 24.2.2 (provide the Authority with a copy of all Information in its possession or power in the form that the Authority requires within [five] Working Days (or such other period as the Authority may specify) of the Authority requesting that Information; and 24.2.3 provide all necessary assistance as reasonably requested by the Authority to enable the Authority to respond to a Request for Information within the time for compliance set out in section 10 of the FOI Act or regulation 5 of the Environmental Information Regulations. 24.3. The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other contract whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations. 24.4. In no event shall the Contractor not respond directly to a Request for Information unless expressly authorised to do so by the AuthoritySecretary of State other than to inform the sender of such request that its Request for Information must be sent directly to the Secretary of State; (B) provide the Secretary of State with a copy of all information in its possession, or power, in the form that the Secretary of State reasonably requires to respond to such Request for Information as soon as practicable and in any event within five (5) Business Days (or such other period as the Secretary of State may reasonably specify) of the Secretary of State's request; and (C) provide all necessary assistance as reasonably requested by the Secretary of State to enable the Secretary of State to respond to the Request for Information within the time for compliance set out in the FOIA or the Environmental Information Regulations, as applicable. 24.5. The Contractor acknowledges that 25.3 If the Secretary of State is requested to disclose any information relating to the Operator and to this Agreement pursuant to a Request for Information, the Secretary of State shall (notwithstanding to the provisions extent practicable and permissible under the FOIA, the Environmental Information Regulations and any guidance then in force applicable to the Secretary of Clause 24State): (A) inform the Authority mayOperator as soon as practicable after receipt and in any event within five (5) Business Days of receiving such a request; (B) before making a disclosure pursuant to a Request for Information, acting allow the Operator to have a reasonable opportunity to make representations to the Secretary of State whether the information is exempt from disclosure in accordance with the Department of Constitutional Affairs‟ Code of Practice on the Discharge of Functions of Public Authorities under Part I provisions of the Freedom of Information Xxx 0000 (the “Code”), be obliged under the FOI Act, FOIA or the Environmental Information Regulations Regulations, as applicable, and on what basis information should be disclosed. 25.4 Notwithstanding Clause 25.3, the Secretary of State shall be responsible for determining, in her sole and absolute discretion and notwithstanding any other provision in this Agreement or the Services to disclose Information:- 24.5.1. in certain circumstances without consulting with the Contractorany other agreement, or 24.5.2. following consultation with the Contractor and having taken its views into account, provided always that where Clause 24.5.1 applies the Authority shall, whether any information is exempt from disclosure in accordance with any recommendations the provisions of the CodeFOIA or the Environmental Information Regulations, take reasonable stepsas applicable, where appropriateand whether any information is to be disclosed in response to a Request for Information. 25.5 If the Secretary of State determines that disclosure pursuant to the FOIA or the Environmental Information Regulations, as applicable, is required and the Operator has objected to such disclosure or the extent of the proposed disclosure, the Secretary of State shall give the Contractor advanced notice, or failing that, to draw the Operator as much prior notice as is reasonably practicable before such disclosure to the Contractor‟s attention after any such disclosurebeing made.

Freedom of Information. 24.1. The Contractor SERVICE PROVIDER acknowledges that the Authority CUSTOMER is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations and shall assist and cooperate with the Authority (at the Contractor‟s expense) CUSTOMER to enable the Authority CUSTOMER to comply with these its Information disclosure obligations. 24.2. The Contractor SERVICE PROVIDER shall and shall procure that its subSub-contractors Contractors shall: 24.2.1 : transfer to the Request CUSTOMER all Requests for Information to the other Party that it receives as soon as practicable after receipt and in any event within two (2) Working Days of receiving a Request for Information; 24.2.2 (; provide the Authority CUSTOMER with a copy of all Information in its possession possession, or power in the form that the Authority CUSTOMER requires within [five] five (5) Working Days (or such other period as the Authority CUSTOMER may specify) of the Authority requesting that InformationCUSTOMER’s request; and 24.2.3 and provide all necessary assistance as reasonably requested by the Authority CUSTOMER to enable the Authority CUSTOMER to respond to a the Request for Information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation 5 of the Environmental Information Regulations. 24.3. The Authority CUSTOMER shall be responsible for determining in its absolute discretion and notwithstanding whether any other provision in this Contract or any other contract whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations. 24.4. In no event shall the Contractor SERVICE PROVIDER respond directly to a Request for Information unless expressly authorised to do so by the Authority. 24.5CUSTOMER. The Contractor SERVICE PROVIDER acknowledges that (notwithstanding the provisions of Clause 24) the Authority CUSTOMER may, acting in accordance with the Department of Constitutional Affairs‟ Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part I 1 of the Freedom of Information Xxx 0000 (the “Code”)0000, be obliged under to disclose Information without consulting or obtaining consent from the FOI ActSERVICE PROVIDER, or the Environmental Information Regulations or the Services to disclose Information:- 24.5.1. in certain circumstances without consulting with the Contractor, or 24.5.2. following consultation with the Contractor and despite having taken its the SERVICE PROVIDER’s views into account, provided always . The SERVICE PROVIDER shall ensure that where Clause 24.5.1 applies all Information is retained for disclosure and shall permit the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, CUSTOMER to give the Contractor advanced notice, or failing that, inspect such records as requested from time to draw the disclosure to the Contractor‟s attention after any such disclosuretime.

Freedom of Information. 24.126.1. The Contractor Subcontractor acknowledges that the Authority is Client may be subject to the requirements of the Code Freedom of Practice on Access to Government InformationInformation Act 2000 (“FOIA”), the FOI Act and the Environmental Information Regulations and associated codes of practice and shall assist and cooperate with the Authority (at Company and the Contractor‟s expense) Client to enable the Authority each of them to comply with these Information their information disclosure obligations. 24.226.2. The Contractor Subcontractor shall and shall procure ensure that its sub-sub-contractors shall: 24.2.1 26.2.1. transfer to the Request Company all Requests for Information to the other Party that it receives as soon as practicable after receipt and in any event within two (2) Working Days of receiving a Request for Information; 24.2.2 (26.2.2. provide the Authority Company with a copy of all Information information in its possession or power in the form that the Authority Company or the Client requires within [five] five (5) Working Days (or such other period as the Authority Company or Client may specify) of the Authority requesting that InformationCompany’s request; and 24.2.3 26.2.3. provide all necessary assistance as reasonably requested by the Authority Company or the Client to enable the Authority Company or the Client to respond to a the Request for Information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation 5 of the Environmental Information Regulations. 24.326.3. The Authority Client shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract Agreement or any other contract agreement whether the Commercially Sensitive Information and/or any other Information information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government InformationFOIA, FOIA or the Environmental Information RegulationsRegulations and associated codes of practice and the parties are obliged to accept such determination by the Client. 24.426.4. In no event shall the Contractor Subcontractor respond directly to a Request for Information unless expressly authorised to do so by the AuthorityCompany. 24.526.5. The Contractor Subcontractor acknowledges to the Company that (notwithstanding the provisions of Clause 24) the Authority Client may, acting in accordance with any code of practice issued pursuant to Section 45 of FOIA (“the Department of Constitutional Affairs‟ Code of Practice on the Discharge of Functions of Public Authorities under Part I of the Freedom of Information Xxx 0000 (the “FOIA Code”), be obliged under the FOI ActFOIA, or the Environmental Information Regulations to disclose information concerning the Subcontractor or the Services to disclose Information:-Services: 24.5.126.5.1. in certain circumstances without consulting with the Contractor, orSubcontractor; 24.5.226.5.2. following consultation with the Contractor Subcontractor and having taken its their views into account, ; provided always that that, where Clause 24.5.1 applies 26.5.1 applies, the Authority shallCompany will use reasonable endeavours to ensure that the Client, in accordance with any recommendations of the FOIA Code, take takes reasonable steps, where appropriate, to give the Contractor Subcontractor advanced notice, or failing that, to draw the disclosure to the Contractor‟s Subcontractor’s attention after any such disclosure. 26.6. The Subcontractor shall ensure that all information is retained for disclosure in accordance with this sub- clause and the following sub-clause and shall permit the Company and the Client to inspect such Records as requested by the Client from time to time; 26.7. The Subcontractor shall, during the Term of this Agreement and for a period of at least seven years following the expiry or termination of this Agreement, retain and maintain all information and Records: 26.7.1. in accordance with Good Industry Practice and Legislative Requirements; 26.7.2. in chronological order; 26.7.3. in a form that is capable of audit; 26.7.4. at its own expense. 26.8. Wherever practical, original information shall be retained and maintained in hard copy form.

Freedom of Information. 24.1. 21.1 The Contractor Supplier acknowledges that the Authority is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations and shall assist and cooperate co-operate with the Authority (at the Contractor‟s expense) to enable the Authority to comply with these its Information disclosure obligations. 24.2. 21.2 The Contractor Supplier shall and shall procure that its subSub-contractors Contractors shall: 24.2.1 21.2.1 transfer to the Request Authority all Requests for Information to the other Party that it receives as soon as practicable after receipt and in any event within two (2) Working Days of receiving a Request for Information; 24.2.2 (21.2.2 provide the Authority with a copy of all Information that is relevant to a Request for Information and in its control, possession or power power, in the form that the Authority requires requests within [five] five (5) Working Days (or such other period as the Authority may specify) of the Authority requesting that InformationAuthority's request; and 24.2.3 21.2.3 provide all necessary assistance as reasonably requested by the Authority to enable the Authority to respond to a the Request for Information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation 5 of the Environmental Information Regulations. 24.3. 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 contract agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations. 24.4. 21.4 In no event shall the Contractor Supplier respond directly to a Request for Information unless expressly authorised to do so by the Authoritywithout prior Approval. 24.5. 21.5 The Contractor Supplier acknowledges that (notwithstanding the provisions of this Clause 2421) the Authority may, acting in accordance with the Department Ministry of Constitutional Affairs‟ Code of Practice on the Discharge of Functions of Public Authorities under Part I of the Freedom of Information Xxx 0000 (the “Code”)Justice Codes, be obliged under the FOI Act, FOIA or the Environmental Information Regulations to disclose information concerning the Supplier or the Services to disclose Information:-Services: 24.5.1. 21.5.1 in certain circumstances without consulting with the Contractor, Supplier; or 24.5.2. 21.5.2 following consultation with the Contractor Supplier and having taken its the Supplier’s views into account, provided always that where this Clause 24.5.1 21.5 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor advanced Supplier advance notice, or failing that, to draw the disclosure to the Contractor‟s Supplier's attention after any such disclosure. 21.6 The Supplier shall ensure that all Information is retained for disclosure in accordance with Clause 15 (Records and Audit Access) and shall permit the Authority to inspect such records as requested from time to time. 21.7 The Supplier acknowledges that the Commercially Sensitive Information listed in Framework Schedule 8 (Commercially Sensitive Information) is of an indicative nature only and that the Authority may be obliged to disclose it in accordance with Clause 21.5.

Freedom of Information. 24.1. 19.1 The Contractor Service Provider acknowledges that the Authority Customer is subject to the requirements of the Code Freedom of Practice on Access to Government Information, the FOI Information Act (FOIA) and the Environmental Information Regulations and shall assist and cooperate co-operate with the Authority Customer (at the Contractor‟s Service Provider's expense) to enable the Authority Customer to comply with these Information information disclosure obligationsrequirements. 24.2. 19.2 The Contractor shall Service Provider shall, and shall procure ensure that its sub-contractors subcontractors shall: 24.2.1 (a) on receipt of a Request for Information, transfer the Request for Information to the other Party Customer as soon as practicable after receipt and in any event within two five (5) Working Days of receiving a Request for Informationreceipt; 24.2.2 (b) provide the Authority Customer with a copy of all Information information in its possession or power in the form that the Authority Customer requires within [five] five (5) Working Days (or such other period as the Authority Customer may specify) of the Authority Customer requesting that Informationinformation; and 24.2.3 (c) provide all necessary assistance as reasonably requested by the Authority Customer to enable the Authority Customer to respond to a Request for Information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation 5 of the Environmental Information Regulations. 24.3. 19.3 The Authority Customer shall be responsible for determining in at its absolute discretion and notwithstanding any other provision in this Contract or any other contract whether the Commercially Sensitive Information and/or any other Information information: (a) is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations; and/or (b) is to be disclosed in response to a Request for Information. 24.4. 19.4 In no event shall the Contractor Service Provider respond directly to a Request for Information unless expressly authorised to do so by the AuthorityCustomer. 24.5. 19.5 The Contractor Service Provider acknowledges that (notwithstanding the provisions of Clause 24) the Authority Customer may, acting in accordance with the Department Secretary of State for Constitutional Affairs‟ Affairs' Code of Practice on the Discharge discharge of Functions of Public Authorities public authorities' functions under Part I 1 of FOIA (issued under section 45 of the Freedom of Information Xxx 0000 (the “Code”FOIA, November 2004), be obliged under the FOI Act, FOIA or the Environmental Information Regulations or the Services to disclose Information:-Information: 24.5.1. in certain circumstances (a) without consulting with the Contractor, Service Provider; or 24.5.2. (b) following consultation with the Contractor Service Provider and having taken its views into account, provided always that where Clause 24.5.1 19.4 applies the Authority Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor Service Provider advanced notice, or failing that, to draw the disclosure to the Contractor‟s Service Provider's attention after any such disclosure. 19.6 The Service Provider shall ensure that all information produced in the course of this Contract or relating to this Contract is retained for disclosure and shall permit the Customer to inspect such records as requested from time to time. 19.7 The Service Provider acknowledges that any lists or schedules provided by it outlining confidential information are of indicative value only and that the Customer may nevertheless be obliged to disclose confidential information in accordance with this Clause 19.

Freedom of Information. 24.1. The Contractor acknowledges Recipient and XXXXX Ltd acknowledge that the Authority Accountable Body is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act Legislation and the Environmental Information Regulations 2004 and each party shall assist and cooperate co-operate with the Authority Accountable Body (at the Contractor‟s their own expense) to enable the Authority Accountable Body to comply with these Information information disclosure obligations. 24.2requirements. The Contractor shall Recipient and shall procure that its sub-contractors XXXXX Ltd shall: 24.2.1 (a) transfer the Request request for Information information to the other Party Accountable Body as soon as practicable after receipt and in any event within two 2 (two) Working Days of receiving a Request request for Informationinformation; 24.2.2 (b) provide the Authority Accountable Body with a copy of all Information information in its possession or power in the form that the Authority Accountable Body requires within [5 (five] ) Working Days (or such other period as the Authority Accountable Body may specify) of the Authority Accountable Body requesting that Informationinformation; and 24.2.3 (c) provide all necessary assistance as reasonably requested by the Authority Accountable Body to enable the Authority Accountable Body to respond to a Request request for Information information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation 5 of the Environmental Information Regulations. 24.3Regulations 2004. The Authority Accountable Body shall be responsible for determining in at its absolute discretion and notwithstanding any other provision in this Contract or any other contract whether the Commercially Sensitive Information and/or any other Information information: (a) is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations.Regulations 2004; 24.4. (b) is to be disclosed in response to a request for information In no event shall the Contractor Recipient or XXXXX Ltd respond directly to a Request request for Information information unless expressly authorised to do so by the Authority. 24.5Accountable Body. The Contractor acknowledges Recipient and XXXXX Ltd acknowledge that (notwithstanding the provisions of Clause 24) the Authority Accountable Body may, acting in accordance with the Department Secretary of State for Constitutional Affairs‟ Affairs' Code of Practice on the Discharge discharge of Functions of Public Authorities public authorities' functions under Part I 1 of FOIA (issued under section 45 of the Freedom of Information Xxx 0000 (the “Code”FOIA, November 2004), be obliged under the FOI Act, FOIA or the Environmental Information Regulations or the Services 2004 to disclose Information:-information: 24.5.1. in certain circumstances (a) without consulting with the Contractor, Recipient; or 24.5.2. (b) following consultation with the Contractor Recipient and having taken its views into account, provided always that where Clause 24.5.1 clause 10.5(b) applies the Authority Accountable Body shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor Recipient advanced notice, or failing that, to draw the disclosure to the Contractor‟s Recipient's attention after any such disclosure. The Recipient shall ensure that all information produced in the course of the Agreement or relating to the Agreement is retained for disclosure and shall permit the Accountable Body and XXXXX Ltd to inspect such records as requested from time to time.

