Common use of Freedom of Information Clause in Contracts

Freedom of Information. 23.1.1 The Department and Provider acknowledge that both the Department and Provider are subject to legal duties under FOIA, which may require them to disclose on request information relating to this Agreement or otherwise relating to themselves. 23.1.2 The Department and Provider acknowledge and agree that both are required by Law to consider each and every request made under FOIA for information. 23.1.3 The Department and Provider acknowledge and agree that all decisions made by the other pursuant to a request under FOIA are solely a matter for and are at the discretion of the Department or the Provider respectively. 23.1.4 Notwithstanding anything in this Agreement to the contrary (including without limitation any obligations of confidentiality), the Department and Provider will be entitled to disclose information in whatever form pursuant to a request made under FOIA, save that in relation to any information that is Exempt Information the Department and/or Provider will use reasonable endeavours (but will not be obliged) to consult the other and will not: (a) confirm or deny that information is held by them; or (b) disclose information requested to the extent that in the Department or Provider’s opinion the information is eligible in the circumstances for an exemption and therefore the Department or Provider may lawfully refrain from doing either of the things described in parts (a) and (b) of this clause. 23.1.5 In relation to information relating to the Department or Provider or the Agreement which the Department or Provider requests should be exempt under the FOIA. The Department or Provider will indemnify the other for any and all costs (including legal fees) incurred by the other in: (a) assessing the application of any exemption under FOIA; and/or (b) responding to any FOIA notice; and/or (c) lodging any appeal against a decision of the Information Commissioner in relation to disclosure where such costs are incurred pursuant to efforts by the Department or Provider to withhold Exempt Information. 23.1.6 Neither the Department nor the Provider will on any account be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under FOIA of any Exempt Information or other information whether relating to this Agreement or otherwise relating to the Department or Provider. 23.1.7 The Department and Provider will assist each other as reasonably necessary to enable the Department and Provider to comply with its obligations under FOIA.

Freedom of Information. 23.1.1 25.1.1 The Department and Provider acknowledge Contractor acknowledges that both the Department and Provider are is subject to legal duties under FOIA, which may require them the Department to disclose on request information relating to this Agreement Contract or otherwise relating to themselvesthe Contractor. 23.1.2 25.1.2 The Contractor acknowledges and agrees that the Department and Provider acknowledge and agree that both are is required by Law to consider each and every request made under FOIA for information. 23.1.3 25.1.3 The Department Contractor acknowledges and Provider acknowledge and agree agrees that all decisions made by the other Department pursuant to a request under FOIA are solely a matter for and are at the discretion of the Department or the Provider respectivelyDepartment. 23.1.4 25.1.4 Notwithstanding anything in this Agreement Contract to the contrary (including without limitation any obligations of confidentiality), the Department and Provider will be entitled to disclose information in whatever form pursuant to a request made under FOIA, save that in relation to any information that is Exempt Information the Department and/or Provider will use reasonable endeavours (but will not be obliged) to consult the other Contractor and will not: (a) confirm or deny that information is held by themthe Department; or (b) disclose information requested to the extent that in the Department or ProviderDepartment’s opinion the information is eligible in the circumstances for an exemption and therefore the Department or Provider may lawfully refrain from doing either of the things described in parts (a) and (b) of this clause. 23.1.5 25.1.5 In relation to information relating to the Department or Provider Contractor or the Agreement Contract which the Department or Provider Contractor requests should be exempt under the FOIA. The Department or Provider Contractor will indemnify the other Department for any and all costs (including legal fees) incurred by the other Department in: (a) assessing the application of any exemption under FOIA; and/or (b) responding to any FOIA notice; and/or (c) lodging any appeal against a decision of the Information Commissioner in relation to disclosure where such costs are incurred pursuant to efforts by the Department or Provider to withhold Exempt Information. 23.1.6 Neither the 25.1.6 The Department nor the Provider will on any no account be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under FOIA of any Exempt Information or other information whether relating to this Agreement Contract or otherwise relating to the Department or ProviderContractor. 23.1.7 25.1.7 The Department and Provider Contractor will assist each other the Department as reasonably necessary to enable the Department and Provider to comply with its obligations under FOIA.

Freedom of Information. 23.1.1 The Department and Provider College acknowledge that both the Department and Provider College are subject to legal duties under FOIA, which may require them to disclose on request information relating to this Agreement or otherwise relating to themselves. 23.1.2 The Department and Provider College acknowledge and agree that both are required by Law to consider each and every request made under FOIA for information. 23.1.3 The Department and Provider College acknowledge and agree that all decisions made by the other pursuant to a request under FOIA are solely a matter for and are at the discretion of the Department or the Provider College respectively. 23.1.4 Notwithstanding anything in this Agreement to the contrary (including without limitation any obligations of confidentiality), the Department and Provider College will be entitled to disclose information in whatever form pursuant to a request made under FOIA, save that in relation to any information that is Exempt Information the Department and/or Provider College will use reasonable endeavours (but will not be obliged) to consult the other and will not: (a) confirm or deny that information is held by them; or (b) disclose information requested to the extent that in the Department or ProviderCollege’s opinion the information is eligible in the circumstances for an exemption and therefore the Department or Provider College may lawfully refrain from doing either of the things described in parts (a) and (b) of this clause. 23.1.5 In relation to information relating to the Department or Provider College or the Agreement which the Department or Provider College requests should be exempt under the FOIA. The Department or Provider College will indemnify the other for any and all costs (including legal fees) incurred by the other in: (a) assessing the application of any exemption under FOIA; and/or (b) responding to any FOIA notice; and/or (c) lodging any appeal against a decision of the Information Commissioner in relation to disclosure where such costs are incurred pursuant to efforts by the Department or Provider College to withhold Exempt Information. 23.1.6 Neither the Department nor the Provider College will on any account be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under FOIA of any Exempt Information or other information whether relating to this Agreement or otherwise relating to the Department or ProviderCollege. 23.1.7 The Department and Provider College will assist each other as reasonably necessary to enable the Department and Provider College to comply with its obligations under FOIA.

Freedom of Information. 23.1.1 The Department and Provider acknowledge Employer acknowledges that both the Department and Provider are is subject to legal duties under FOIA, which may require them the Department to disclose on request information relating to this Agreement or otherwise relating to themselvesthe Employer. 23.1.2 The Employer acknowledges and agrees that the Department and Provider acknowledge and agree that both are is required by Law Xxx to consider each and every request made under FOIA for information. 23.1.3 The Department Employer acknowledges and Provider acknowledge and agree agrees that all decisions made by the other Department pursuant to a request under FOIA are solely a matter for and are at the discretion of the Department or the Provider respectivelyDepartment. 23.1.4 Notwithstanding anything in this Agreement to the contrary (including without limitation any obligations of confidentiality), the Department and Provider will be entitled to disclose information in whatever form pursuant to a request made under FOIA, save that in relation to any information that is Exempt Information the Department and/or Provider will use reasonable endeavours (but will not be obliged) to consult the other Employer and will not: (a) confirm or deny that information is held by themthe Department; or (b) disclose information requested to the extent that in the Department or ProviderDepartment’s opinion the information is eligible in the circumstances for an exemption and therefore the Department or Provider may lawfully refrain from doing either of the things described in parts (a) and (b) of this clause. 23.1.5 In relation to information relating to the Department or Provider Employer or the Agreement which the Department or Provider Employer requests should be exempt under the FOIA. The Department or Provider Employer will indemnify the other Department for any and all costs (including legal fees) incurred by the other Department in: (a) assessing the application of any exemption under FOIA; and/or (b) responding to any FOIA notice; and/or (c) lodging any appeal against a decision of the Information Commissioner in relation to disclosure where such costs are incurred pursuant to efforts by the Department or Provider to withhold Exempt Information. 23.1.6 Neither the The Department nor the Provider will on any no account be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under FOIA of any Exempt Information or other information whether relating to this Agreement or otherwise relating to the Department or ProviderEmployer. 23.1.7 The Department and Provider Employer will assist each other the Department as reasonably necessary to enable the Department and Provider to comply with its obligations under FOIA.

Freedom of Information. 23.1.1 7.1.1. The Department Contractor acknowledges and Provider acknowledge agrees that both the Department and Provider are ESFA is subject to legal duties under FOIA, which may require them the ESFA to disclose on request information relating to this Agreement Contract or otherwise relating to themselvesthe Contractor. 23.1.2 7.1.2. The Department Contractor acknowledges and Provider acknowledge and agree agrees that both are the ESFA is required by Law law to consider each and every request made under FOIA for information. 23.1.3 7.1.3. The Department Contractor acknowledges and Provider acknowledge and agree agrees that all decisions made by the other ESFA pursuant to a request under FOIA are solely a matter for and are at the discretion of the Department or the Provider respectivelyESFA. 23.1.4 7.1.4. Notwithstanding anything in this Agreement Contract to the contrary (including without limitation any obligations of confidentiality), the Department and Provider will ESFA shall be entitled to disclose information in whatever form pursuant to a request made under FOIA, save that in relation to any information that is Exempt Information the Department and/or Provider will ESFA shall use reasonable endeavours (but will shall not be obliged) to consult the other Contractor and will shall not: (a) confirm or deny that information is held by themthe ESFA; or (b) disclose information requested to the extent that in the Department or ProviderESFA’s opinion the information is eligible in the circumstances for an exemption and therefore the Department or Provider ESFA may lawfully refrain from doing either of the things described in parts (a) and (b) of this clauseClause 7.1. 23.1.5 7.1.5. In relation to information relating to the Department or Provider Contractor or the Agreement Contract which the Department or Provider Contractor requests should be exempt under the FOIA. The Department or Provider will Contractor shall indemnify the other ESFA for any and all costs (including legal fees) incurred by the other ESFA in: (a) assessing the application of any exemption under FOIA; and/or (b) responding to any FOIA notice; and/or (c) lodging any appeal against a decision of the Information Commissioner in relation to disclosure where such costs are incurred pursuant to efforts by the Department or Provider ESFA to withhold Exempt Information. 23.1.6 Neither the Department nor the Provider will on any account 7.1.6. The ESFA shall in no event be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under FOIA of any Exempt Information or other information whether relating to this Agreement Contract or otherwise relating to the Department or ProviderContractor. 23.1.7 7.1.7. The Department and Provider will Contractor shall assist each other the ESFA as reasonably necessary to enable the Department and Provider ESFA to comply with its obligations under FOIA.

Freedom of Information. 23.1.1 The Department and Provider acknowledge that both the Department and Provider are subject to legal duties under FOIAthe FOIA and the EIR, which may require them to disclose on request information relating to this Agreement or otherwise relating to themselves. 23.1.2 The Department and Provider acknowledge and agree that both are required by Law to consider each and every request made under the FOIA and/or the EIR for information. 23.1.3 The Department and Provider acknowledge and agree that all decisions made by the other pursuant to a request under the FOIA and/or the EIR are solely a matter for and are at the discretion of the Department or the Provider respectively. 23.1.4 Notwithstanding anything in this Agreement to the contrary (including without limitation any obligations of confidentiality), the Department and Provider will be entitled to disclose information in whatever form pursuant to a request made under FOIAthe FOIA and/or the EIR, save that in relation to any information that is Exempt Information the Department and/or Provider will use reasonable endeavours (but will not be obliged) to consult the other and will not: (a) confirm or deny that information is held by them; or (b) disclose information requested to the extent that in the Department or Provider’s opinion the information is eligible in the circumstances for an exemption and therefore the Department or Provider may lawfully refrain from doing either of the things described in parts (a) and (b) of this clausedisclosing such information. 23.1.5 In relation to information relating to the Department or Provider or the Agreement which the Department or Provider requests should be exempt under the FOIA. The FOIA and/or the EIR the Department or Provider will indemnify the other for any and all costs (including legal fees) incurred by the other in: (a) assessing the application of any exemption under FOIAthe FOIA and/or the EIR; and/or (b) responding to any FOIA noticeNotice; and/or (c) lodging any appeal against a decision of the Information Commissioner in relation to disclosure where such costs are incurred pursuant to efforts by the Department or Provider to withhold Exempt Information. 23.1.6 Neither the Department nor the Provider will on any account be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under the FOIA and/or the EIR of any Exempt Information or other information whether relating to this Agreement or otherwise relating to the Department or Provider. 23.1.7 The Department and Provider will assist each other as reasonably necessary to enable the Department and Provider to comply with its obligations under FOIAthe FOIA and/or the EIR.

Freedom of Information. 23.1.1 25.1.1 The Department and Provider acknowledge Contractor acknowledges that both the Department and Provider are is subject to legal duties under FOIA, which may require them the Department to disclose on request information relating to this Agreement Contract or otherwise relating to themselvesthe Contractor. 23.1.2 25.1.2 The Contractor acknowledges and agrees that the Department and Provider acknowledge and agree that both are is required by Law to consider each and every request made under FOIA for informationFOIA. 23.1.3 25.1.3 The Department Contractor acknowledges and Provider acknowledge and agree agrees that all decisions made by the other Department pursuant to a request under FOIA are solely a matter for and are at the discretion of the Department or the Provider respectivelyDepartment. 23.1.4 25.1.4 Notwithstanding anything in this Agreement Contract to the contrary (including without limitation any obligations of confidentiality), the Department and Provider will be entitled to disclose information in whatever form pursuant to a request made under FOIA, save that in relation to any information that is Exempt Information the Department and/or Provider will use reasonable endeavours (but will not be obliged) to consult the other Contractor and will not: (a) confirm or deny that information is held by themthe Department; or (b) disclose information requested to the extent that in the Department or ProviderDepartment’s opinion the information is eligible in the circumstances for an exemption and therefore the Department or Provider may lawfully refrain from doing either of the things described in parts (a) and (b) of this clauseClause 25.1.4. 23.1.5 25.1.5 In relation to information relating to the Department or Provider Contractor or the Agreement Contract which the Department or Provider Contractor requests should be exempt under the FOIA. The Department or Provider Contractor will indemnify the other Department for any and all costs (including legal fees) incurred by the other Department in: (a) assessing the application of any exemption under FOIA; and/or (b) responding to any FOIA notice; and/or (c) lodging any appeal against a decision of the Information Commissioner in relation to disclosure where such costs are incurred pursuant to efforts by the Department or Provider to withhold Exempt Information. 23.1.6 Neither the 25.1.6 The Department nor the Provider will on any no account be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under FOIA of any Exempt Information or other information whether relating to this Agreement Contract or otherwise relating to the Department or ProviderContractor. 23.1.7 25.1.7 The Department and Provider Contractor will assist each other the Department as reasonably necessary to enable the Department and Provider to comply with its obligations under FOIA. 25.1.8 Where the Contractor is a public authority (as defined in FOIA) this Clause 25.1 will apply to both Parties.