Freedom of Information. 24.1. 23.1 The Contractor Supplier acknowledges that the Authority is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations and shall assist and cooperate co-operate with the Authority (at the Contractor‟s expense) to enable the Authority to comply with these its Information disclosure obligations. 24.2. 23.2 The Contractor Supplier shall and shall procure that its subSub-contractors Contractors shall: 24.2.1 23.2.1 transfer to the Request Authority all Requests for Information to the other Party that it receives as soon as practicable after receipt and in any event within two (2) Working Days of receiving a Request for Information; 24.2.2 (23.2.2 provide the Authority with a copy of all Information Information, relevant to a Request for Information, in its control, possession or power power, in the form that the Authority requires requests within [five] five (5) Working Days (or such other period as the Authority may specify) of the Authority requesting that InformationAuthority's request; and 24.2.3 23.2.3 provide all necessary assistance as reasonably requested by the Authority to enable the Authority to respond to a the Request for Information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation 5 of the Environmental Information Regulations. 24.3. 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 contract agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations. 24.4. 23.4 In no event shall the Contractor Supplier respond directly to a Request for Information unless expressly authorised to do so by the Authority. 24.5. 23.5 The Contractor Supplier acknowledges that (notwithstanding the provisions of this Clause 2423) 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 I 1 of the Freedom of Information Xxx 0000 Act 2000 ("the “Code”"), be obliged under the FOI ActFOIA, or the Environmental Information Regulations to disclose information concerning the Supplier or the Services to disclose Information:-Services: 24.5.1. 23.5.1 in certain circumstances without consulting with the Contractor, Supplier; or 24.5.2. 23.5.2 following consultation with the Contractor Supplier and having taken its their views into account, provided always that where this Clause 24.5.1 23.5 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor Supplier advanced notice, or failing that, to draw the disclosure to the Contractor‟s Supplier's attention after any such disclosure. 23.6 The Supplier shall ensure that all Information is retained for disclosure in accordance with Clause 17 (Records and Audit Access) and shall permit the Authority to inspect such records as requested from time to time. 23.7 The Supplier acknowledges that the Commercially Sensitive Information listed in Framework Agreement Schedule 12 (Commercially Sensitive Information) is of indicative value only and that the Authority may be obliged to disclose it in accordance with Clause 23.5.

Freedom of Information. 24.1. The Contractor CONTRACTOR acknowledges that the Authority AUTHORITY is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act and the Environmental Information Regulations and shall assist and cooperate with the Authority AUTHORITY (at the Contractor‟s CONTRACTOR’s expense) to enable the Authority AUTHORITY to comply with these Information disclosure obligations. 24.2. The Contractor CONTRACTOR shall and shall procure that its sub-contractors shall: 24.2.1 transfer Transfer the Request for Information to the other Party as soon as practicable after receipt and in any event within two Working Days of receiving a Request for Information; 24.2.2 (provide the Authority AUTHORITY with a copy of all Information in its possession or power in the form that the Authority AUTHORITY requires within [five] Working Days five working days (or such other period as the Authority AUTHORITY may specify) of the Authority AUTHORITY requesting that Information; and 24.2.3 provide Provide all necessary assistance as reasonably requested by the Authority AUTHORITY to enable the Authority AUTHORITY to respond to a Request for Information within the time for compliance set out in section 10 of the FOI Act or regulation 5 of the Environmental Information Regulations. 24.3. The Authority AUTHORITY shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other contract whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations. 24.4. In no event shall the Contractor CONTRACTOR respond directly to a Request for Information unless expressly authorised to do so by the AuthorityAUTHORITY. 24.5. The Contractor CONTRACTOR acknowledges that (notwithstanding the provisions of Clause 24) this Condition the Authority AUTHORITY may, acting in accordance with the Department of Constitutional Affairs‟ Affairs’ Code of Practice on the Discharge of Functions of Public Authorities under Part I of the Freedom of Information Xxx 0000 (the “Code”), be obliged under the FOI Act, or the Environmental Information Regulations or the Services to disclose Information:- 24.5.124.5 1. in certain circumstances without consulting with the ContractorCONTRACTOR, or 24.5.2. following consultation with the Contractor and having taken its views into account, provided always that where Clause 24.5.1 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractor‟s attention after any such disclosure

Freedom of Information. 24.1. 29.1 The Contractor CONTRACTOR acknowledges that the Authority CUSTOMER is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations and shall assist and cooperate with the Authority (at the Contractor‟s expense) CUSTOMER to enable the Authority CUSTOMER to comply with these its Information disclosure obligations. 24.2. The Contractor 29.2 CONTRACTOR shall and shall procure that its subSub-contractors Contractors shall: 24.2.1 29.2.1 transfer to the Request CUSTOMER all Requests for Information to the other Party that it receives as soon as practicable after receipt and in any event within two (2) Working Days of receiving a Request for Information; 24.2.2 (29.2.2 provide the Authority CUSTOMER with a copy of all Information in its possession possession, or power in the form that the Authority CUSTOMER requires within [five] five (5) Working Days (or such other period as the Authority CUSTOMER may specify) of the Authority requesting that InformationCUSTOMER’s request; and 24.2.3 29.2.3 provide all necessary assistance as reasonably requested by the Authority CUSTOMER to enable the Authority CUSTOMER to respond to a the Request for Information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation 5 of the Environmental Information Regulations. 24.3. 29.3 The Authority CUSTOMER shall be responsible for determining in its absolute discretion and notwithstanding whether any other provision in this Contract or any other contract whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations. 24.4. 29.4 In no event shall the Contractor CONTRACTOR respond directly to a Request for Information unless expressly authorised to do so by the AuthorityCUSTOMER. 24.5. 29.5 The Contractor CONTRACTOR acknowledges that (notwithstanding the provisions of Clause 24) the Authority CUSTOMER may, acting in accordance with the Department of Constitutional Affairs‟ Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part I 1 of the Freedom of Information Xxx 0000 (the “Code”)Act 2000, be obliged under to disclose Information without consulting or obtaining consent from the FOI ActCONTRACTOR, or the Environmental Information Regulations or the Services to disclose Information:- 24.5.1. in certain circumstances without consulting with the Contractor, or 24.5.2. following consultation with the Contractor and despite having taken its the CONTRACTOR’s views into account, provided always . 29.6 The CONTRACTOR shall ensure that where Clause 24.5.1 applies all Information is retained for disclosure and shall permit the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, CUSTOMER to give the Contractor advanced notice, or failing that, inspect such records as requested from time to draw the disclosure to the Contractor‟s attention after any such disclosuretime.

Freedom of Information. 24.1. 13.1 The Contractor BID Company acknowledges that the Local Authority is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations and shall assist and cooperate co-operate with the Authority (at the Contractor‟s BID Company's expense) to enable the Local Authority to comply with these Information information disclosure obligationsrequirements. 24.2. 13.2 The Contractor BID Company shall and shall procure that its subSub-contractors Contractors shall: 24.2.1 13.2.1 transfer the Request for Information to the other Party Local Authority as soon as practicable after receipt and in any event within two Working Days of receiving a Request for Information; 24.2.2 (13.2.2 provide the Local Authority with a copy of all Information in its possession or power in the form that the Local Authority requires within [five] five Working Days (or such other period as the Local Authority may specify) of the Local Authority requesting that Information; and 24.2.3 13.2.3 provide all necessary assistance as reasonably requested by the Local Authority to enable the Local Authority to respond to a Request for Information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation 5 of the Environmental Information Regulations. 24.3. 13.3 The Local Authority shall be responsible for determining in at its absolute discretion and notwithstanding any other provision in this Contract or any other contract whether the Commercially Sensitive Information and/or any other Information Information: 13.3.1 is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations; and/or 13.3.2 is to be disclosed in response to a Request for Information. 24.4. 13.4 In no event shall the Contractor BID Company respond directly to a Request for Information unless expressly authorised to do so by the Local Authority. 24.5. 13.5 The Contractor BID Company acknowledges that (notwithstanding the provisions of Clause 24) the Local Authority may, acting in accordance with the Department Secretary of State for Constitutional Affairs‟ Affairs' Code of Practice on the Discharge of Functions of Public Authorities under Part I of the Freedom of Information Xxx 0000 (the “Code”) on the discharge of public authorities' functions under Part 1 of the FOIA (issued under section 45 of the FOIA, November 2004), be obliged under the FOI Act, FOIA or the Environmental Information Regulations or the Services to disclose Information:-Information: 24.5.1. in certain circumstances 13.5.1 without consulting with the Contractor, BID Company; or 24.5.2. 13.5.2 following consultation with the Contractor BID Company and having taken its views into account, provided always that where Clause 24.5.1 clause 13.5.2 applies the Local Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor BID Company advanced notice, or failing that, to draw the disclosure to the Contractor‟s BID Company's attention after any such disclosure. 13.6 The BID Company shall ensure that all Information produced in the course of the agreement or relating to the agreement is retained for disclosure and shall permit the Local Authority to inspect such records as requested from time to time. 13.7 The BID Company acknowledges that any lists or schedules provided by it outlining Confidential Information are of indicative value only and that the Local Authority may nevertheless be obliged to disclose Confidential Information in accordance with clause 13.5.

Freedom of Information. 24.1. 4.1 The Contractor acknowledges that the Authority Trust is subject to the requirements of, and that the provisions of paragraph Error! Reference source not found. of this Schedule 4 are subject to the Code of Practice on Access to Government InformationTrust’s obligations under the Codes, the FOI Act FOIA and the Environmental Information Regulations EIR and the Contractor shall assist and cooperate with the Authority (at the Contractor‟s expense) Trust to enable the Authority Trust to comply with these its Information disclosure obligations. 24.2. 4.2 The Contractor shall and shall procure that its subSub-contractors Contractors shall: 24.2.1 4.2.1 transfer to the Request Trust all Requests for Information to the other Party that it receives as soon as practicable after receipt and in any event within two Working [two] Business Days of receiving a Request for Information; 24.2.2 (4.2.2 to the extent applicable by Law, provide the Authority Trust with a copy of all Information in its possession possession, or power in the form that the Authority Trust requires within [five] Working five Business Days (or such other period as the Authority Trust may specify) of the Authority requesting that Information; andTrust's request; 24.2.3 4.2.3 provide all necessary assistance as reasonably requested by the Authority Trust to enable the Authority Trust to respond to a the Request for Information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation 5 of the Environmental Information Regulations.EIR; and 24.3. The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other contract whether the Commercially Sensitive Information and/or any other 4.2.4 ensure that all Information is exempt from retained for disclosure and stored in accordance with the provisions a records management system that complies with all applicable records management recommendations and codes of conduct issued under section 46 of the Code of Practice on Access FOIA and shall permit the Trust to Government Information, FOIA or the Environmental Information Regulationsinspect such records as requested from time to time. 24.4. 4.3 In no event shall the Contractor respond directly to a Request for Information unless expressly authorised to do so by the AuthorityTrust. 24.5. 4.4 The Contractor acknowledges and agrees that (the Trust shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Agreement or any other agreement whether the provisions of Clause 24) the Authority may, acting Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the Department provisions of Constitutional Affairs‟ Code of Practice on the Discharge of Functions of Public Authorities under Part I any of the Freedom of Information Xxx 0000 (the “Code”)Codes, be obliged under the FOI Act, FOIA or the Environmental Information Regulations or the Services to disclose Information:-EIR. 24.5.1. in certain circumstances without consulting with the Contractor4.5 The Contractor acknowledges that, or 24.5.2. following consultation with the Contractor and having taken its views into account, provided always that where Clause 24.5.1 applies the Authority shall, except for any information which is exempt from disclosure in accordance with any recommendations the provisions of the CodeFOIA and/or the Environmental Regulations, take reasonable stepsthe content of this Agreement is not Confidential Information. The Trust shall be responsible for determining in its absolute discretion whether any of the content of the Agreement is exempt from disclosure in accordance with the provisions of the FOIA and/or the Environmental Regulations. 4.6 Notwithstanding any other term of this Agreement, where appropriatethe Contractor hereby gives its consent for the Trust to publish the Agreement in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FOIA and/or the Environmental Regulations redacted), including from time to time agreed changes to the Agreement, to give the Contractor advanced noticegeneral public. 4.7 The Trust may, at its sole discretion, redact information from the Agreement prior to publishing for one or failing that, to draw more of the disclosure to the Contractor‟s attention after any such disclosurefollowing reasons: 4.7.1 national security; 4.7.2 Personal Data; 4.7.3 information protected by intellectual property law; 4.7.4 third party confidential information; 4.7.5 IT security; or

Freedom of Information. 24.1. The Contractor acknowledges that the Authority is subject to the requirements of the Code of Practice on Access to Government Go vernm ent Information, the FOI Act and the Environmental Information Regulations and shall assist and cooperate with the Authority (at the Contractor‟s expense) to enable the Authority to comply with these Information disclosure obligations. 24.2. The Contractor shall and shall procure that its sub-contractors shall: 24.2.1 transfer Transfer the Request for Information to the other Party as soon as practicable after receipt and in any event within two Working Days of receiving a Request for Information; 24.2.2 (provide provi de the Authority with a copy of all Information in its possession or power in the form that the Authority requires within [five] Working Days five working days (or such other period as the Authority may specify) of the Authority requesting that Information; and 24.2.3 provide Provide all necessary assistance as reasonably requested by the Authority to enable the Authority to respond to a Request for Information within the time for compliance set out in section 10 of the FOI Act or regulation 5 of the Environmental Information Regulations. 24.3. The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other contract whether the Commercially Sensitive Information and/or and/ or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations. 24.4. In no event shall the Contractor respond directly to a Request for Information unless expressly authorised to do so by the Authority. 24.5. The Contractor acknowledges that (notwithstanding the provisions of Clause 24) this Condition the Authority may, acting in accordance with the Department of Constitutional Affairs‟ Code of Practice on the Discharge of Functions of Public Authorities under Part I of the Freedom of Information Xxx 0000 (the ““ Code”), be obliged under the FOI Act, or the Environmental Information Regulations or the Services to disclose Information:- 24.5.124.5 1. in certain circumstances without consulting with the Contractor, or 24.5.2. following consultation with the Contractor and having taken its views into account, provided always that where Clause 24.5.1 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractor‟s attention after any such disclosure