Freedom of Information. 23.1.1 7.1.1 The Department Contractor acknowledges and Provider acknowledge agrees that both the Department and Provider are ESFA is subject to legal duties under FOIA, which may require them the ESFA to disclose on request information relating to this Agreement Contract or otherwise relating to themselvesthe Contractor. 23.1.2 7.1.2 The Department Contractor acknowledges and Provider acknowledge and agree agrees that both are the ESFA is required by Law Xxx to consider each and every request made under FOIA for information. 23.1.3 7.1.3 The Department Contractor acknowledges and Provider acknowledge and agree agrees that all decisions made by the other ESFA pursuant to a request under FOIA are solely a matter for and are at the discretion of the Department or the Provider respectivelyESFA. 23.1.4 7.1.4 Notwithstanding anything in this Agreement Contract to the contrary (including without limitation any obligations of confidentiality), the Department and Provider will ESFA shall be entitled to disclose information in whatever form pursuant to a request made under FOIA, save that in relation to any information that is Exempt Information the Department and/or Provider will ESFA shall use reasonable endeavours (but will shall not be obliged) to consult the other Contractor and will shall not: (a) confirm or deny that information is held by themthe ESFA; or (b) disclose information requested to the extent that in the Department or ProviderESFA’s opinion the information is eligible in the circumstances for an exemption and therefore the Department or Provider ESFA may lawfully refrain from doing either of the things described in parts (a) and (b) of this clause. 23.1.5 7.1.5 In relation to information relating to the Department or Provider Contractor or the Agreement Contract which the Department or Provider Contractor requests should be exempt under the FOIA. The Department or Provider will Contractor shall indemnify the other ESFA for any and all costs (including legal fees) incurred by the other ESFA in: (a) assessing the application of any exemption under FOIA; and/or (b) responding to any FOIA notice; and/or (c) lodging any appeal against a decision of the Information Commissioner in relation to disclosure where such costs are incurred pursuant to efforts by the Department or Provider ESFA to withhold Exempt Information. 23.1.6 Neither the Department nor the Provider will on any account 7.1.6 The ESFA shall in no event be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under FOIA of any Exempt Information or other information whether relating to this Agreement Contract or otherwise relating to the Department or ProviderContractor. 23.1.7 7.1.7 The Department and Provider will Contractor shall assist each other the ESFA as reasonably necessary to enable the Department and Provider ESFA to comply with its obligations under FOIA.

Freedom of Information. 23.1.1 The Department and Provider acknowledge that both the Department and Provider are subject to legal duties under FOIA, which may require them to disclose on request information relating to this Agreement or otherwise relating to themselves. 23.1.2 . The Department and Provider acknowledge and agree that both are required by Law to consider each and every request made under FOIA for information. 23.1.3 . The Department and Provider acknowledge and agree that all decisions made by the other pursuant to a request under FOIA are solely a matter for and are at the discretion of the Department or the Provider respectively. 23.1.4 . Notwithstanding anything in this Agreement to the contrary (including without limitation any obligations of confidentiality), the Department and Provider will be entitled to disclose information in whatever form pursuant to a request made under FOIA, save that in relation to any information that is Exempt Information the Department and/or Provider will use reasonable endeavours (but will not be obliged) to consult the other and will not: (a) confirm or deny that information is held by them; or (b) disclose information requested to the extent that in the Department or Provider’s opinion the information is eligible in the circumstances for an exemption and therefore the Department or Provider may lawfully refrain from doing either of the things described in parts (a) and (b) of this clause. 23.1.5 . In relation to information relating to the Department or Provider or the Agreement which the Department or Provider requests should be exempt under the FOIA. The Department or Provider will indemnify the other for any and all costs (including legal fees) incurred by the other in: (a) assessing the application of any exemption under FOIA; and/or (b) responding to any FOIA notice; and/or (c) lodging any appeal against a decision of the Information Commissioner in relation to disclosure where such costs are incurred pursuant to efforts by the Department or Provider to withhold Exempt Information. 23.1.6 . Neither the Department nor the Provider will on any account be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under FOIA of any Exempt Information or other information whether relating to this Agreement or otherwise relating to the Department or Provider. 23.1.7 . The Department and Provider will assist each other as reasonably necessary to enable the Department and Provider to comply with its obligations under FOIA.

Freedom of Information. 23.1.1 7.1.1. The Department Contractor acknowledges and Provider acknowledge agrees that both the Department and Provider are ESFA is subject to legal duties under FOIA, which may require them the ESFA to disclose on request information relating to this Agreement Contract or otherwise relating to themselvesthe Contractor. 23.1.2 7.1.2. The Department Contractor acknowledges and Provider acknowledge and agree agrees that both are the ESFA is required by Law law to consider each and every request made under FOIA for information. 23.1.3 7.1.3. The Department Contractor acknowledges and Provider acknowledge and agree agrees that all decisions made by the other ESFA pursuant to a request under FOIA are solely a matter for and are at the discretion of the Department or the Provider respectivelyESFA. 23.1.4 7.1.4. Notwithstanding anything in this Agreement Contract to the contrary (including without limitation any obligations of confidentiality), the Department and Provider will ESFA shall be entitled to disclose information in whatever form pursuant to a request made under FOIA, save that in relation to any information that is Exempt Information the Department and/or Provider will ESFA shall use reasonable endeavours (but will shall not be obliged) to consult the other Contractor and will shall not: (a) confirm or deny that information is held by themthe ESFA; or (b) disclose information requested requested, to the extent that in the Department or ProviderESFA’s opinion the information is eligible in the circumstances for an exemption and therefore the Department or Provider ESFA may lawfully refrain from doing either of the things described in parts (a) and (b) of this clauseClause. 23.1.5 7.1.5. In relation to information relating to the Department or Provider Contractor or the Agreement Contract which the Department or Provider Contractor requests should be exempt under the FOIA. The Department or Provider will Contractor shall indemnify the other ESFA for any and all costs (including legal fees) incurred by the other ESFA in: (a) assessing the application of any exemption under FOIA; and/or (b) responding to any FOIA notice; and/or (c) lodging any appeal against a decision of the Information Commissioner in relation to disclosure disclosure, where such costs are incurred pursuant to efforts by the Department or Provider ESFA to withhold Exempt Information. 23.1.6 Neither the Department nor the Provider will on any account 7.1.6. The ESFA shall in no event be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under FOIA of any Exempt Information or other information whether relating to this Agreement Contract or otherwise relating to the Department or ProviderContractor. 23.1.7 7.1.7. The Department and Provider will Contractor shall assist each other the ESFA as reasonably necessary to enable the Department and Provider ESFA to comply with its obligations under FOIA.

Freedom of Information. 23.1.1 7.1.1. The Department Contractor acknowledges and Provider acknowledge agrees that both the Department and Provider are ESFA is subject to legal duties under FOIA, which may require them the ESFA to disclose on request information relating to this Agreement Contract or otherwise relating to themselvesthe Contractor. 23.1.2 7.1.2. The Department Contractor acknowledges and Provider acknowledge and agree agrees that both are the ESFA is required by Law law to consider each and every request made under FOIA for information. 23.1.3 7.1.3. The Department Contractor acknowledges and Provider acknowledge and agree agrees that all decisions made by the other ESFA pursuant to a request under FOIA are solely a matter for and are at the discretion of the Department or the Provider respectivelyESFA. 23.1.4 7.1.4. Notwithstanding anything in this Agreement Contract to the contrary (including without limitation any obligations of confidentiality), the Department and Provider will ESFA shall be entitled to disclose information in whatever form pursuant to a request made under FOIA, save that in relation to any information that is Exempt Information the Department and/or Provider will ESFA shall use reasonable endeavours (but will shall not be obliged) to consult the other Contractor and will shall not: (a) confirm or deny that information is held by themthe ESFA; or (b) disclose information requested to the extent that in the Department or ProviderESFA’s opinion the information is eligible in the circumstances for an exemption and therefore the Department or Provider ESFA may lawfully refrain from doing either of the things described in parts (a) and (b) of this clause. 23.1.5 7.1.5. In relation to information relating to the Department or Provider Contractor or the Agreement Contract which the Department or Provider Contractor requests should be exempt under the FOIA. The Department or Provider will Contractor shall indemnify the other ESFA for any and all costs (including legal fees) incurred by the other ESFA in: (a) assessing the application of any exemption under FOIA; and/or (b) responding to any FOIA notice; and/or (c) lodging any appeal against a decision of the Information Commissioner in relation to disclosure where such costs are incurred pursuant to efforts by the Department or Provider ESFA to withhold Exempt Information. 23.1.6 Neither the Department nor the Provider will on any account 7.1.6. The ESFA shall in no event be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under FOIA of any Exempt Information or other information whether relating to this Agreement Contract or otherwise relating to the Department or ProviderContractor. 23.1.7 7.1.7. The Department and Provider will Contractor shall assist each other the ESFA as reasonably necessary to enable the Department and Provider ESFA to comply with its obligations under FOIA.

Freedom of Information. 23.1.1 The Department 10.1 THE NMSS acknowledges and Provider acknowledge agrees that both the Department and Provider are THE ESFA is subject to legal duties under FOIA, which may require them THE ESFA to disclose on request information relating to this Funding Agreement or otherwise relating to themselvesTHE NMSS. 23.1.2 The Department 10.2 THE NMSS acknowledges and Provider acknowledge and agree agrees that both are THE ESFA is required by Law law to consider each and every request made under FOIA for information. 23.1.3 The Department 10.3 THE NMSS acknowledges and Provider acknowledge and agree agrees that all decisions made by the other THE ESFA pursuant to a request under FOIA are solely a matter for and are at the discretion of the Department or the Provider respectivelyTHE ESFA. 23.1.4 10.4 Notwithstanding anything in this Funding Agreement to the contrary (including without limitation any obligations of confidentiality), the Department and Provider will THE ESFA shall be entitled to disclose information in whatever form pursuant to a request made under FOIA, save that in relation to any information that is Exempt Information the Department and/or Provider will exempt information THE ESFA shall use reasonable endeavours (but will shall not be obliged) to consult the other THE NMSS and will shall not: (a) a. confirm or deny that information is held by themTHE ESFA; or (b) b. disclose information requested requested; to the extent that in the Department or ProviderTHE ESFA’s opinion the information is eligible in the circumstances for an exemption and therefore the Department or Provider THE ESFA may lawfully refrain from doing either of the things described in parts (a) and (b) of this clause. 23.1.5 10.5 In relation to information relating to the Department THE NMSS or Provider or the this Funding Agreement which the Department or Provider THE NMSS requests should be exempt under the FOIA. The Department or Provider will , THE NMSS shall indemnify the other THE ESFA for any and all costs (including legal fees) incurred by the other THE ESFA in: (a) a. assessing the application of any exemption under FOIA; and/or (b) b. responding to any FOIA notice; and/or (c) c. lodging any appeal against a decision of the Information Commissioner Commissioner's Office in relation to disclosure disclosure; where such costs are incurred pursuant to efforts by the Department or Provider THE ESFA to withhold Exempt Informationexempt information following a request from THE NMSS. 23.1.6 Neither the 10.6 The Department nor the Provider will on any account shall in no event be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under FOIA of any Exempt Information exempt information or other information whether relating to this Funding Agreement or otherwise relating to the Department or ProviderTHE NMSS. 23.1.7 The Department and Provider will 10.7 THE NMSS shall assist each other THE ESFA as THE ESFA reasonably deems necessary to enable the Department and Provider THE ESFA to comply with its obligations under FOIA.

Freedom of Information. 23.1.1 25.1.1 The Department and Provider acknowledge Contractor acknowledges that both the Department and Provider are is subject to legal duties under FOIAthe FOIA and the EIR, which may require them the Department to disclose on request information relating to this Agreement Contract or otherwise relating to themselvesthe Contractor. 23.1.2 25.1.2 The Contractor acknowledges and agrees that the Department and Provider acknowledge and agree that both are is required by Law to consider each and every request made under the FOIA and/or the EIR for information. 23.1.3 25.1.3 The Department Contractor acknowledges and Provider acknowledge and agree agrees that all decisions made by the other Department pursuant to a request under the FOIA and/or the EIR are solely a matter for and are at the discretion of the Department or the Provider respectivelyDepartment. 23.1.4 25.1.4 Notwithstanding anything in this Agreement Contract to the contrary (including without limitation any obligations of confidentiality), the Department and Provider will be entitled to disclose information in whatever form pursuant to a request made under FOIAthe FOIA and/or the EIR, save that in relation to any information that is Exempt Information the Department and/or Provider will use reasonable endeavours (but will not be obliged) to consult the other Contractor and will not: (a) confirm or deny that information is held by themthe Department; or (b) disclose information requested to the extent that in the Department or ProviderDepartment’s opinion the information is eligible in the circumstances for an exemption and therefore the Department or Provider may lawfully refrain from doing either of the things described in parts (a) and (b) of this clausedisclosing such information. 23.1.5 25.1.5 In relation to information relating to the Department or Provider Contractor or the Agreement Contract which the Department or Provider Contractor requests should be exempt under the FOIA. The Department or Provider FOIA and/or the EIR the Contractor will indemnify the other Department for any and all costs (including legal fees) incurred by the other Department in: (a) assessing the application of any exemption under FOIAthe FOIA and/or the EIR; and/or (b) responding to any FOIA noticeNotice; and/or (c) lodging any appeal against a decision of the Information Commissioner in relation to disclosure where such costs are incurred pursuant to efforts by the Department or Provider to withhold Exempt Information. 23.1.6 Neither the 25.1.6 The Department nor the Provider will on any no account be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under the FOIA and/or the EIR of any Exempt Information or other information whether relating to this Agreement Contract or otherwise relating to the Department or ProviderContractor. 23.1.7 25.1.7 The Department and Provider Contractor will assist each other the Department as reasonably necessary to enable the Department and Provider to comply with its obligations under the FOIA and/or the EIR. 25.1.8 Where the Contractor is a public authority (as defined in FOIA) this Clause 25.1 will apply to both Parties.