Freedom of Information. 24.1. 31.1 The Contractor Supplier acknowledges that the Authority is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations and shall assist and cooperate co-operate with the Authority (at the Contractor‟s expense) to enable the Authority to comply with these its Information disclosure obligations. 24.2. 31.2 The Contractor shall and shall procure that its sub-contractors Supplier shall: 24.2.1 31.2.1 transfer to the Request Authority all Requests for Information to the other Party that it receives as soon as practicable after receipt and in any event within two (2) Working Days of receiving a Request for Information; 24.2.2 (31.2.2 provide the Authority with a copy of all Information Information, relevant to a Request for Information, in its possession or power power, in the form that the Authority requires requests within [five] five (5) Working Days (or such other period as the Authority may specify) of the Authority requesting that InformationAuthority's request; and 24.2.3 31.2.3 provide all necessary assistance as reasonably requested by the Authority to enable the Authority to respond to a the Request for Information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation 5 of the Environmental Information Regulations. 24.3. 31.3 The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract Framework Agreement or any other contract agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations. 24.4. 31.4 In no event shall the Contractor Supplier respond directly to a Request for Information unless expressly authorised to do so by the Authority. 24.5. 31.5 The Contractor Supplier acknowledges that (notwithstanding the provisions of Clause 24) 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 I 1 of the Freedom of Information Xxx 0000 Act 2000 ("the “Code”"), be obliged under the FOI ActFOIA, or the Environmental Information Regulations to disclose information concerning the Supplier or the Services to disclose Information:-Available Services: 24.5.1. 31.5.1 in certain circumstances without consulting with the Contractor, Supplier; or 24.5.2. 31.5.2 following consultation with the Contractor Supplier and having taken its their views into account, ; provided always that where Clause 24.5.1 31.5.1 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor Supplier advanced notice, or failing that, to draw the disclosure to the Contractor‟s Supplier's attention after any such disclosure. 31.6 The Supplier shall ensure that all Information is retained for disclosure in accordance with Clause 35 (Records Access and Audit) and shall permit the Authority to inspect such records as requested from time to time. 31.7 The Supplier acknowledges that the description of information as Commercially Sensitive Information in Framework Schedule 7 (Interpretations and Definitions) is of an indicative nature only and that the Authority may be obliged to disclose it in accordance with Clause 31.

Freedom of Information. 24.1. 23.1 The Contractor Supplier acknowledges that the Authority is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations and shall assist and cooperate co-operate with the Authority (at the Contractor‟s expense) to enable the Authority to comply with these its Information disclosure obligations. 24.2. 23.2 The Contractor Supplier shall and shall procure that its subSub-contractors Contractors shall: 24.2.1 23.2.1 transfer to the Request Authority all Requests for Information to the other Party that it receives as soon as practicable after receipt and in any event within two (2) Working Days of receiving a Request for Information; 24.2.2 (23.2.2 provide the Authority with a copy of all Information Information, relevant to a Request for Information, in its control, possession or power power, in the form that the Authority requires requests within [five] five (5) Working Days (or such other period as the Authority may specify) of the Authority requesting that InformationAuthority's request; and 24.2.3 23.2.3 provide all necessary assistance as reasonably requested by the Authority to enable the Authority to respond to a the Request for Information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation 5 of the Environmental Information Regulations. 24.3. 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 contract agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations. 24.4. 23.4 In no event shall the Contractor Supplier respond directly to a Request for Information unless expressly authorised to do so by the Authority. 24.5. 23.5 The Contractor Supplier acknowledges that (notwithstanding the provisions of this Clause 2423) 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 I 1 of the Freedom of Information Xxx 0000 Act 2000 ("the “Code”"), be obliged under the FOI ActFOIA, or the Environmental Information Regulations to disclose information concerning the Supplier or the Services to disclose Information:-Services: 24.5.1. 23.5.1 in certain circumstances without consulting with the Contractor, Supplier; or 24.5.2. 23.5.2 following consultation with the Contractor Supplier and having taken its their views into account, provided always that where Clause 24.5.1 23.5 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor Supplier advanced notice, or failing that, to draw the disclosure to the Contractor‟s Supplier's attention after any such disclosure. 23.6 The Supplier shall ensure that all Information is retained for disclosure in accordance with Clause 17 (Records and Audit Access) and shall permit the Authority to inspect such records as requested from time to time. 23.7 The Supplier acknowledges that the Commercially Sensitive Information listed in Framework Schedule 12 (Commercially Sensitive Information) is of indicative value only and that the Authority may be obliged to disclose it in accordance with Clause 23.5.

Freedom of Information. 24.1. 24.1 The Contractor acknowledges that the Authority Council is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations and shall assist and cooperate co-operate with the Authority Council (at the Contractor‟s Contractor’s expense) to enable the Authority Council to comply with these Information disclosure obligationsrequirements. 24.2. 24.2 The Contractor shall and shall procure that its sub-contractors shall: 24.2.1 (a) transfer the Request for Information, as defined in the FOIA or the Environmental Information Regulations, to the other Party Council as soon as practicable after receipt and in any event event, within two [two] Working Days of receiving a Request for Information;: 24.2.2 (b) provide the Authority Council with a copy of all Information in its possession or power in the form that the Authority Council requires within [five] Working Days (or such other period as the Authority Council may specify) of the Authority Council requesting that Information; and 24.2.3 (c) provide all necessary assistance as reasonably requested by the Authority Council to enable the Authority Council to respond to a Request for Information within the time for compliance set out in section 10 of the FOI Act FOIA [or regulation 5 of the Environmental Information Regulations]. 24.3. 24.3 The Authority Council shall be responsible for determining in at its absolute discretion and notwithstanding any other provision in this Contract or any other contract whether the Commercially Sensitive Information and/or any other Information information:- (a) is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations.; 24.4. In (b) is to be disclosed in response to a Request for Information, and in no event shall the Contractor respond directly to a Request for Information Information, unless expressly authorised to do so by the Authority.Council; 24.5. 24.4 The Contractor acknowledges that (notwithstanding the provisions of Clause 24) the Authority may, acting in accordance with the Department of Constitutional Affairs‟ Code of Practice on the Discharge of Functions of Public Authorities under Part I of the Freedom of Information Xxx 0000 (the “Code”), Council may be obliged under the FOI ActFOIA, or the Environmental Information Regulations Regulations, or the Services any regulations or guidelines made thereunder, to disclose Information:- 24.5.1. in certain circumstances (a) without consulting with the Contractor, or 24.5.2. (b) following consultation with the Contractor and having taken its views into account, . 24.5 The Contractor shall ensure that all information produced in the course of the Contract or relating to the Contract is retained for disclosure and shall permit the Council to inspect such records as requested from time to time. 24.6 The Contractor acknowledges that any lists or schedules provided always by it outlining Confidential Information or Commercially Sensitive Information are of indicative value only and that where Clause 24.5.1 applies the Authority shall, Council may nevertheless be obliged to disclose Confidential Information or Commercially Sensitive Information in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractor‟s attention after any such disclosureClause 24.4.

Freedom of Information. 24.1. The Contractor 27.1 Causeway acknowledges that the Authority Customer is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations EIR and shall assist and cooperate with the Authority Customer (at the Contractor‟s Causeway’s expense) to enable the Authority Customer to comply with these Information disclosure obligationsrequirements. 24.2. The Contractor 27.2 Causeway shall in all respects co-operate with the Customer at Causeway’s cost so as to enable the Customer to comply with its obligations under the Freedom of Information Act 2000. 27.3 Causeway shall and shall procure that its sub-contractors shall: 24.2.1 27.3.1 transfer the Request for Information to the other Party as soon as practicable after receipt and in any event within two Working Business Days of receiving a Request for Information; 24.2.2 (27.3.2 provide the Authority Customer with a copy of all Information in its possession or power in the form that the Authority Customer requires within [five] Working five Business Days (or such other period as the Authority Customer may specify) of the Authority Customer requesting that Information; and 24.2.3 27.3.3 provide all necessary assistance as reasonably requested by the Authority Customer to enable the Authority Customer to respond to a Request for Information within the time for compliance set out in section 10 of the FOI Act or regulation 5 of the Environmental Information RegulationsFOIA. 24.3. 27.4 The Authority Customer shall be responsible for determining in at its absolute discretion and notwithstanding any other provision in this Contract or any other contract whether whether: 27.4.1 the Commercially Sensitive Information and/or any other Information is exempt from disclosure under the FOIA and the EIRs; or 27.4.2 the Information is to be disclosed in accordance with the provisions of the Code of Practice on Access response to Government a Request for Information, FOIA or the Environmental Information Regulations.; and 24.4. In 27.4.3 in no event shall the Contractor Causeway respond directly to a Request for Information unless expressly authorised to do so by the AuthorityCustomer. 24.5. The Contractor 27.5 Causeway acknowledges that (notwithstanding the provisions of Clause 24) the Authority Customer may, acting in accordance with the Department of Constitutional Affairs‟ Affairs’ Code of Practice on the Discharge of Functions of Public Authorities under Part I of the Freedom of Information Xxx 0000 (Act 2000, or any such other relevant code or guidelines and any directions of the “Code”), Information Commissioner be obliged under the FOI ActFOIA, or the Environmental Information Regulations or the Services EIR to disclose Information:-Information: 24.5.1. in certain circumstances 27.5.1 without consulting with the ContractorCauseway, or 24.5.2. or 27.5.2 following consultation with the Contractor Xxxxxxxx and having taken its views into account. 27.6 Causeway shall ensure that all information produced in the course of this agreement or relating to this agreement is retained for disclosure and shall permit the Customer to inspect and make copies of such records on Business Days, as requested by the Customer from time to time. 27.7 Causeway acknowledges that any lists or schedules provided always by it outlining Confidential Information are of indicative value only and that where Clause 24.5.1 applies the Authority shall, Customer may nevertheless be obliged to disclose Confidential Information in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractor‟s attention after any such disclosureClause 27.4.

Freedom of Information. 24.1. 32.1 The Contractor Supplier acknowledges that the Authority Client is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations and shall assist and cooperate with the Authority (at the Contractor‟s expense) Client to enable the Authority Client to comply with these its Information disclosure obligations. 24.2. 32.2 The Contractor shall Supplier shall, and shall procure that its subSub-contractors shall: 24.2.1 :  transfer to the Request Client all Requests for Information to the other Party that it receives as soon as practicable after receipt and in any event within two Working Days of receiving a Request for Information; 24.2.2 (;  provide the Authority Client with a copy of all Information in its possession possession, or power in the form that the Authority Client requires within [five] five Working Days (or such other period as the Authority Client may specify) of the Authority requesting that InformationClient's request; and 24.2.3 and  provide all necessary assistance as reasonably requested by the Authority Client to enable the Authority Client to respond to a the Request for Information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation 5 of the Environmental Information Regulations. 24.3. 32.3 The Authority Client shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other contract Contract whether the Commercially Sensitive Information and/or any other Information information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations. 24.4. 32.4 In no event shall the Contractor Supplier respond directly to a Request for Information unless expressly authorised to do so by the AuthorityClient. 24.5. 32.5 The Contractor Supplier acknowledges that (notwithstanding the provisions of Clause 24) 42 – Transparency, the Authority Client may, acting in accordance with the Department of Constitutional Affairs‟ Code of Practice on the Discharge of Functions of Public Authorities under Part I of the Freedom of Information Xxx 0000 (the “Code”), be obliged under the FOI ActFOIA, or the Environmental Information Regulations to disclose information concerning the Supplier or the Services to disclose Information:- 24.5.1. Services:  in certain circumstances without consulting with the Contractor, or 24.5.2. Supplier; or  following consultation with the Contractor Supplier and having taken its their views into account, ; provided always that where Clause 24.5.1 [reference] applies the Authority Client shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor Supplier advanced notice, or failing that, to draw the disclosure to the Contractor‟s Supplier’s attention after any such disclosure. 32.6 The Supplier shall ensure that all Information is retained for disclosure and shall permit the Client to inspect such records as requested from time to time. 32.7 The Supplier acknowledges that the Commercially Sensitive Information listed in Schedule 9 (if any) is of indicative value only and that the Client may be obliged to disclose it in accordance with this Clause 32

Freedom of Information. 24.1. 23.1 The Contractor Supplier acknowledges that the Authority is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations and shall assist and cooperate co-operate with the Authority (at the Contractor‟s expense) to enable the Authority to comply with these its Information disclosure obligations. 24.2. 23.2 The Contractor Supplier shall and shall procure that its subSub-contractors Contractors shall: 24.2.1 23.2.1 transfer to the Request Authority all Requests for Information to the other Party that it receives as soon as practicable after receipt and in any event within two (2) Working Days of receiving a Request for Information; 24.2.2 (23.2.2 provide the Authority with a copy of all Information that is relevant to a Request for Information and in its control, possession or power power, in the form that the Authority requires requests within [five] five (5) Working Days (or such other period as the Authority may specify) of the Authority requesting that InformationAuthority's request; and 24.2.3 23.2.3 provide all necessary assistance as reasonably requested by the Authority to enable the Authority to respond to a the Request for Information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation 5 of the Environmental Information Regulations. 24.3. 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 contract agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations. 24.4. 23.4 In no event shall the Contractor Supplier respond directly to a Request for Information unless expressly authorised to do so by the Authoritywithout prior Approval. 24.5. 23.5 The Contractor Supplier acknowledges that (notwithstanding the provisions of this Clause 2423) the Authority may, acting in accordance with the Department Ministry of Constitutional Affairs‟ Code of Practice on the Discharge of Functions of Public Authorities under Part I of the Freedom of Information Xxx 0000 (the “Code”)Justice Codes, be obliged under the FOI Act, FOIA or the Environmental Information Regulations to disclose information concerning the Supplier or the Services to disclose Information:-Services: 24.5.1. 23.5.1 in certain circumstances without consulting with the Contractor, Supplier; or 24.5.2. 23.5.2 following consultation with the Contractor Supplier and having taken its the Supplier’s views into account, provided always that where this Clause 24.5.1 23.5 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor advanced Supplier advance notice, or failing that, to draw the disclosure to the Contractor‟s Supplier's attention after any such disclosure. 23.6 The Supplier shall ensure that all Information is retained for disclosure in accordance with Clause 17 (Records and Audit Access) and shall permit the Authority to inspect such records as requested from time to time. 23.7 The Supplier acknowledges that the Commercially Sensitive Information listed in Framework Schedule 10 (Commercially Sensitive Information) is of an indicative nature only and that the Authority may be obliged to disclose it in accordance with Clause 23.5.