Freedom of Information. 23.1.1 6.1.1. The Department Contractor acknowledges and Provider acknowledge agrees that both the Department and Provider are ESFA is subject to legal duties under FOIA, which may require them the ESFA to disclose on request information relating to this Agreement Contract or otherwise relating to themselvesthe Contractor. 23.1.2 6.1.2. The Department Contractor acknowledges and Provider acknowledge and agree agrees that both are the ESFA is required by Law law to consider each and every request made under FOIA for information. 23.1.3 6.1.3. The Department Contractor acknowledges and Provider acknowledge and agree agrees that all decisions made by the other ESFA pursuant to a request under FOIA are solely a matter for and are at the discretion of the Department or the Provider respectivelyESFA. 23.1.4 6.1.4. Notwithstanding anything in this Agreement Contract to the contrary (including without limitation any obligations of confidentiality), the Department and Provider will ESFA shall be entitled to disclose information in whatever form pursuant to a request made under FOIA, save that in relation to any information that is Exempt Information the Department and/or Provider will ESFA shall use reasonable endeavours (but will shall not be obliged) to consult the other Contractor and will shall not: (a) confirm or deny that information is held by themthe ESFA; or (b) disclose information requested to the extent that in the Department or ProviderESFA’s opinion the information is eligible in the circumstances for an exemption and therefore the Department or Provider ESFA may lawfully refrain from doing either of the things described in parts (a) and (b) of this clauseClause. 23.1.5 6.1.5. In relation to information relating to the Department or Provider Contractor or the Agreement Contract which the Department or Provider Contractor requests should be exempt under the FOIA. The Department or Provider will the Contractor shall indemnify the other ESFA for any and all costs (including legal fees) incurred by the other ESFA in: (a) assessing the application of any exemption under FOIA; and/or (b) responding to any FOIA notice; and/or (c) lodging any appeal against a decision of the Information Commissioner in relation to disclosure where such costs are incurred pursuant to efforts by the Department or Provider ESFA to withhold Exempt Information. 23.1.6 Neither the Department nor the Provider will on any account 6.1.6. The ESFA shall in no event be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under FOIA of any Exempt Information or other information whether relating to this Agreement Contract or otherwise relating to the Department or ProviderContractor. 23.1.7 6.1.7. The Department and Provider will Contractor shall assist each other the ESFA as reasonably necessary to enable the Department and Provider ESFA to comply with its obligations under FOIA.

Freedom of Information. 23.1.1 The Department and Provider NMSS acknowledge that both the Department and Provider NMSS are subject to legal duties under FOIA, which may require them to disclose on request information relating to this Agreement or otherwise relating to themselves. 23.1.2 The Department and Provider NMSS acknowledge and agree that both are required by Law to consider each and every request made under FOIA for information. 23.1.3 The Department and Provider NMSS acknowledge and agree that all decisions made by the other pursuant to a request under FOIA are solely a matter for and are at the discretion of the Department or the Provider NMSS respectively. 23.1.4 Notwithstanding anything in this Agreement to the contrary (including without limitation any obligations of confidentiality), the Department and Provider NMSS will be entitled to disclose information in whatever form pursuant to a request made under FOIA, save that in relation to any information that is Exempt Information the Department and/or Provider NMSS will use reasonable endeavours (but will not be obliged) to consult the other and will not: (a) confirm or deny that information is held by them; or (b) disclose information requested to the extent that in the Department or ProviderNMSS’s opinion the information is eligible in the circumstances for an exemption and therefore the Department or Provider NMSS may lawfully refrain from doing either of the things described in parts (a) and (b) of this clause. 23.1.5 In relation to information relating to the Department or Provider NMSS or the Agreement which the Department or Provider NMSS requests should be exempt under the FOIA. The Department or Provider NMSS will indemnify the other for any and all costs (including legal fees) incurred by the other in: (a) assessing the application of any exemption under FOIA; and/or (b) responding to any FOIA notice; and/or (c) lodging any appeal against a decision of the Information Commissioner in relation to disclosure where such costs are incurred pursuant to efforts by the Department or Provider NMSS to withhold Exempt Information. 23.1.6 Neither the Department nor the Provider NMSS will on any account be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under FOIA of any Exempt Information or other information whether relating to this Agreement or otherwise relating to the Department or ProviderNMSS. 23.1.7 The Department and Provider NMSS will assist each other as reasonably necessary to enable the Department and Provider NMSS to comply with its obligations under FOIA.

Freedom of Information. 23.1.1 7.1.1. The Department Contractor acknowledges and Provider acknowledge agrees that both the Department and Provider are is subject to legal duties under FOIA, which may require them the Department to disclose on request information relating to this Agreement Contract or otherwise relating to themselvesthe Contractor. 23.1.2 7.1.2. The Contractor acknowledges and agrees that the Department and Provider acknowledge and agree that both are is required by Law law to consider each and every request made under FOIA for information. 23.1.3 7.1.3. The Department Contractor acknowledges and Provider acknowledge and agree agrees that all decisions made by the other Department pursuant to a request under FOIA are solely a matter for and are at the discretion of the Department or the Provider respectivelyDepartment. 23.1.4 7.1.4. Notwithstanding anything in this Agreement Contract to the contrary (including without limitation any obligations of confidentiality), the Department and Provider will shall be entitled to disclose information in whatever form pursuant to a request made under FOIA, save that in relation to any information that is Exempt Information the Department and/or Provider will shall use reasonable endeavours (but will shall not be obliged) to consult the other Contractor and will shall not: (a) confirm or deny that information is held by themthe Department; or (b) disclose information requested to the extent that in the Department or ProviderDepartment’s opinion the information is eligible in the circumstances for an exemption and therefore the Department or Provider may lawfully refrain from doing either of the things described in parts (a) and (b) of this clauseClause 7.1. 23.1.5 7.1.5. In relation to information relating to the Department or Provider Contractor or the Agreement Contract which the Department or Provider Contractor requests should be exempt under the FOIA. The Department or Provider will Contractor shall indemnify the other Department for any and all costs (including legal fees) incurred by the other Department in: (a) assessing the application of any exemption under FOIA; and/or (b) responding to any FOIA notice; and/or (c) lodging any appeal against a decision of the Information Commissioner in relation to disclosure where such costs are incurred pursuant to efforts by the Department or Provider to withhold Exempt Information. 23.1.6 Neither the 7.1.6. The Department nor the Provider will on any account shall in no event be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under FOIA of any Exempt Information or other information whether relating to this Agreement Contract or otherwise relating to the Department or ProviderContractor. 23.1.7 7.1.7. The Contractor shall assist the Department and Provider will assist each other as reasonably necessary to enable the Department and Provider to comply with its obligations under FOIA.

Freedom of Information. 23.1.1 The Department and Provider acknowledge that both the Department and Provider are subject to legal duties under FOIAthe FOIA and the EIR, which may require them to disclose on request information relating to this Agreement or otherwise relating to themselves. 23.1.2 The Department and Provider acknowledge and agree that both are required by Law to consider each and every request made under the FOIA and/or the EIR for information. 23.1.3 The Department and Provider acknowledge and agree that all decisions made by the other pursuant to a request under the FOIA and/or the EIR are solely a matter for and are at the discretion of the Department or the Provider respectively. 23.1.4 Notwithstanding anything in this Agreement to the contrary (including without limitation any obligations of confidentiality), the Department and Provider will be entitled to disclose information in whatever form pursuant to a request made under FOIAthe FOIA and/or the EIR, save that in relation to any information that is Exempt Information the Department and/or Provider will use reasonable endeavours (but will not be obliged) to consult the other and will not: (a) confirm or deny that information is held by them; or (b) disclose information requested to the extent that in the Department’s opinion the information is eligible in the circumstances for an exemption and therefore the Department may lawfully refrain from disclosing such information. to the extent that in the Department or Provider’s opinion the information is eligible in the circumstances for an exemption and therefore the Department or Provider may lawfully refrain from doing either of the things described in parts (a) and (b) of this clausedisclosing such information. 23.1.5 In relation to information relating to the Department or Provider or the Agreement which the Department or Provider requests should be exempt under the FOIA. The FOIA and/or the EIR the Department or Provider will indemnify the other for any and all costs (including legal fees) incurred by the other in: (a) assessing the application of any exemption under FOIAthe FOIA and/or the EIR; and/or (b) responding to any FOIA noticeNotice; and/or (c) lodging any appeal against a decision of the Information Commissioner in relation to disclosure where such costs are incurred pursuant to efforts by the Department or Provider to withhold Exempt Information. 23.1.6 Neither the Department nor the Provider will on any account be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under the FOIA and/or the EIR of any Exempt Information or other information whether relating to this Agreement or otherwise relating to the Department or Provider. 23.1.7 The Department and Provider will assist each other as reasonably necessary to enable the Department and Provider to comply with its obligations under FOIAthe FOIA and/or the EIR.

Freedom of Information. 23.1.1 26.1.1 The Department and Provider acknowledge that both the Department and Provider are subject to legal duties under FOIAthe FOIA and the EIR, which may require them to disclose on request information relating to this Agreement or otherwise relating to themselves. 23.1.2 26.1.2 The Department and Provider acknowledge and agree that both are required by Law to consider each and every request made under the FOIA and/or the EIR for information. 23.1.3 26.1.3 The Department and Provider acknowledge and agree that all decisions made by the other pursuant to a request under the FOIA and/or the EIR are solely a matter for and are at the discretion of the Department or the Provider respectively. 23.1.4 26.1.4 Notwithstanding anything in this Agreement to the contrary (including without limitation any obligations of confidentiality), the Department and Provider will be entitled to disclose information in whatever form pursuant to a request made under FOIAthe FOIA and/or the EIR, save that in relation to any information that is Exempt Information the Department and/or Provider will use reasonable endeavours (but will not be obliged) to consult the other and will not: (a) confirm or deny that information is held by them; or (b) disclose information requested to the extent that in the Department or Provider’s opinion the information is eligible in the circumstances for an exemption and therefore the Department or Provider may lawfully refrain from doing either of the things described in parts (a) and (b) of this clausedisclosing such information. 23.1.5 26.1.5 In relation to information relating to the Department or Provider or the Agreement which the Department or Provider requests should be exempt under the FOIA. The FOIA and/or the EIR the Department or Provider will indemnify the other for any and all costs (including legal fees) incurred by the other in: (a) assessing the application of any exemption under FOIAthe FOIA and/or the EIR; and/or (b) responding to any FOIA noticeNotice; and/or (c) lodging any appeal against a decision of the Information Commissioner in relation to disclosure where such costs are incurred pursuant to efforts by the Department or Provider to withhold Exempt Information. 23.1.6 26.1.6 Neither the Department nor the Provider will on any account be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under the FOIA and/or the EIR of any Exempt Information or other information whether relating to this Agreement or otherwise relating to the Department or Provider. 23.1.7 26.1.7 The Department and Provider will assist each other as reasonably necessary to enable the Department and Provider to comply with its obligations under FOIAthe FOIA and/or the EIR.

Freedom of Information. 23.1.1 The Department 16.2.1 the ESFA and Provider the College acknowledge and agree that both the Department and Provider are subject to legal duties under FOIA, which may require them the other to disclose on request information relating to this Agreement Financial Memorandum or otherwise relating to themselves.the ESFA or the College; 23.1.2 The Department 16.2.2 the ESFA and Provider the College acknowledge and agree that both are required by Law law to consider each and every request made under FOIA for information.; 23.1.3 The Department 16.2.3 the ESFA and Provider the College acknowledge and agree that all decisions made by the other pursuant to a request under FOIA are is solely a matter for and are at the discretion of the Department ESFA or the Provider respectively.College; 23.1.4 Notwithstanding 16.2.4 notwithstanding anything in this Agreement Financial Memorandum to the contrary (including without limitation any obligations of confidentiality), the Department ESFA and Provider will the College shall be entitled to disclose information in whatever form pursuant to a request made under FOIA, save that in relation to any information that is Exempt Information exempt information the Department and/or Provider will ESFA and the College shall use reasonable endeavours (but will shall not be obliged) to consult the other and will shall not: (a) confirm or deny that information is held by themheld; or (b) disclose information requested requested. to the extent that in the Department ESFA or ProviderCollege’s opinion the information is eligible in the circumstances for an exemption and therefore the Department ESFA or Provider College may lawfully refrain from doing either of the things described in parts (a) and (b) of this clause.; 23.1.5 In 16.2.5 in relation to information relating to the Department ESFA or Provider College or the Agreement Financial Memorandum which the Department ESFA or Provider College requests should be exempt under the FOIA. The Department FOIA the ESFA or Provider will the College shall indemnify the other ESFA for any and all costs (including legal fees) incurred by the other in: (a) assessing the application of any exemption under FOIA; and/or (b) responding to any FOIA notice; and/or (c) lodging any appeal against a decision of the Information Commissioner information commissioner in relation to disclosure disclosure. where such costs are incurred pursuant to efforts by the Department or Provider other to withhold Exempt Information.exempt information; 23.1.6 Neither 16.2.6 neither the Department nor ESFA or the Provider will on any account College shall be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under FOIA of any Exempt Information exempt information or other information whether relating to this Agreement Financial Memorandum or otherwise relating to the Department ESFA or Provider.the College; 23.1.7 The Department 16.2.7 the ESFA and Provider will the College shall assist each the other as reasonably necessary to enable the Department and Provider ESFA or the College to comply with its their obligations under FOIA.