Freedom of Information. 24.1. The Contractor acknowledges that 10.1 For the Authority is subject to purpose of this Clause, ‘Information’ has the requirements meaning as set out in section 84 of FOIA and ‘Request for Information’ or an apparent request under the Code of Practice on Access to Government Information, FOIA or EIR. 10.2 The Supplier acknowledges that OS is subject to the FOI Act requirements of FOIA and the Environmental Information Regulations EIR and shall assist and cooperate with the Authority OS (at the Contractor‟s Supplier’s expense) to enable the Authority OS to comply with these its Information disclosure obligations. 24.2. 10.3 The Contractor Supplier shall and shall procure that its sub-contractors Subcontractors shall: 24.2.1 10.3.1 transfer the any Request for Information to the other Party as soon as practicable after receipt and in any event OS within two 2 Working Days of receiving a the Request for Information; 24.2.2 (10.3.2 provide the Authority OS with a copy of all Information in its possession or power in the form that the Authority OS requires within [five] 5 Working Days (or such other period as the Authority OS may specify) of the Authority OS requesting that Information; and 24.2.3 10.3.3 provide all necessary assistance as reasonably requested by the Authority OS to enable the Authority OS to respond to a the Request for Information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation 5 of the Environmental Information RegulationsEIR (as appropriate). 24.3. The Authority 10.4 OS shall be responsible for determining in its absolute discretion whether Commercially Sensitive Information and notwithstanding any other provision in this Contract / or any other contract whether the Commercially Sensitive Information and/or any other Information Information: a) is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information RegulationsEIR ; or b) is to be disclosed in response to a Request for Information. 24.4. 10.5 In no event shall the Contractor Supplier respond directly to a Request for Information unless expressly authorised to do so in writing by the AuthorityOS. 24.5. 10.6 The Contractor Supplier acknowledges that (notwithstanding the provisions of Clause 24) the Authority OS may, acting in accordance with the Department of Constitutional Affairs‟ Code of Practice on the Discharge of Functions of Public Authorities under Part I of the Freedom of Information Xxx 0000 (the “Code”), be obliged under the FOI Act, FOIA or the Environmental Information Regulations or the Services EIR to disclose Information:-Information: 24.5.1. in certain circumstances 10.6.1 without consulting with the Contractor, Supplier; or 24.5.2. 10.6.2 following consultation with the Contractor Supplier and having taken its views into account, ; provided always that where this Clause 24.5.1 applies the Authority 10.6 applies, OS shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor Supplier advanced notice, or failing that, that to draw the disclosure to the Contractor‟s Supplier’s attention after any such disclosure. 10.7 The Parties acknowledge that, except for any Commercially Sensitive Information and any Information which is exempt from disclosure in accordance with the provisions of FOIA and EIR, the content of this Contract is not Confidential Information. The Supplier hereby gives consent for OS to publish the Contract in its entirety (but with any Information which is exempt from disclosure in accordance with this Clause 10 duly redacted) including from time to time agreed changes to the Contract, to the general public. 10.8 The provisions of this Clause 10 shall survive the expiration or termination of the Contract.

Freedom of Information. 24.1. 8.1 The Contractor Recipient acknowledges that the Authority Funder is subject to the requirements of the Code Freedom of Practice on Access to Government Information, the FOI Act Information Xxx 0000 (FOIA} and the Environmental Information Regulations 2004 and shall assist and cooperate co-operate with the Authority Funder (at the Contractor‟s Recipient's expense) to enable the Authority Funder to comply with these Information information disclosure obligationsrequirements. 24.2. 8.2 The Contractor shall and shall procure that its sub-contractors Recipient shall: 24.2.1 1) transfer the Request request for Information information to the other Party Funder as soon as practicable after receipt and in any event within two Working Business Days of receiving a Request request for Informationinformation; 24.2.2 (2) provide the Authority Funder with a copy of all Information information in its possession or power in the form that the Authority Funder requires within [five] Working five Business Days (or such other shorter period as the Authority Funder may reasonable specify) of the Authority Funder requesting that Informationinformation; and 24.2.3 3) provide all necessary assistance as reasonably requested by the Authority Funder to enable the Authority Funder to respond to a Request request for Information information within the time for compliance set out in section 10 1O of the FOI Act FOIA or regulation 5 of the Environmental Information RegulationsRegulations 2004. 24.3. 8.3 The Authority Funder shall be responsible for determining in at its absolute discretion and notwithstanding any other provision in this Contract or any other contract whether the Commercially Sensitive Information and/or any other Information information: 1) is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information RegulationsRegulations 2004; 2) is to be disclosed in response to a request for information. 24.4. 8.4 In no event shall the Contractor Recipient respond directly to a Request request for Information information unless expressly authorised to do so by the AuthorityFunder. 24.5. 8.5 The Contractor Recipient acknowledges that (notwithstanding the provisions of Clause 24) the Authority Funder may, acting in accordance with the Department Secretary of State for Constitutional Affairs‟ Affairs' Code of Practice on the Discharge discharge of Functions of Public Authorities public authorities' functions under Part I 1 of FOIA (issued under section 45 of the Freedom of Information Xxx 0000 (the “Code”FOIA, November 2004), be obliged under the FOI Act, FOIA or the Environmental Information Regulations or the Services 2004 to disclose Information:-information: 24.5.1. in certain circumstances 1) without consulting with the Contractor, Recipient; or 24.5.2. 2) following consultation with the Contractor Recipient and having taken its views into account, provided always that where Clause 24.5.1 clause 8.S(b) applies the Authority Funder shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor Recipient advanced notice, or failing that, to draw the disclosure to the Contractor‟s Recipient's attention after any such disclosure. 8.6 The Recipient shall ensure that all information produced in the course of the Agreement or relating to the Agreement is retained for disclosure and shall permit the Funder to inspect such records as requested from time to time.

Freedom of Information. 24.1. 23.1 The Contractor Developer acknowledges that the Authority Council is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations and shall assist and cooperate will facilitate the Council's compliance with its Information disclosure requirements pursuant to the Authority (at same in the Contractor‟s expensemanner provided for in clauses 23.2(a) to enable the Authority to comply with these Information disclosure obligations(b) (inclusive) below. 24.2. The Contractor shall and shall procure that its sub-contractors shall: 24.2.1 transfer 23.2 Where the Council receives a Request for Information in relation to Information that the Developer is holding on its behalf and which the Council does not hold itself the Council shall refer to the other Party Developer such Request for Information that it receives as soon as practicable after receipt and in any event within two five (5) Working Days of receiving a the Request for Information;Information subject to the Developer accepting that it is holding the relevant information on the Council's behalf and the Developer shall: 24.2.2 (a) provide the Authority Council with a copy of all such Information in its possession or power in the form that the Authority Council reasonably requires as soon as practicable and in any event within [five] ten (10) Working Days (or such other period as the Authority Council acting reasonably may specify) of the Authority requesting that InformationCouncil's request; and 24.2.3 (b) provide all necessary assistance as reasonably requested by the Authority Council in connection with any such Information, to enable the Authority Council to respond to a Request for Information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation Regulation 5 of the Environmental Information Regulations. 24.3. The Authority shall 23.3 Following notification under clause 23.2, and up until such time as the Developer has provided the Council with all the Information specified in clause 23.2(a), the Developer may make representations to the Council as to whether or not or on what basis Information requested should be disclosed, and whether further information should reasonably be provided in order to identify and locate the information requested, provided always that the Council will be responsible for determining in at its absolute discretion and notwithstanding any other provision in this Contract or any other contract discretion: (a) whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with under the provisions of the Code of Practice on Access to Government Information, FOIA or and the Environmental Information Regulations.; 24.4. In (b) whether Information is to be disclosed in response to a Request for Information, and in no event shall will the Developer respond directly, or allow any Contractor or Sub-Contractor to respond directly directly, to a Request for Information unless expressly authorised to do so by the AuthorityCouncil. 24.523.4 The Developer shall transfer to the Council any Request for Information received by the Developer as soon as practicable and in any event within two (2) Working Days of receiving it. 23.5 In the event of a request from the Council pursuant to clause 23.2, the Developer shall as soon as practicable, and in any event within five (5) Working Days of receipt of such request, inform the Council of the Developer's estimated costs of complying with the request to the extent these would be recoverable if incurred by the Council under section 12(1) of the FOIA and the Fees Regulations. Where such costs (either on their own or in conjunction with the Council's own such costs in respect of such Request for Information) will exceed the appropriate limit referred to in section 12(1) of the FOIA and as set out in the Fees Regulations (the Appropriate Limit) the Council shall inform the Developer in writing whether or not it still requires the Developer to comply with the request and where it does require the Developer to comply with the request the ten (10) Working Days period for compliance will be extended by such number of additional days for compliance as the Council is entitled to under section 10 of the FOIA. In such case, the Council shall notify the Developer of such additional days as soon as practicable after becoming aware of them and shall reimburse the Developer for such costs as the Developer incurs in complying with the request to the extent it is itself entitled to reimbursement of such costs in accordance with its own FOIA policy from time to time. 23.6 The Contractor Developer acknowledges that (notwithstanding the provisions of Clause 24clause 23) the Authority Council may, acting in accordance with the Department of Constitutional Affairs‟ Affairs' Code of Practice on the Discharge of Functions of Public Authorities under Part I of the Freedom of Information Xxx 0000 FOIA (the “Code”), be obliged under the FOI ActFOIA, or the Environmental Information Regulations to disclose Information concerning the Developer or the Services to disclose Information:-Project: 24.5.1. (a) in certain circumstances without consulting with the Contractor, Developer; or 24.5.2. (b) following consultation with the Contractor Developer and having taken its their views into account, account provided always that where Clause 24.5.1 (i) above applies the Authority Council shall, in accordance with any the recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure this to the Contractor‟s attention after of the Developer prior to any disclosure. The Developer accepts and the Council confirms that this Agreement is subject to (and the consequences of it being subject to) the requirements for best consideration pursuant to the Local Government Xxx 0000 and the obligations under section 123 of the Local Government Xxx 0000 and/or section 233 of the Planning Act and if appropriate the laws of the European Union including those relating to State Aid. The Council believes that it has satisfied such disclosurerequirements by taking advice from GVA Xxxxxxx of 00 Xxxxxxxx Xxxxxx, Xxxxxxxxxx X0 0XX.

Freedom of Information. 24.1. 36.1 The Contractor acknowledges that the Authority Council is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations and shall assist and cooperate co operate with the Authority Council (at the Contractor‟s expense) to enable the Authority Council to comply with these Information disclosure obligationsrequirements. 24.2. 36.2 The Contractor shall and shall procure that its sub-contractors shall: 24.2.1 transfer (a) Transfer the Request for Information to the other Party Council as soon as practicable after receipt and in any event within two Working Days of receiving a Request for Information; 24.2.2 (b) provide the Authority Council with a copy of all Information in its possession or power in the form that the Authority Council requires within [five] five Working Days (or such other period as the Authority Council may specify) of the Authority Council requesting that Information; and 24.2.3 provide (c) Provide all necessary assistance as reasonably requested by the Authority Council to enable the Authority Council to respond to a Request for Information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation 5 of the Environmental Information Regulations. 24.3. 36.3 The Authority Council shall be responsible for determining in at its absolute discretion and notwithstanding any other provision in this Contract or any other contract whether the Commercially Sensitive Information and/or any other Information Information: (a) is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations.; 24.4. In (b) is to be disclosed in response to a Request for Information, and in no event shall the Contractor respond directly to a Request for Information unless expressly authorised to do so by the Authority.Council 24.5. 36.4 The Contractor acknowledges that (notwithstanding the provisions of Clause 24) the Authority Council may, acting in accordance with the Department Secretary of State for Constitutional Affairs‟ Code of Practice on the Discharge discharge of Functions of Public Authorities public authorities‟ functions under Part I 1 of FOIA (issued under section 45 of the Freedom of Information Xxx 0000 (the “Code”FOIA, November 2004), be obliged under the FOI Act, FOIA or the Environmental Information Regulations or the Services to disclose Information:-Information: 24.5.1. in certain circumstances (a) without consulting with the Contractor, or 24.5.2. (b) following consultation with the Contractor and having taken its views into account, . 36.5 The Contractor shall ensure that all Information produced in the course of the Contract or relating to the Contract is retained for disclosure and shall permit the Council to inspect such records as requested from time to time. 36.6 The Contractor acknowledges that any lists or Schedules provided always by it outlining Confidential Information are of indicative value only and that where Clause 24.5.1 applies the Authority shall, Council may nevertheless be obliged to disclose Confidential Information in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractor‟s attention after any such disclosureCondition 37.4.

Freedom of Information. 24.1. 18.1 The Contractor Provider acknowledges that that, in order to be compliant with the Authority is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Freedom Of Information Act and (FOIA)and the Environmental Information Regulations and (EIR), they may be obliged, on request, to provide or consider the provision of Information to third parties where that Information constitutes or may constitute Confidential Information. Subject to the provisions of this Clause 18, the Provider shall assist and cooperate co-operate with the Authority Council (at the Contractor‟s Provider's expense) to enable facilitate the Authority to comply Council’s compliance with these Information disclosure obligationsthe FOIA and/or EIR in that regard. 24.2. The Contractor shall and shall procure 18.2 Without prejudice to the generality of its obligations under Clause 18.1, the Provider shall: 18.2.1 Transfer any Request for Information that it or its sub-contractors shall: 24.2.1 transfer the Request for Information Providers receive, to the other Party Council as soon as practicable after receipt and in any event within two 2 Working Days following receipt of receiving a that Request for Information;; and 24.2.2 (provide 18.2.2 Provide the Authority Council with a copy of all Information in its or its sub- Provider’s possession or power that the Council reasonably considers is relevant to the Request in the form that the Authority Council requires as soon as practicable and in any event within [five] 5 Working Days (or such other period as the Authority may specify) following receipt of the Authority requesting Council’s request for that Information; and 24.2.3 provide all necessary assistance as reasonably requested Information (and any follow-up Information required by the Authority to enable the Authority to respond to a Request for Information Council thereafter within the time for compliance set out in section 10 2 Working Days following receipt of the FOI Act or regulation 5 of the Environmental Information RegulationsCouncil’s follow-up request). 24.3. 18.3 The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other contract whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government InformationProvider further acknowledges that, FOIA or the Environmental Information Regulations. 24.4. In no event shall the Contractor respond directly to a Request for Information unless expressly authorised to do so by the Authority. 24.5. The Contractor acknowledges that (notwithstanding the provisions of Clause 24) 18 (Confidentiality), the Authority Council may, acting in accordance with the Department of Constitutional Affairs‟ Code of Practice on the Discharge of Functions of Public Authorities under Part I of the Freedom of Information Xxx 0000 (the “FOIA Code”), be obliged under the FOI Act, FOIA or the Environmental Information Regulations or the Services EIR to disclose Information:-Information that is or may be Confidential Information: 24.5.1. in 18.3.1 In certain circumstances without consulting with the Contractor, provider; or 24.5.2. following 18.3.2 Following consultation with the Contractor provider and having taken its the Provider’s views into account, ; provided always that where Clause 24.5.1 applies Xxxxxx 18.3.1 applies, the Authority Council shall, in accordance with any the recommendations of the FOIA Code, take reasonable stepsdraw this to the attention of the provider prior to any disclosure. 18.4 Subject to the Council complying with its obligations under this Clause 18 the Council shall not be liable for any loss, where appropriatedamage, to give harm or other detriment suffered by the Contractor advanced notice, Provider or failing that, to draw any sub- provider arising from the disclosure of any Information, whether or not such Information is Confidential Information, falling within the scope of the FOIA or EIR. 18.5 The Provider shall indemnify the Council against all claims, demands, actions, costs, proceedings and liabilities whatsoever that the Council incurs due to the Contractor‟s attention after Provider’s or any sub-providers of the Provider’s breach of this Clause 18. 18.6 The Provider shall ensure that the terms of any sub-contract which it enter into with a sub- Provider replicate the provisions of this Clause 18 such disclosurethat the Council has the same rights against a sub-Provider as it does against the Provider under this Clause 18.

Freedom of Information. 24.1. 10.1 The Contractor Lead Partner acknowledges that the Authority DHSC is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations 2004 and that GHP may be obliged to provide DHSC with certain information under the requirements of FOIA. The Lead Partner shall assist and cooperate co-operate with the Authority GHP (at the Contractor‟s Lead Partner's expense) to enable the Authority GHP to comply with these Information information disclosure obligationsrequirements. 24.2. 10.2 The Contractor shall and shall procure that its sub-contractors shall:Lead Partner shall:‌ 24.2.1 10.2.1 transfer the Request request for Information information to the other Party GHP as soon as practicable after receipt and in any event within two (2) Working Days of receiving a Request request for Informationinformation; 24.2.2 (10.2.2 provide the Authority GHP with a copy of all Information information in its possession or power in the form that the Authority GHP requires within [five] five (5) Working Days (or such other period as the Authority GHP may specify) of the Authority GHP requesting that Informationinformation; and 24.2.3 10.2.3 provide all necessary assistance as reasonably requested by the Authority GHP to enable the Authority GHP to respond to a Request request for Information information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation 5 of the Environmental Information RegulationsRegulations 2004. 24.3. The Authority 10.3 DHSC shall be responsible for determining in at its absolute discretion and notwithstanding any other provision in this Contract or any other contract 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 Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations.Regulations 2004; 24.4. In 10.3.2 is to be disclosed in response to a request for information, and in no event shall the Contractor Lead Partner respond directly to a Request request for Information information unless expressly authorised to do so by the AuthorityGHP or DHSC. 24.5. 10.4 The Contractor Lead Partner acknowledges that (notwithstanding the provisions of Clause 24) the Authority DHSC may, acting in accordance with the Department Secretary of State for Constitutional Affairs‟ Affairs' Code of Practice on the Discharge discharge of Functions of Public Authorities public authorities' functions under Part I of FOIA (issued under section 45 of the Freedom of Information Xxx 0000 (the “Code”FOIA, November 2004), be obliged under the FOI Act, FOIA or the Environmental Information Regulations or the Services 2004 to disclose Information:-information:‌‌ 24.5.1. in certain circumstances 10.4.1 without consulting with the Contractor, Lead Partner; or 24.5.2. 10.4.2 following consultation with the Contractor Lead Partner and having taken its views into account, provided always that where Clause 24.5.1 , 4.1 applies the Authority DHSC shall, in accordance with any recommendations of the CodeCode of Practice on Access to Government Information, take reasonable steps, where appropriate, to give the Contractor Lead Partner advanced notice, or failing that, to draw the disclosure to the Contractor‟s Lead Partner's attention after any such disclosure.‌ 10.5 The Lead Partner shall ensure that all information produced in the course of the Agreement or relating to the Agreement is retained for disclosure and shall permit GHP and/or DHSC to inspect such records as requested from time to time. 10.6 [It is acknowledged that the Lead Partner must observe its obligations under the [FOIA / Freedom of Information (Scotland) Act 2002]2, and under the common law duty of confidentiality and shall comply with all applicable laws (and shall notify GHP immediately of any significant departure from such applicable laws). 10.7 GHP acknowledges that the Lead Partner may itself be subject to obligations under the [FOIA / Freedom of Information (Scotland) Act 2002]3 or the EIR that require it disclose information concerning the GHWP project as contemplated by this Agreement and GHP agrees that it shall assist and co-operate with the Lead Partner (at the Lead Partner's expense) to enable the Lead Partner to comply with these information disclosure requirements. The Lead Partner will not be in breach of obligations under this paragraph 10 or obligations of confidentiality under paragraph 9 (Confidentiality) to the extent it is required by law to disclose information under the [FOIA / Freedom of Information (Scotland) Act 2002]4 or the EIR. The Lead Partner shall: 2 To select depending on whether the Lead Partner is based in Scotland (in which case refer to the Freedom of Information (Scotland) Act 2002 only) or England, Wales or Northern Ireland (in which case refer to the FOIA only) 3 To select depending on whether the Lead Partner is based in Scotland (in which case refer to the Freedom of Information (Scotland) Act 2002 only) or England, Wales or Northern Ireland (in which case refer to the FOIA only) 4 To select depending on whether the Lead Partner is based in Scotland (in which case refer to the Freedom of Information (Scotland) Act 2002 only) or England, Wales or Northern Ireland (in which case refer to the FOIA only)‌‌ 10.7.1 wherever practicable, give GHP reasonable advance notice of the intended disclosure; 10.7.2 make such disclosure only to the extent required and for the purpose of complying with the requirements; and 10.7.3 take all reasonable measures to ensure, as far as it is possible to do so, the continued confidentiality of any Confidential Information or Commercially Sensitive Information shared.

Freedom of Information. 24.1. 42.1 The Contractor acknowledges that the Authority is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations and shall assist and cooperate with the Authority (at the Contractor‟s expense) to enable the Authority to comply with these its Information disclosure obligations. 24.2. 42.2 The Contractor shall and shall procure that its sub-contractors Subcontractors shall: 24.2.1 42.2.1 use all reasonable endeavours to transfer to the Authority any request for information which, had the request been made direct to the Authority, would be a Request for Information and inform the applicant that any Request for Information should be made directly in writing to the other Party as soon as practicable after receipt and in any event within two Working Days of receiving a Request for InformationAuthority at Xxxxxxxx Xxxxx, 00-00 Xxxxxxxx Xxxxxx, Xxxxxx, XX0X 0XX; 24.2.2 (42.2.2 provide the Authority with a copy of all Information held on behalf of the Authority in its possession possession, or power in the form that the Authority requires within [five] 5 Working Days (or such other period as the Authority may specify) of the Authority requesting that InformationAuthority's request; and 24.2.3 42.2.3 provide all necessary assistance as reasonably requested by the Authority to enable the Authority to respond to a Request Requests for Information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation 5 of the Environmental Information Regulations. 24.3. 42.3 The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other contract whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Informationthe, FOIA or the Environmental Information Regulations. 24.4. 42.4 In no event shall the Contractor respond directly to a Request for Information unless expressly authorised to do so by the Authority. 24.5. 42.5 The Contractor acknowledges that (notwithstanding the provisions of Clause 24) the Authority may, acting in accordance with the Department of Constitutional Affairs‟ Affairs' Code of Practice on the Discharge of the Functions of Public Authorities under Part I 1 of the Freedom of Information Xxx 0000 (the “Code”)0000, be obliged under the FOI Act, or the Environmental Information Regulations or the Services to disclose Information:- 24.5.1. in certain circumstances Information without consulting with or obtaining consent from the Contractor, oror despite having taken the Contractors' views into account although, without prejudice to the foregoing, the Authority shall consult or seek the Contractor’s consent where reasonably possible. 24.5.242.6 The Contractor shall ensure that all records required to be kept pursuant to Schedule 9.4 (Records) are retained for disclosure and shall permit the Authority to inspect such records as requested from time to time in accordance with Clause 25. 42.7 Schedule 5.3 (Commercially Sensitive Information) contains a list of information which the Contractor reasonably considers is exempt from the disclosure requirements under the FOIA, together with the relevant section of the FOIA which confers the exemption. following consultation If the Authority receives a Request for Information to release Commercially Sensitive Information, the Authority shall: 42.7.1 determine in its absolute discretion if it considers the Commercially Sensitive Information to be exempt; and 42.7.2 wherever reasonably practicable, consult with the Contractor and having taken its views into accountprior to releasing the information. 42.8 The Contractor acknowledges that notwithstanding the fact that it has identified Commercially Sensitive Information, provided always that where Clause 24.5.1 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, may nevertheless be obliged to give the Contractor advanced notice, or failing that, disclose such Commercially Sensitive Information pursuant to draw the disclosure to the Contractor‟s attention after any such disclosurea Request for Information.

Freedom of Information. 24.1. 42.1 The Contractor acknowledges that the Authority is and certain Service Recipients: 42.1.1 are subject to the requirements of the Code of Practice on Access FOI Legislation and agrees to Government Information, the FOI Act and the Environmental Information Regulations and shall assist and cooperate co- operate with the Authority (at the Contractor‟s expense) and such Service Recipients to enable the Authority to comply with these its obligations under the FOI Legislation; and 42.1.2 may be obliged under the FOI Legislation to disclose Information disclosure obligationswithout consulting or obtaining consent from the Contractor. 24.2. The 42.2 Without prejudice to the generality of Clause 42.1, the Contractor shall will and shall will procure that its subSub-contractors shallContractors (if any) will: 24.2.1 42.2.1 transfer the Request for Information to the Contractor (or such other Party person as may be notified by the Authority to the Contractor) each Information Request relevant to this Contract, the Services or any of the other Service Recipients (as applicable) that it or they (as the case may be) receive as soon as practicable after receipt and in any event within two Working (2) Business Days of receiving a Request for Information;such Information Request; and 24.2.2 (42.2.2 in relation to Information held by the Contractor on behalf of the Authority, provide the Authority with a copy details about and/or copies of all such Information in its possession or power in the form that the Authority requires requests and such details and/or copies will be provided within [five] Working five (5) Business Days of a request from the Authority (or such other period as the Authority may reasonably specify) of ), and in such forms as the Authority requesting that Information; and 24.2.3 provide all necessary assistance as may reasonably requested by the Authority to enable the Authority to respond to a Request for Information within the time for compliance set out in section 10 of the FOI Act or regulation 5 of the Environmental Information Regulationsspecify. 24.3. 42.3 The Authority shall and the other Service Recipients will be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other contract whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure information under the FOI Legislation and for determining what Information will be disclosed in response to an Information Request in accordance with the provisions FOI Legislation. Without prejudice to the Authority’s right to exercise its sole discretion in respect of its response to Information Requests, the Code Authority shall, in the event of Practice on Access to Government Informationits proposed disclosures in respect of such requests, FOIA or the Environmental Information Regulations. 24.4. In no event shall give the Contractor the opportunity to make representations with respect to the proposed disclosure in the event that the Information Request relates to information of a commercially sensitive nature. The Contractor will not itself respond directly to a Request for any person making an Information Request, save to acknowledge receipt, unless expressly authorised to do so by the Authority. 24.5. The Contractor acknowledges that (notwithstanding the provisions of Clause 24) the Authority may, acting in accordance with the Department of Constitutional Affairs‟ Code of Practice on the Discharge of Functions of Public Authorities under Part I of the Freedom of Information Xxx 0000 (the “Code”), be obliged under the FOI Act, or the Environmental Information Regulations or the Services to disclose Information:- 24.5.1. in certain circumstances without consulting with the Contractor, or 24.5.2. following consultation with the Contractor and having taken its views into account, provided always that where Clause 24.5.1 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractor‟s attention after any such disclosure

Freedom of Information. 24.1. 32.1 The Contractor SERVICE PROVIDER acknowledges that the Authority CLIENT is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations and shall assist and cooperate with the Authority (at the Contractor‟s expense) CLIENT to enable the Authority CLIENT to comply with these its Information disclosure obligations. 24.2. 32.2 The Contractor SERVICE PROVIDER shall and shall procure that its subSub-contractors Contractors shall: 24.2.1 32.2.1 transfer to the Request CLIENT all Requests for Information to the other Party that it receives as soon as practicable after receipt and in any event within two (2) Working Days of receiving a Request for Information; 24.2.2 (32.2.2 provide the Authority CLIENT with a copy of all Information in its possession possession, or power in the form that the Authority CLIENT requires within [five] five (5) Working Days (or such other period as the Authority CLIENT may specify) of the Authority requesting that InformationCLIENT‟s request; and 24.2.3 32.2.3 provide all necessary assistance as reasonably requested by the Authority CLIENT to enable the Authority CLIENT to respond to a the Request for Information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation 5 of the Environmental Information Regulations. 24.3. 32.3 The Authority CLIENT shall be responsible for determining in its absolute discretion and notwithstanding whether any other provision in this Contract or any other contract whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations. 24.4. 32.4 In no event shall the Contractor SERVICE PROVIDER respond directly to a Request for Information unless expressly authorised to do so by the AuthorityCLIENT. 24.5. 32.5 The Contractor SERVICE PROVIDER acknowledges that (notwithstanding the provisions of Clause 24) the Authority CLIENT may, acting in accordance with the Department of Constitutional Affairs‟ Department‟s Code of Practice on the Discharge of the Functions of Public Authorities under Part I 1 of the Freedom of Information Xxx 0000 (the “Code”)Act 2000, be obliged under to disclose Information without consulting or obtaining consent from the FOI ActSERVICE PROVIDER, or the Environmental Information Regulations or the Services to disclose Information:- 24.5.1. in certain circumstances without consulting with the Contractor, or 24.5.2. following consultation with the Contractor and despite having taken its the SERVICE PROVIDER‟s views into account, provided always . 32.6 The SERVICE PROVIDER shall ensure that where Clause 24.5.1 applies all Information is retained for disclosure and shall permit the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, CLIENT to give the Contractor advanced notice, or failing that, inspect such records as requested from time to draw the disclosure to the Contractor‟s attention after any such disclosuretime.