Freedom of Information. 23.1.1 26.1.1 The Department and the Provider acknowledge that both the Department and the Provider are subject to legal duties under FOIAthe FOIA and the EIR, which may require them to disclose on request information relating to this Agreement or otherwise relating to themselvesone or both of them. 23.1.2 26.1.2 The Department and the Provider acknowledge and agree that they are both are required by Law to consider each and every request made under the FOIA and/or the EIR for information. 23.1.3 26.1.3 The Department and the Provider acknowledge and agree that all decisions made by the other pursuant to a request under the FOIA and/or the EIR are solely a matter for and are at the discretion of the Department or the Provider respectively. 23.1.4 26.1.4 Notwithstanding anything in this Agreement to the contrary (including without limitation any obligations of confidentiality), the Department and the Provider will be entitled to disclose information in whatever form pursuant to a request made under FOIAthe FOIA and/or the EIR, save that in relation to any information that is Exempt Information the Department and/or the Provider will use reasonable endeavours (but will not be obliged) to consult the other and will not: (a) confirm or deny that information is held by themit; or (b) disclose information requested to the extent that in the Department or the Provider’s opinion (as relevant) the information is eligible in the circumstances for an exemption and therefore the Department or the Provider may lawfully refrain from doing either of the things described in parts (a) and (b) of this clausedisclosing such information. 23.1.5 26.1.5 In relation to information relating to the Department or the Provider or the Agreement which the Department or the Provider requests should be exempt under the FOIA. The Department or Provider will indemnify FOIA and/or the other for any and all costs (including legal fees) incurred by the other in:EIR, the (a) assessing the application of any exemption under FOIAthe FOIA and/or the EIR; and/or (b) responding to any FOIA noticeNotice; and/or (c) lodging any appeal against a decision of the Information Commissioner in relation to disclosure where such costs are incurred pursuant to efforts by the Department or Provider to withhold Exempt Information. 23.1.6 26.1.6 Neither the Department nor the Provider will on any account be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under the FOIA and/or the EIR of any Exempt Information or other information whether relating to this Agreement or otherwise relating to the Department or the Provider. 23.1.7 26.1.7 The Department and the Provider will assist each other as reasonably necessary to enable the Department and the Provider to comply with its their obligations under FOIAthe FOIA and/or the EIR.

Freedom of Information. 23.1.1 The Department 6.2.1 THE CONTRACTOR acknowledges and Provider acknowledge agrees that both the Department and Provider are THE SFA is subject to legal duties under FOIA, which may require them THE SFA to disclose on request information relating to this Agreement Contract or otherwise relating to themselvesTHE CONTRACTOR. 23.1.2 The Department 6.2.2 THE CONTRACTOR acknowledges and Provider acknowledge and agree agrees that both are THE SFA is required by Law law to consider each and every request made under FOIA for information. 23.1.3 The Department 6.2.3 THE CONTRACTOR acknowledges and Provider acknowledge and agree agrees that all decisions made by the other THE SFA pursuant to a request under FOIA are solely a matter for and are at the discretion of the Department or the Provider respectivelyTHE SFA. 23.1.4 6.2.4 Notwithstanding anything in this Agreement Contract to the contrary (including without limitation any obligations of confidentiality), the Department and Provider will THE SFA shall be entitled to disclose information in whatever form pursuant to a request made under FOIA, save that in relation to any information that is Exempt Information the Department and/or Provider will THE SFA shall use reasonable endeavours (but will shall not be obliged) to consult the other THE CONTRACTOR and will shall not: (a) confirm or deny that information is held by themTHE SFA; or (b) disclose information requested to the extent that in the Department or ProviderTHE SFA’s opinion the information is eligible in the circumstances for an exemption and therefore the Department or Provider THE SFA may lawfully refrain from doing either of the things described in parts (a) and (b) of this clauseClause. 23.1.5 6.2.5 In relation to information relating to the Department or Provider THE CONTRACTOR or the Agreement Contract which the Department or Provider THE CONTRACTOR requests should be exempt under the FOIA. The Department or Provider will FOIA THE CONTRACTOR shall indemnify the other THE SFA for any and all costs (including legal fees) incurred by the other THE SFA in: (a) assessing the application of any exemption under FOIA; and/or (b) responding to any FOIA notice; and/or (c) lodging any appeal against a decision of the Information Commissioner in relation to disclosure where such costs are incurred pursuant to efforts by the Department or Provider THE SFA to withhold Exempt Information. 23.1.6 Neither the Department nor the Provider will on any account 6.2.6 THE SFA shall in no event be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under FOIA of any Exempt Information or other information whether relating to this Agreement Contract or otherwise relating to the Department or ProviderTHE CONTRACTOR. 23.1.7 The Department and Provider will 6.2.7 THE CONTRACTOR shall assist each other THE SFA as reasonably necessary to enable the Department and Provider THE SFA to comply with its obligations under FOIA.

Freedom of Information. 23.1.1 26.1.1 The Department and the Provider acknowledge that both the Department and the Provider are subject to legal duties under FOIAthe FOIA and the EIR, which may require them to disclose on request information relating to this Agreement or otherwise relating to themselvesone or both of them. 23.1.2 26.1.2 The Department and the Provider acknowledge and agree that they are both are required by Law to consider each and every request made under the FOIA and/or the EIR for information. 23.1.3 26.1.3 The Department and the Provider acknowledge and agree that all decisions made by the other pursuant to a request under the FOIA and/or the EIR are solely a matter for and are at the discretion of the Department or the Provider respectively. 23.1.4 26.1.4 Notwithstanding anything in this Agreement to the contrary (including without limitation any obligations of confidentiality), the Department and the Provider will be entitled to disclose information in whatever form pursuant to a request made under FOIAthe FOIA and/or the EIR, save that in relation to any information that is Exempt Information the Department and/or the Provider will use reasonable endeavours (but will not be obliged) to consult the other and will not: (a) confirm or deny that information is held by themit; or (b) disclose information requested to the extent that in the Department or the Provider’s opinion (as relevant) the information is eligible in the circumstances for an exemption and therefore the Department or the Provider may lawfully refrain from doing either of the things described in parts (a) and (b) of this clausedisclosing such information. 23.1.5 26.1.5 In relation to information relating to the Department or the Provider or the Agreement which the Department or the Provider requests should be exempt under the FOIA. The FOIA and/or the EIR, the Department or the Provider will indemnify the other for any and all costs (including legal fees) incurred by the other in: (a) assessing the application of any exemption under FOIAthe FOIA and/or the EIR; and/or (b) responding to any FOIA noticeNotice; and/or (c) lodging any appeal against a decision of the Information Commissioner in relation to disclosure where such costs are incurred pursuant to efforts by the Department or the Provider to withhold Exempt Information. 23.1.6 26.1.6 Neither the Department nor the Provider will on any account be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under the FOIA and/or the EIR of any Exempt Information or other information whether relating to this Agreement or otherwise relating to the Department or the Provider. 23.1.7 26.1.7 The Department and the Provider will assist each other as reasonably necessary to enable the Department and the Provider to comply with its their obligations under FOIAthe FOIA and/or the EIR.