Freedom of Information. 24.1. 14.1 The Contractor Grant Recipient acknowledges that the Authority Council is subject to the requirements of the "Code of Practice on Access to Government Information", the FOI Act FOIA and the Environmental Information Regulations and shall the Grant Recipient agrees to assist and cooperate with the Authority (at the Contractor‟s expense) Council to enable the Authority it to comply with these its Information disclosure obligations. 24.2. The Contractor 14.2 Where the Grant Recipient receives a Request for Information in relation to the Council, the Grant Recipient shall and shall procure that its sub-any relevant sub- contractors shall: 24.2.1 transfer the Request for Information to the other Party as soon as practicable after receipt 14.2.1 immediately and in any event within two (2) Working Days of receiving a Request for InformationInformation pass the Request for Information to the Council; 24.2.2 (14.2.2 provide the Authority Council with a copy of all Information in its possession or power in the form that the Authority Council requires within [five] three (3) Working Days (or such other period as the Authority Council may specify) of the Authority requesting that Request for Information; and 24.2.3 14.2.3 provide all necessary assistance as reasonably requested by the Authority Council to enable the Authority Council to respond to a the Request for Information within the time for compliance set out in section Section 10 of the FOI Act FOIA or regulation Regulation 5 of the Environmental Information RegulationsRegulations (as applicable). 24.3. 14.3 The Authority Grant Recipient acknowledges and agrees that the Council shall be responsible for determining in its absolute discretion and (notwithstanding any other provision in this Contract Agreement or any other contract agreement) whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations. 24.4. In no event shall the Contractor respond directly to a Request for Information unless expressly authorised to do so by the Authority. 24.5. 14.4 The Contractor Grant Recipient acknowledges and agrees that (notwithstanding the provisions of this Clause 2414 (Freedom of Information)) the Authority may, Council may acting in accordance with the Department of Constitutional Affairs‟ Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part I 1 of the Freedom of Information Xxx 0000 FOIA (the “"Code”), ) be obliged under the FOI Act, FOIA or the Environmental Information Regulations to disclose information concerning the Grant Recipient or the Services to disclose Information:-Project Activities: 24.5.1. 14.4.1 in certain circumstances without consulting with the Contractor, Grant Recipient; or 24.5.2. 14.4.2 following consultation with the Contractor Grant Recipient and having taken its views into account, provided always that where Clause 24.5.1 14.4.1 applies the Authority shall, Council shall in accordance with any recommendations of the Code, Code take reasonable steps, where appropriate, steps to give the Contractor Grant Recipient advanced notice, or failing that, to that draw the disclosure to the Contractor‟s Grant Recipient's attention after any such disclosure.

Freedom of Information. 24.1. 31.1 The Contractor Supplier acknowledges that the Authority is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations and shall assist and cooperate co-operate with the Authority (at the Contractor‟s expense) to enable the Authority to comply with these its Information disclosure obligations. 24.2. 31.2 The Contractor shall and shall procure that its sub-contractors Supplier shall: 24.2.1 31.2.1 transfer to the Request Authority all Requests for Information to the other Party that it receives as soon as practicable after receipt and in any event within two (2) Working Days of receiving a Request for Information; 24.2.2 (provide the Authority with a copy of all Information in its possession or power in the form that the Authority requires within [five] Working Days (or such other period as the Authority may specify) of the Authority requesting that Information; and 24.2.3 31.2.2 provide all necessary assistance as reasonably requested by the Authority to enable the Authority to respond to a the Request for Information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation 5 of the Environmental Information Regulations. 24.3. 31.3 The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract Framework Agreement or any other contract agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations. 24.4. 31.4 In no event shall the Contractor Supplier respond directly to a Request for Information unless expressly authorised to do so by the Authority. 24.5. 31.5 The Contractor Supplier acknowledges that (notwithstanding the provisions of Clause 24this Clause31) 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 I 1 of the Freedom of Information Xxx 0000 Act 2000 ("the “Code”"), be obliged under the FOI ActFOIA, or the Environmental Information Regulations to disclose information concerning the Supplier or the Services to disclose Information:-G-Cloud Services: 24.5.1. 31.5.1 in certain circumstances without consulting with the Contractor, Supplier; or 24.5.2. 31.5.2 following consultation with the Contractor Supplier and having taken its views into account, ; provided always that where Clause 24.5.1 31.5.1 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor Supplier advanced notice, or failing that, to draw the disclosure to the Contractor‟s Supplier's attention after any such disclosure. 31.6 The Supplier acknowledges that the description of information as Commercially Sensitive Information in Framework Schedule 7 (Interpretation and Definitions) is of an indicative nature only and that the Authority may be obliged to disclose it in accordance with Clause 31.5.

Freedom of Information. 24.133.1. The Contractor acknowledges that the Authority is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act and the Environmental Information Regulations and shall assist and cooperate with the Authority (at the Contractor‟s expense) to enable the Authority to comply with these Information disclosure obligations. 24.233.2. The Contractor shall and shall procure that its sub-contractors shall: 24.2.1 transfer 33.2.1. Transfer the Request for Information to the other Party as soon as practicable after receipt and in any event within two Working Days of receiving a Request for Information; 24.2.2 (provide 33.2.2. Provide the Authority with a copy of all Information in its possession or power in the form that the Authority requires within [five] Working Days (or such other period as the Authority may specify) of the Authority requesting that Information; and 24.2.3 provide 33.2.3. Provide all necessary assistance as reasonably requested by the Authority to enable the Authority to respond to a Request for Information within the time for compliance set out in section 10 of the FOI Act or regulation 5 of the Environmental Information Regulations. 24.333.3. The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other contract whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations. 24.433.4. In no event shall the Contractor respond directly to a Request for Information unless expressly authorised to do so by the Authority. 24.533.5. The Contractor acknowledges that (notwithstanding the provisions of Clause Condition 24) the Authority may, acting in accordance with the Department of Constitutional Affairs‟ Code of Practice on the Discharge of Functions of Public Authorities under Part I of the Freedom of Information Xxx 0000 (the “Code”), be obliged under the FOI Act, or the Environmental Information Regulations or the Services to disclose Information:- 24.5.133.5.1. in certain circumstances without consulting with the Contractor, or 24.5.233.5.2. following consultation with the Contractor and having taken its views into account, provided always that where Clause 24.5.1 Condition 33.5.1 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractor‟s attention after any such disclosure 33.6. The Contractor shall ensure that all information s retained for disclosure and shall permit the Authority to inspect such records as requested from time to time. 33.7. The Contractor acknowledges that any lists or schedules provided by it outlining Confidential Information or commercially sensitive information are of indicative value only and that the Authority may nevertheless be obliged to disclose such Confidential Information or commercially sensitive information.

Freedom of Information. 24.1. 24.1 The Contractor Supplier acknowledges that the Authority is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations and shall assist and cooperate co-operate with the Authority (at the Contractor‟s expense) to enable the Authority to comply with these its Information disclosure obligations. 24.2. 24.2 The Contractor Supplier shall and shall procure that its subSub-contractors Contractors shall: 24.2.1 transfer to the Request Authority all Requests for Information to the other Party that it receives as soon as practicable after receipt and in any event within two (2) Working Days of receiving a Request for Information; 24.2.2 (provide the Authority with a copy of all Information Information, relevant to a Request for Information, in its control, possession or power power, in the form that the Authority requires requests within [five] five (5) Working Days (or such other period as the Authority may specify) of the Authority requesting that InformationAuthority's request; and 24.2.3 provide all necessary assistance as reasonably requested by the Authority to enable the Authority to respond to a the Request for Information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation 5 of the Environmental Information Regulations. 24.3. 24.3 The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract Framework Agreement or any other contract agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations. 24.4. 24.4 In no event shall the Contractor Supplier respond directly to a Request for Information unless expressly authorised to do so by the AuthorityAuthority in writing. 24.5. 24.5 The Contractor Supplier acknowledges that (notwithstanding the provisions of this Clause 24) 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 I 1 of the Freedom of Information Xxx 0000 Act 2000 (“the “Code”), be obliged under the FOI ActFOIA, or the Environmental Information Regulations to disclose information concerning the Supplier or the Services to disclose Information:-Goods and Services: 24.5.1. 24.5.1 in certain circumstances without consulting with the Contractor, Supplier; or 24.5.2. 24.5.2 following consultation with the Contractor Supplier and having taken its it’s views into account, provided always that where Clause 24.5.1 24.5 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor Supplier advanced notice, or failing that, to draw the disclosure to the Contractor‟s Supplier's attention after any such disclosure. 24.6 The Supplier shall ensure that all Information is retained for disclosure in accordance with Clause 18 (Records and Audit Access) and shall permit the Authority to inspect such records as requested from time to time. 24.7 The Supplier acknowledges that the Commercially Sensitive Information listed in Framework Schedule 12 (Commercially Sensitive Information) is of indicative value only and that the Authority may be obliged to disclose it in accordance with Clause 24.5.

Freedom of Information. 24.1. 26.1 The Contractor Service Provider acknowledges that the Authority is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations and shall assist and cooperate co-operate with the Authority (at the Contractor‟s expense) to enable the Authority to comply with these its Information disclosure obligations. 24.2. 26.2 The Contractor Service Provider shall and shall procure that its sub-contractors shall: 24.2.1 26.2.1 transfer to the Request Authority all Requests for Information to the other Party that it receives as soon as practicable after receipt and in any event within two 2 (two) Working Days of receiving a Request for Information; 24.2.2 (26.2.2 provide the Authority with a copy of all Information in its possession possession, or power in the form that the Authority requires within [5 (five] ) Working Days (or such other period as the Authority may specify) of the Authority requesting that InformationAuthority's request; and 24.2.3 26.2.3 provide all necessary assistance as reasonably requested by the Authority to enable the Authority to respond to a the Request for Information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation 5 of the Environmental Information Regulations. 24.3. 26.3 The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other contract agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations. 24.4. 26.4 In no event shall the Contractor Service Provider respond directly to a Request for Information unless expressly authorised to do so by the Authority. 24.5. 26.5 The Contractor Service Provider acknowledges that (notwithstanding the provisions of this Clause 2426) the Authority may, acting in accordance with the Department of Constitutional Affairs‟ Code of Practice on the Discharge of Functions of Public Authorities under Part I of the Freedom of Information Xxx 0000 (the “Code”), may be obliged under the FOI ActFOIA, or the Environmental Information Regulations or to disclose information concerning the Service Provider, the Implementation Activities, the Services to disclose Information:-or this Contract: 24.5.1. 26.5.1 in certain circumstances without consulting with the Contractor, Service Provider; or 24.5.2. 26.5.2 following consultation with the Contractor Service Provider and having taken its their views into account, provided always that where Clause 24.5.1 26.5.1 applies the Authority shall, in accordance with any recommendations of the Code, shall take reasonable steps, where appropriate, to give the Contractor advanced Service Provider advance written notice, or failing that, to draw the disclosure to the Contractor‟s Service Provider's attention after any such disclosure. 26.6 The Service Provider shall ensure that all Information is retained for disclosure and shall permit the Authority to inspect such records as requested from time to time.

Freedom of Information. 24.1. The Contractor 21.1 Each Authority acknowledges that all of the Authority is Authorities are subject to the requirements provisions of the Code of Practice on Access to Government Information, the FOI Act FOISA and the Environmental Information Regulations EIR’s and each Authority shall where reasonable assist and cooperate co-operate with the any other Authority (at the Contractor‟s their own expense) to enable the that other Authority to comply with these Information information disclosure obligations. 24.2. The Contractor 21.2 Where an Authority receives a request for information under either the FOISA or the EIR’s in relation to information which it is holding on behalf of any of the other Authorities in relation to this Agreement, the Project and/or the Residual Waste Project, it shall (and shall procure that its consultants and/or sub-contractors shall:): 24.2.1 21.2.1 transfer the Request request for Information information to the other Party Authority as soon as practicable after receipt and in any event within two Working ten (10) Business Days of receiving a Request request for Informationinformation; 24.2.2 (21.2.2 provide the other Authority with a copy of all Information information relating to that request in its possession or power in the form that the Authority requires within [five] Working ten (10) Business Days (or such other longer period as the Authority may specify) of the Authority requesting that Informationinformation; and 24.2.3 21.2.3 provide all necessary assistance as reasonably requested by the other Authority to enable the Authority to respond to a Request request for Information information within the time for compliance set out in section 10 the FOISA or the EIR’s. 21.3 Where an Authority receives a request for information under the FOISA or the EIR’s which relates to this Agreement or the Project and/or the Residual Waste Project, it shall inform the other Authorities of the FOI Act request for information as soon as practicable after receipt and in any event at least ten (10) Business Days before disclosure and shall use all reasonable endeavours to consult with the other Authorities prior to disclosure and shall consider all representations made by the other Authorities in relation to the decision whether or regulation 5 of not to disclose the Environmental Information Regulationsinformation requested. 24.3. 21.4 The Authority Authorities shall be responsible for determining in its their absolute discretion and notwithstanding whether any other provision in this Contract information requested from them under the FOISA or any other contract whether the Commercially Sensitive Information and/or any other Information EIR’s: 21.4.1 is exempt from disclosure in accordance with under the provisions of the Code of Practice on Access to Government Information, FOIA FOISA or the Environmental Information RegulationsEIR’s; or 21.4.2 is to be disclosed in response to a request for information. 24.4. In no event shall the Contractor respond directly to a Request for Information unless expressly authorised to do so by the Authority. 24.5. The Contractor 21.5 Each Authority acknowledges that (notwithstanding the provisions of Clause 24) the Authority may, acting in accordance with the Department of Constitutional Affairs‟ Code of Practice on the Discharge of Functions of Public other Authorities under Part I of the Freedom of Information Xxx 0000 (the “Code”), may be obliged under the FOI Act, FOISA or the Environmental Information Regulations or the Services EIR’s to disclose Information:-information: 24.5.1. in certain circumstances 21.5.1 without consulting with the Contractor, orother Authority where it has not been practicable to achieve such consultation; or‌‌‌‌ 24.5.2. 21.5.2 following consultation with the Contractor other Authorities and having taken its their views into account, provided always that where Clause 24.5.1 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractor‟s attention after any such disclosure.

Freedom of Information. 24.1. 23.1 The Contractor acknowledges that the Authority Participant is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations and shall assist and cooperate with the Authority (at the Contractor‟s expense) Participant to enable the Authority Participant to comply with these its Information disclosure obligations. 24.2. 23.2 The Contractor shall and shall procure that its any sub-contractors shall: 24.2.1 shall transfer to the Request Participant all Requests for Information to the other Party that it or they receive as soon as practicable after receipt and in any event within two Working Days of receiving a Request for Information; 24.2.2 (provide . In addition, the Authority Contractor shall and shall procure that any relevant sub-contractor: provides the Participant with a copy of all Information in its possession possession, or power in the form that the Authority Participant requires within [five] five Working Days (or such other period as the Authority Participant may specify) of the Authority requesting that InformationParticipant's request; and 24.2.3 provide and provides all necessary assistance as reasonably requested by the Authority Participant to enable the Authority Participant to respond to a the Request for Information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation Regulation 5 of the Environmental Information Regulations. 24.3. 23.3 The Authority Participant shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Call-off Contract (or any other contract agreement) whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations. 24.4. 23.4 In no event shall the Contractor respond directly to a Request for Information unless expressly authorised to do so by the AuthorityParticipant. 24.5. 23.5 The Contractor acknowledges that (notwithstanding the provisions of Clause 24clause 25) the Participant and/or the Lead 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 I 1 of the Freedom of Information Xxx 0000 (the “Code”), Act 2000 be obliged under the FOI ActFOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Ordered Services to disclose Information:- 24.5.1. in certain circumstances circumstances: without consulting with the Contractor, or 24.5.2. ; or following consultation with the Contractor and having taken its views into account, ; provided always that where Clause 24.5.1 clause 0 applies the Authority Participant shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractor‟s Contractor’s attention after any such disclosure. 23.6 The Contractor shall ensure that all Information is retained for disclosure and shall permit the Participant to inspect such records as requested from time to time. 23.7 The Contractor acknowledges that the Commercially Sensitive Information listed in the [Commercially Sensitive Information Schedule] is of indicative value only and that the Participant may be obliged to disclose it in accordance with this clause 23. 23.8 The Contractor shall ensure that any sub-contract it enters into in relation to this Contract contains a condition in similar terms to this clause 23 whereby the sub- contractor acknowledges the Participant’s responsibilities under the FOIA and the Environmental Information Regulations and agrees to co-operate with the Participant so that these responsibilities can be discharged.

Freedom of Information. 24.1. 15.1 The Contractor acknowledges that the Authority is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations and shall assist and cooperate with the Authority (at the Contractor‟s expense) to enable the Authority to comply with these its Information disclosure obligations. 24.2. 15.2 The Contractor shall and shall procure that its subSub-contractors shall: 24.2.1 15.2.1 transfer to the Request Authority all Requests for Information to the other Party that it receives as soon as practicable after receipt and in any event within two five Working Days of receiving a Request for Information; 24.2.2 (15.2.2 provide the Authority with a copy of all Information in its possession possession, or power in the form that the Authority requires within [five] five Working Days (or such other period as the Authority may specify) of the Authority requesting that InformationAuthority's request; and 24.2.3 15.2.3 provide all necessary assistance as reasonably requested by the Authority to enable the Authority to respond to a the Request for Information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation 5 of the Environmental Information Regulations. 24.3. 15.3 The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract Agreement or any other contract agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations. 24.4. 15.4 In no event shall the Contractor respond directly to a Request for Information unless expressly authorised to do so by the Authority. 24.5. 15.5 The Contractor acknowledges that (notwithstanding the provisions of Clause 2442) the Authority may, acting in accordance with the Department of Constitutional Affairs‟ Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part I 1 of the Freedom of Information Xxx 0000 (“the “Code”), be obliged under the FOI ActFOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Services to disclose Information:-Services: 24.5.1. 15.5.1 in certain circumstances without consulting with the Contractor, ; or 24.5.2. 15.5.2 following consultation with the Contractor and having taken its their views into account, ; provided always that where Clause 24.5.1 13.5.1 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractor‟s Contractor’s attention after any such disclosure. 15.6 The Contractor acknowledges that the Commercially Sensitive Information listed in schedule 4.1 is of indicative value only and that the Authority may be obliged to disclose it in accordance with clause 15.5.

Freedom of Information. 24.1. 35.1 The Contractor Subcontractor acknowledges that the Authority College is subject to the requirements of the Code Freedom of Practice on Access to Government Information, the FOI Act Information Xxx 0000 (“FOIA”) and the Environmental Information Regulations and 2004 (“EIR). 35.2 The College may, at its discretion, notify the Subcontractor that a request under the FOIA and/or the EIR for information concerning this Agreement has been submitted. 35.3 The Subcontractor shall assist and cooperate with the Authority (College at the Contractor‟s expense) Subcontractor’s expense to enable the Authority College to comply with these Information the disclosure obligations. 24.2. The Contractor shall requirements concerning information held by the College and shall procure that its sub-contractors shall: 24.2.1 transfer the Request for Information relating to the other Party as soon as practicable after receipt Subcontractor and/or or this Agreement and in any event within two Working Days of receiving a Request for Information; 24.2.2 (provide the Authority with a copy of all Information in its possession or power in the form that the Authority requires within [five] Working Days (or such other period as the Authority may specify) of the Authority requesting that Information; and 24.2.3 provide all necessary assistance as reasonably requested by the Authority to enable the Authority to respond to a Request for Information within the time for compliance set out in section 10 FOIA and/or the EIR. 35.4 Subject to any prior determination of the FOI Act or regulation 5 of Information Commissioner and/or the Environmental Information Regulations. 24.3. The Authority Tribunal and/or the courts, the College shall be responsible for determining in at its absolute discretion and notwithstanding any other provision in whether:- (a) the information relating to this Contract or any other contract whether the Commercially Sensitive Information and/or any other Information Agreement is exempt from disclosure under the FOIA and/or the EIR; (b) the information is to be disclosed in accordance with response to a request for information under the provisions of FOIA and/or the Code of Practice on Access to Government Information, FOIA or the Environmental Information RegulationsEIR. 24.4. In no event 35.5 The Subcontractor acknowledges that it is not a public authority under the FOIA and shall the Contractor not respond directly to a Request request for Information information under the FOIA and/or EIR concerning information relating to the College or to this Agreement unless expressly authorised to do so by the AuthorityCollege and shall notify the College if any such request is received by the Subcontractor. 24.5. 35.6 The Contractor Subcontractor acknowledges that (notwithstanding the provisions of Clause 24) the Authority College may, acting in accordance with the Department of Constitutional Affairs‟ Code of Practice on FOIA, and/or the Discharge of Functions of Public Authorities under Part I of the Freedom of Information Xxx 0000 (the “Code”)EIR, be obliged under the FOI Act, or the Environmental Information Regulations or the Services to disclose Information:- 24.5.1. in certain circumstances (a) without consulting with the ContractorSubcontractor, or 24.5.2. (b) following consultation with the Contractor Subcontractor and having taken its views into account, provided always that where Clause 24.5.1 applies but without any obligation on the Authority College to comply with those views. The Link to the Freedom of Information act xxxxx://xxx.xxx.xx/for-organisations/guide-to-freedom-of-information/what-is-the-foi-act/ The Subcontractor shall: 36.1 comply with all Relevant Requirements; 36.2 not engage in any activity, in accordance with any recommendations practice or conduct which would constitute an offence under sections 1, 2 or 6 of the CodeBribery Act (2010) if such activity, take reasonable stepspractice or conduct had been carried out in the UK; 36.3 comply with the College's anti-bribery and anti-corruption policies notified in writing to the Subcontractor from time to time by or on behalf of the College and the Subcontractor shall ensure that all of its employees engaged in any way in relation to the Services are fully aware of the College’s anti-bribery and anti-corruption policies and that all the Subcontractors and agents (of whatever tier) are engaged upon terms which contain provisions in relation to prevention of bribery and corruption no less onerous than this Clause 36; 36.4 have and shall maintain in place throughout the term of this Agreement its own policies and procedures, including adequate procedures to ensure compliance with the Relevant Requirements, the College's anti-bribery and anti-corruption policies and Clause 36.2 and will enforce them where appropriate; 36.5 promptly report to the College any request or demand for any undue financial or other advantage of any kind received by the Subcontractor in connection with the performance of this Agreement; 36.6 procure and ensure that all Associated Persons of the Subcontractor and/or other persons who are performing Services and/or providing goods in connection with this Agreement comply with this Clause 36; and 36.7 within 14 days of the date of this Agreement, and annually thereafter, certify to give the Contractor advanced noticeCollege in writing signed by an officer of the Subcontractor, compliance with this clause by the Subcontractor and all associated persons and all other persons for whom the Subcontractor is responsible. The Subcontractor shall provide such supporting evidence of compliance as the College may reasonably request. 36.8 Without prejudice to any other rights or remedies the College may terminate this Agreement on written notice to the Subcontractor specifying the date on which this Agreement will terminate in the event of a breach of this Clause 36. Breach of this clause shall be deemed a material breach which is not capable of remedy. 36.9 Without prejudice to any other rights or remedies the Subcontractor shall indemnify the College in full and on demand against any losses, liabilities, damages, costs (including but not limited to legal fees), claims and expenses incurred by, or failing thatawarded against, the College as a result of any breach of this clause by the Subcontractor (which shall include the acts or omissions of any associated person) and/or any breach of provisions equivalent to draw the disclosure to the Contractor‟s attention after this Clause 36 in any such disclosuresub-contract by any sub-contractor.

Freedom of Information. 24.1. 13.1 The Contractor acknowledges that the Authority Department is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations and shall assist and cooperate with the Authority (at the Contractor‟s expense) Department to enable the Authority Department to comply with these its Information disclosure obligations. 24.2. 13.2 The Contractor shall and shall procure that its subSub-contractors shall: 24.2.1 13.2.1 transfer to the Request Department all Requests for Information to the other Party that it receives as soon as practicable after receipt and in any event within two Working Days of receiving a Request for Information; 24.2.2 (13.2.2 provide the Authority Department with a copy of all Information in its possession possession, or power in the form that the Authority Department requires within [five] five Working Days (or such other period as the Authority Department may specify) of the Authority requesting that InformationDepartment's request; and 24.2.3 13.2.3 provide all necessary assistance as reasonably requested by the Authority Department to enable the Authority Department to respond to a the Request for Information within the time for compliance set out in section 10 of the FOI Act or regulation 5 of the Environmental Information Regulations.for 24.3. 13.3 The Authority Department shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract Agreement or any other contract agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations. 24.4. 13.4 In no event shall the Contractor respond directly to a Request for Information unless expressly authorised to do so by the AuthorityDepartment. 24.5. 13.5 The Contractor acknowledges that (notwithstanding the provisions of Clause 2413) the Authority Department may, acting in accordance with the Department of Constitutional Affairs‟ Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part I 1 of the Freedom of Information Xxx 0000 Act 2000 (“the “Code”), be obliged under the FOI ActFOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Services to disclose Information:-Project: 24.5.1. 13.5.1 in certain circumstances without consulting with the Contractor, ; or 24.5.2. 13.5.2 following consultation with the Contractor and having taken its their views into account, ; 13.5.3 provided always that where Clause 24.5.1 13.5.1 applies the Authority Department shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractor‟s Contractor’s attention after any such disclosure. 13.6 The Contractor shall ensure that all Information is retained for disclosure and shall permit the Department to inspect such records as requested from time to time.

Freedom of Information. 24.1. 13.1 The Contractor Supplier acknowledges that the Authority is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations EIRs. The Supplier shall: (a) provide all necessary assistance and shall assist and cooperate with cooperation as reasonably requested by the Authority (at the Contractor‟s expense) to enable the Authority to comply with these Information disclosure obligations.its obligations under the FOIA and EIRs; 24.2. The Contractor shall and shall procure that its sub-contractors shall: 24.2.1 (b) transfer to the Request Authority all Requests for Information relating to the other Party this Licence that it receives as soon as practicable after receipt and in any event within two 2 Working Days of receiving a Request for Informationreceipt; 24.2.2 (c) provide the Authority with a copy of all Information belonging to the Authority requested in the Request For Information which is in its possession or power control in the form that the Authority requires within [five] 5 Working Days (or such other period as the Authority may reasonably specify) of the Authority requesting that Authority's request for such Information; and 24.2.3 provide all necessary assistance as reasonably requested by the Authority to enable the Authority to (d) not respond directly to a Request for For Information within unless authorised in writing to do so by the time for compliance set out Authority. 13.2 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 Information (in accordance with the Cabinet Office's Freedom of Information Code of Practice issued under section 10 45 of the FOI Act or regulation 5 of FOIA) to the Environmental Information Regulations. 24.3. The extent that it is permissible and reasonably practical for it to do so but (notwithstanding any other provision in this Licence) the Authority shall be responsible for determining in its absolute discretion and notwithstanding whether any other provision in this Contract or any other contract whether the Commercially Sensitive Information commercially sensitive information and/or any other Information information is exempt from disclosure in accordance with the FOIA and/or the EIRs. 13.3 Notwithstanding any other term of this Licence, the Supplier consents to the publication of this Licence in its entirety (including variations), subject only to the redaction of information that is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulationsand EIRs. 24.4. In no event shall the Contractor respond directly to a Request for Information unless expressly authorised to do so by the Authority. 24.5. 13.4 The Contractor acknowledges that (notwithstanding the provisions of Clause 24) the Authority may, acting in accordance with the Department of Constitutional Affairs‟ Code of Practice on the Discharge of Functions of Public Authorities under Part I of the Freedom of Information Xxx 0000 (the “Code”), be obliged under the FOI Act, or the Environmental Information Regulations or the Services to disclose Information:- 24.5.1. in certain circumstances without consulting with the Contractor, or 24.5.2. following consultation with the Contractor and having taken its views into account, provided always that where Clause 24.5.1 applies the Authority shall, prior to publication, consult with the Supplier on the manner and format of publication and to inform its decision regarding any redactions but shall have the final decisions in accordance its absolute discretion. The Supplier shall assist and co-operate with any recommendations of the Code, take reasonable steps, where appropriate, Authority to give enable the Contractor advanced notice, or failing that, Authority to draw the disclosure to the Contractor‟s attention after any such disclosurepublish this Licence.

Freedom of Information. 24.1. 19.1 The Contractor Provider acknowledges that the Authority is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations and shall assist and cooperate with the Authority (at the Contractor‟s expense) to enable the Authority to comply with these its Information disclosure obligations. 24.2. 19.2 The Contractor Provider shall and shall procure that its subSub-contractors shall: 24.2.1 19.2.1 transfer to the Request Authority all Requests for Information to the other Party that it receives as soon as practicable after receipt and in any event within two Working Days of receiving a Request for Information; 24.2.2 (19.2.2 provide the Authority with a copy of all Information in its possession possession, or power in the form that the Authority requires within [five] five Working Days (or such other period as the Authority may specify) of the Authority requesting that InformationAuthority’s request; and 24.2.3 19.2.3 provide all necessary assistance as reasonably requested by the Authority to enable the Authority to respond to a the Request for Information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation 5 of the Environmental Information Regulations. 24.3. 19.3 The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract Framework Agreement or any other contract agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations. 24.4. 19.4 In no event shall the Contractor Authority respond directly to a Request for Information unless expressly authorised to do so by the Authority. 24.5. 19.5 The Contractor Provider acknowledges that (notwithstanding the provisions of Clause 2419.2) 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 I 1 of the Freedom of Information Xxx 0000 (“the “Code”), be obliged under the FOI ActFOIA, or the Environmental Information Regulations to disclose information concerning the Provider or the Services to disclose Information:-Services: 24.5.1. 19.5.1 in certain circumstances without consulting with the Contractor, Provider; or 24.5.2. 19.5.2 following consultation with the Contractor Provider and having taken its their views into account, ; 19.5.3 provided always that where Clause 24.5.1 19.2 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor Provider advanced notice, or failing that, to draw the disclosure to the Contractor‟s Provider’s attention after any such disclosure.

Freedom of Information. 24.1. 20.1 The Contractor Supplier acknowledges that the Contracting Authority is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations and shall assist and cooperate with the Contracting Authority (at the Contractor‟s expense) to enable the Contracting Authority to comply with these its Information disclosure obligations. 24.2. 20.2 The Contractor Supplier shall and shall procure that its sub-contractors shall: 24.2.1 20.2.1 transfer to the Request Contracting Authority all Requests for Information to the other Party that it receives as soon as practicable after receipt and in any event within two ten Working Days of receiving a Request for InformationInformation (but always in line with FOI guidance); 24.2.2 (20.2.2 provide the Contracting Authority with a copy of all Information in its possession possession, or power in the form that the Contracting Authority requires within [five] five Working Days (or such other period as the Contracting Authority may specify) of the Authority requesting that InformationContracting Authority’s request; and 24.2.3 20.2.3 provide all necessary assistance as reasonably requested by the Contracting Authority to enable the Contracting Authority to respond to a the Request for Information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation 5 of the Environmental Information Regulations. 24.3. 20.3 The Contracting Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract Framework Agreement or any other contract agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations. 24.4. 20.4 In no event shall the Contractor Supplier respond directly to a Request for Information unless expressly authorised to do so by the Authority. 24.5. 20.5 The Contractor Supplier acknowledges that (notwithstanding the provisions of Clause 24other provisions) the Contracting 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 I 1 of the Freedom of Information Xxx 0000 Act 2000 (“the “Code”), be obliged under the FOI ActFOIA, or the DocuSign Envelope ID: 51C8ADDE-AF37-427A-881C-CF36B06C5A7B Flexible Procurement and Supply of HH, NHH, Metered and UMS Electricity with Additional Services Y22009 Environmental Information Regulations to disclose information concerning the Supplier or the Services to disclose Information:-Services: 24.5.1. 20.5.1 in certain circumstances without consulting with the Contractor, Supplier; or 24.5.2. 20.5.2 following consultation with the Contractor Supplier and having taken its their views into account, provided always that where Clause 24.5.1 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractor‟s attention after any such disclosure.

Freedom of Information. 24.1. ‌ 11.1 The Contractor Recipient acknowledges that the Authority Funder is subject to the requirements of the Code Freedom of Practice on Access to Government Information, the FOI Act Information Xxx 0000 (FOIA) and the Environmental Information Regulations 2004 and shall assist and cooperate co-operate with the Authority Funder (at the Contractor‟s Recipient's expense) to enable the Authority Funder to comply with these Information information disclosure obligationsrequirements. 24.2. 11.2 The Contractor shall and shall procure that its sub-contractors Recipient shall: 24.2.1 (a) transfer the Request request for Information information to the other Party Funder as soon as practicable after receipt and in any event within two Working Days of receiving a Request request for Informationinformation; 24.2.2 (b) provide the Authority Funder with a copy of all Information information in its possession or power in the form that the Authority Funder requires within [five] Working Days five working days (or such other period as the Authority Funder may specify) of the Authority Funder requesting that Informationinformation; and 24.2.3 (c) provide all necessary assistance as reasonably requested by the Authority Funder to enable the Authority Funder to respond to a Request request for Information information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation 5 of the Environmental Information RegulationsRegulations 2004. 24.3. The Authority 11.3 In order to meet its obligations to comply with the FOIA the Funder shall be responsible for determining in at its absolute discretion and notwithstanding any other provision in this Contract or any other contract whether the Commercially Sensitive Information and/or any other Information information: (a) is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations.Regulations 2004; 24.4. In (b) is to be disclosed in response to a request for information, and in no event shall the Contractor Recipient respond directly to a Request request for Information information unless expressly authorised to do so by the AuthorityFunder. 24.5. 11.4 In no event shall the Recipient respond directly to a request for information unless expressly authorised to do so by the Funder. 11.5 The Contractor Recipient acknowledges that (notwithstanding the provisions of Clause 24) the Authority Funder may, acting in accordance with the Department Secretary of State for Constitutional Affairs‟ Affairs' Code of Practice on the Discharge discharge of Functions of Public Authorities public authorities' functions under Part I 1 of FOIA (issued under section 45 of the Freedom of Information Xxx 0000 (the “Code”FOIA, November 2004), be obliged under the FOI Act, FOIA or the Environmental Information Regulations or the Services 2004 to disclose Information:-information: 24.5.1. in certain circumstances (a) without consulting with the Contractor, Recipient; or 24.5.2. (b) following consultation with the Contractor Recipient and having taken its views into account, account,‌ provided always that where Clause 24.5.1 clause 11.5(b) applies the Authority Funder shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor Recipient advanced notice, or failing that, to draw the disclosure to the Contractor‟s Recipient's attention after any such disclosure. 11.6 The Recipient shall ensure that all information produced in the course of the Agreement or relating to the Agreement is retained for disclosure and shall permit the Funder to inspect such records as requested from time to time.

Freedom of Information. 24.1. 19.1 The Contractor Provider acknowledges that the Authority Council is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations and shall assist and cooperate with the Authority (at the Contractor‟s expense) Council to enable the Authority it to comply with these its Information disclosure obligations. 24.2. 19.2 The Contractor Provider shall and shall procure that its subSub-contractors shall: 24.2.1 19.2.1 transfer to the Request Council all Requests for Information to the other Party that it receives as soon as practicable after receipt and in any event within two Working Days of receiving a Request for Information; 24.2.2 (19.2.2 provide the Authority Council with a copy of all Information in its possession possession, or power in the form that the Authority Council requires within [five] five Working Days (or such other period as the Authority Council may specify) of the Authority requesting that InformationAuthorities’ request; and 24.2.3 19.2.3 provide all necessary assistance as reasonably requested by the Authority Council to enable the Authority it to respond to a the Request for Information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation 5 of the Environmental Information Regulations. 24.3. 19.3 The Authority Council shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract Agreement or any other contract agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations. 24.4. 19.4 In no event shall the Contractor Provider respond directly to a Request for Information unless expressly authorised to do so by the AuthorityCouncil. 24.5. 19.5 The Contractor Provider acknowledges that (notwithstanding the provisions of Clause 24) the Authority Council 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 I 1 of the Freedom of Information Xxx 0000 (“the “Code”), be obliged under the FOI ActFOIA, or the Environmental Information Regulations to disclose information concerning the Provider or the Services to disclose Information:-Services: 24.5.1. 19.5.1 in certain circumstances without consulting with the Contractor, Provider; or 24.5.2. 19.5.2 following consultation with the Contractor Provider and having taken its their views into account, ; 19.5.3 provided always that where Clause 24.5.1 19.2 applies the Authority Council shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor Provider advanced notice, or failing that, to draw the disclosure to the Contractor‟s Provider’s attention after any such disclosure. 19.6 The Provider shall ensure that all information produced in the course of the Agreement or relating to the Agreement is retained for disclosure and shall permit the Council to inspect such records as requested from time to time. 19.7 The Provider acknowledges that any lists or schedules provided by it outlining Confidential Information are of indicative value only and that the Council may nevertheless be obliged to disclose Confidential Information in accordance with the Law.

Freedom of Information. 24.1. 42.1 The Contractor acknowledges that the Authority is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act and the Environmental Information Regulations and Buyer shall assist and cooperate with the Authority (at the Contractor‟s expense) to enable the Authority to comply with these Information disclosure obligations. 24.2. The Contractor shall and shall procure that its sub-contractors shall: 24.2.1 transfer the Request for Information to the other Party as soon as practicable after receipt and in any event within two Working Days of receiving a Request for Information; 24.2.2 (provide the Authority with a copy of all Information Council in its possession or power in the form that the Authority requires within [five] Working Days (or such other period as the Authority may specify) of the Authority requesting that Information; and 24.2.3 provide all necessary assistance as reasonably requested by the Authority to enable the Authority to respond to a Request for Information within the time for compliance set out in section 10 of the FOI Act or regulation 5 of the Environmental Information Regulations. 24.3. The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other contract whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations. 24.4. In no event shall the Contractor respond directly to a Request for Information unless expressly authorised to do so by the Authority. 24.5. The Contractor acknowledges that (notwithstanding the provisions of Clause 24) the Authority may, acting in accordance with the Department of Constitutional Affairs‟ Code of Practice obligations imposed on the Discharge of Functions of Public Authorities under Part I of Council by the Freedom of Information Xxx 0000 (the “Code”), be obliged under the FOI Act, or "FOIA") and all subordinate legislation the Environmental Information Regulations or 2004 and which may also include any binding Guidance and codes of practice which may be published from time to time by the Services to disclose Information:- 24.5.1. in certain circumstances without consulting with the Contractor, or 24.5.2. following consultation with the Contractor and having taken its views into account, provided always that where Clause 24.5.1 applies the Authority shall, Department for Constitutional Affairs in accordance with any recommendations such legislation (all of which shall together be referred to as the "Rules") to the extent that such obligations relate to information held by the Buyer on behalf of the CodeCouncil or otherwise in connection with this Agreement or the Waterfront Central Development or the Waterfront East Development. For the avoidance of doubt, take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure this includes but is not limited to the Contractor‟s attention after obligations on the Buyer at the Buyer's reasonable expense to: 42.1.1 provide the Council with any information held by it (and not by the Council itself) as is necessary in order to allow the Council to comply with valid requests for information received from any person or body pursuant to the Rules. Such assistance shall be provided promptly and in any event within seven Working Days of the Council making a written request to the Buyer to provide any necessary information; and 42.1.2 use reasonable endeavours to inform the Council of any classes of information relating to the Waterfront Central Development or the Waterfront East Development in its possession which it holds on behalf of the Council which does not appear on the Councils' publication scheme; 42.1.3 procure that its Building Contractor and Professional Team shall assist the Council as set out in this clause 42; and 42.1.4 establish a secure and reliable portal via the Buyer's Solicitors to which encrypted access will be granted to the Council for the regular storage of plans, surveys, contracts, reports, financial appraisals, advice notes, minutes of meetings, strategies and such disclosureother information pertaining to the contents of this Agreement and which the Buyer shall procure is kept up to date and available to the Council. 42.2 The Buyer shall not knowingly act/omit to act (but excluding any acts/omissions to act requested by the Council) in such a way as to prevent the Council from complying with its obligations under the Rules.

Freedom of Information. 24.1. 19.1 The Contractor CONTRACTOR acknowledges that the Authority CUSTOMER is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations and shall assist and cooperate with the Authority (at the Contractor‟s expense) CUSTOMER to enable the Authority CUSTOMER to comply with these its Information disclosure obligations. 24.2. 19.2 The Contractor CONTRACTOR shall and shall procure that its subSub-contractors Contractors shall: 24.2.1 19.2.1 transfer to the Request CUSTOMER all Requests for Information to the other Party that it receives as soon as practicable after receipt and in any event within two (2) Working Days of receiving a Request for Information; 24.2.2 (19.2.2 provide the Authority CUSTOMER with a copy of all Information in its possession or power in the form that the Authority CUSTOMER requires within [five] five (5) Working Days (or such other period as the Authority CUSTOMER may specify) of the Authority requesting that InformationCUSTOMER’s request; andand Schedule 2 (Model Contract) v 1.00 27 24.2.3 19.2.3 provide all necessary assistance as reasonably requested by the Authority CUSTOMER to enable the Authority CUSTOMER to respond to a the Request for Information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation 5 of the Environmental Information Regulations. 24.3. 19.3 The Authority CUSTOMER shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other contract agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or the Environmental Information Regulations. 24.4. 19.4 In no event shall the Contractor CONTRACTOR respond directly to a Request for Information unless expressly authorised to do so by the AuthorityCUSTOMER. 24.5. 19.5 The Contractor CONTRACTOR acknowledges that (notwithstanding the provisions of this Clause 2419) the Authority CUSTOMER may, acting in accordance with the Department of Constitutional Affairs‟ Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part I 1 of the Freedom of Information Xxx 0000 Act 2000 (“the “Code”), be obliged under the FOI Act, FOIA or the Environmental Information Regulations to disclose information concerning the CONTRACTOR or the Services to disclose Information:-Ordered IT Products: 24.5.1. 19.5.1 in certain circumstances without consulting with the Contractor, CONTRACTOR; or 24.5.2. 19.5.2 following consultation with the Contractor CONTRACTOR and having taken its their views into account, provided always that where Clause 24.5.1 19.5.1 applies the Authority CUSTOMER shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor CONTRACTOR advanced notice, or failing that, to draw the disclosure to the Contractor‟s CONTRACTOR’s attention after any such disclosure. 19.6 The CONTRACTOR shall ensure that all Information is retained for disclosure and shall permit the CUSTOMER to inspect such records as requested from time to time. 19.7 The CONTRACTOR acknowledges that the Commercially Sensitive Information listed in Schedule 2-10 is of indicative value only and that the CUSTOMER may be obliged to disclose it in accordance with Clause 19.5.

Freedom of Information. 24.1. 18.1 The Contractor Fund and the Agent acknowledges that the Authority is subject to the requirements of the Code of Practice on Access to Government Information, the FOI Act FOIA and the Environmental Information Regulations and shall assist and cooperate co-operate with the Authority (at the Contractor‟s expense) to enable the Authority to comply with these its Information disclosure obligations. 24.2. 18.2 The Contractor Fund and the Agent shall and shall procure that its sub-contractors the Subcontractors shall: 24.2.1 18.2.1 transfer to the Request Authority all Requests for Information to the other Party that it or they receive as soon as practicable after receipt and in any event within two (2) Working Days of receiving a Request for Information; 24.2.2 (18.2.2 provide the Authority with a copy of all Information in its possession or power their possession, or control in the form that the Authority requires within [five] five (5) Working Days (or such other period as the Authority may specify) of the Authority requesting that InformationAuthority's request; and 24.2.3 18.2.3 provide all necessary assistance as reasonably requested by the Authority to enable the Authority to respond to a the Request for Information within the time for compliance set out in section 10 of the FOI Act FOIA or regulation 5 of the Environmental Information RegulationsRegulations (as relevant). 24.3. 18.3 The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this the Contract or any other contract agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Access to Government Information, FOIA or and/or the Environmental Information Regulations. 24.4. 18.4 In no event shall the Contractor Fund, the Agent or a Subcontractor respond directly to a Request for Information unless expressly authorised to do so by the Authority. 24.5. 18.5 The Contractor Fund and the Agent acknowledges that (notwithstanding the provisions of this Clause 2418 (Freedom of Information)) the Authority may, acting in accordance with the Department of Constitutional Affairs‟ Code of Practice on the Discharge of Functions of Public Authorities under Part I of the Freedom of Information Xxx 0000 (the “Code”), may be obliged under the FOI ActFOIA, or the Environmental Information Regulations or the Services to disclose Information:-information relating to the Contract: 24.5.1. 18.5.1 in certain circumstances without consulting with the Contractor, Fund or the Agent; or 24.5.2. 18.5.2 following consultation with the Contractor Fund and having taken its views view into account, ; provided always that where Clause 24.5.1 18.5.1 (Freedom of Information) applies the Authority shall, in accordance with any recommendations of the Code, shall take reasonable steps, where appropriate, to give the Contractor Fund advanced notice, or failing that, to draw the disclosure to the Contractor‟s Fund’s attention after any such disclosure. 18.6 The Fund and the Agent shall ensure that all Information is retained for disclosure in accordance with Schedule 6 (Commercially Sensitive Information) and shall permit the Authority to inspect such records as required from time to time. 18.7 The Fund and the Agent acknowledges that the Commercially Sensitive Information listed in Schedule 6 (Commercially Sensitive Information) is of indicative value only and that the Authority may be obliged to disclose it in accordance with Clause 18.5 (Freedom of Information).