Freedom of Information. 23.1.1 The Department and Provider acknowledge Employer acknowledges that both the Department and Provider are is subject to legal duties under FOIAthe FOIA and the EIR, which may require them the Department to disclose on request information relating to this Agreement or otherwise relating to themselvesthe Employer. 23.1.2 The Employer acknowledges and agrees that the Department and Provider acknowledge and agree that both are is required by Law Xxx to consider each and every request made under the FOIA and/or the EIR for information. 23.1.3 The Department Employer acknowledges and Provider acknowledge and agree agrees that all decisions made by the other Department pursuant to a request under the FOIA and/or the EIR are solely a matter for and are at the discretion of the Department or the Provider respectivelyDepartment. 23.1.4 Notwithstanding anything in this Agreement to the contrary (including without limitation any obligations of confidentiality), the Department and Provider will be entitled to disclose information in whatever form pursuant to a request made under FOIAthe FOIA and/or the EIR, save that in relation to any information that is Exempt Information the Department and/or Provider will use reasonable endeavours (but will not be obliged) to consult the other Employer and will not: (a) confirm or deny that information is held by themthe Department; or (b) disclose information requested to the extent that in the Department or ProviderDepartment’s opinion the information is eligible in the circumstances for an exemption and therefore the Department or Provider may lawfully refrain from doing either of the things described in parts (a) and (b) of this clausedisclosing such information. 23.1.5 In relation to information relating to the Department or Provider Employer or the Agreement which the Department or Provider Employer requests should be exempt under the FOIA. The Department or Provider FOIA and/or the EIR the Employer will indemnify the other Department for any and all costs (including legal fees) incurred by the other Department in: (a) assessing the application of any exemption under FOIAthe FOIA and/or the EIR; and/or (b) responding to any FOIA noticeNotice; and/or (c) lodging any appeal against a decision of the Information Commissioner in relation to disclosure where such costs are incurred pursuant to efforts by the Department or Provider to withhold Exempt Information. 23.1.6 Neither the The Department nor the Provider will on any no account be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under the FOIA and/or the EIR of any Exempt Information or other information whether relating to this Agreement or otherwise relating to the Department or ProviderEmployer. 23.1.7 The Department and Provider Employer will assist each other the Department as reasonably necessary to enable the Department and Provider to comply with its obligations under FOIAthe FOIA and/or the EIR.

Freedom of Information. 23.1.1 7.1.1 The Department Contractor acknowledges and Provider acknowledge agrees that both the Department and Provider are is subject to legal duties under FOIAthe FOIA and the EIR, which may require them the Department to disclose on request information relating to this Agreement Contract or otherwise relating to themselvesthe Contractor. 23.1.2 7.1.2 The Contractor acknowledges and agrees that the Department and Provider acknowledge and agree that both are is required by Law Xxx to consider each and every request made under the FOIA and/or the EIR for information. 23.1.3 7.1.3 The Department Contractor acknowledges and Provider acknowledge and agree agrees that all decisions made by the other Department pursuant to a request under the FOIA and/or the EIR are solely a matter for and are at the discretion of the Department or the Provider respectivelyDepartment. 23.1.4 7.1.4 Notwithstanding anything in this Agreement Contract to the contrary (including without limitation any obligations of confidentiality), the Department and Provider will shall be entitled to disclose information in whatever form pursuant to a request made under FOIAthe FOIA and/or the EIR, save that in relation to any information that is Exempt Information the Department and/or Provider will shall use reasonable endeavours (but will shall not be obliged) to consult the other Contractor and will shall not: (a) 7.1.4.1 confirm or deny that information is held by them; orthe Department; (b) 7.1.4.2 disclose information requested to the extent that in the Department or Provider’s Department's opinion the information is eligible in the circumstances for an exemption and therefore the Department or Provider may lawfully refrain from doing either of the things described in parts (a) and (b) of this clausedisclosing such information. 23.1.5 7.1.5 In relation to information relating to the Department or Provider Contractor or the Agreement Contract which the Department or Provider Contractor requests should be exempt under the FOIAFOIA and/or the EIR. The Department or Provider will Contractor shall indemnify the other Department for any and all costs (including legal fees) incurred by the other Department in: (a) 7.1.5.1 assessing the application of any exemption under FOIAthe FOIA and/or the EIR; and/or (b) 7.1.5.2 responding to any FOIA notice; and/or (c) 7.1.5.3 lodging any appeal against a decision of the Information Commissioner in relation to disclosure where such costs are incurred pursuant to efforts by the Department or Provider to withhold Exempt Information.; 23.1.6 Neither the 7.1.6 The Department nor the Provider will on any account shall in no event be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under the FOIA and/or the EIR of any Exempt Information or other information whether relating to this Agreement Contract or otherwise relating to the Department or ProviderContractor. 23.1.7 7.1.7 The Contractor shall assist the Department and Provider will assist each other as reasonably necessary to enable the Department and Provider to comply with its obligations under FOIAthe FOIA and/or the EIR.

Freedom of Information. 23.1.1 The Department 6.2.1 THE CONTRACTOR acknowledges and Provider acknowledge agrees that both the Department and Provider are THE SFA is subject to legal duties under FOIA, which may require them THE SFA to disclose on request information relating to this Agreement Contract or otherwise relating to themselvesTHE CONTRACTOR. 23.1.2 The Department 6.2.2 THE CONTRACTOR acknowledges and Provider acknowledge and agree agrees that both are THE SFA is required by Law law to consider each and every request made under FOIA for information. 23.1.3 The Department 6.2.3 THE CONTRACTOR acknowledges and Provider acknowledge and agree agrees that all decisions made by the other THE SFA pursuant to a request under FOIA are solely a matter for and are at the discretion of the Department or the Provider respectivelyTHE SFA. 23.1.4 6.2.4 Notwithstanding anything in this Agreement Contract to the contrary (including without limitation any obligations of confidentiality), the Department and Provider will THE SFA shall be entitled to disclose information in whatever form pursuant to a request made under FOIA, save that in relation to any information that is Exempt Information the Department and/or Provider will THE SFA shall use reasonable endeavours (but will shall not be obliged) to consult the other THE CONTRACTOR and will shall not: (a) confirm or deny that information is held by themTHE SFA; or (b) disclose information requested to the extent that in the Department or ProviderTHE SFA’s opinion the information is eligible in the circumstances for an exemption and therefore the Department or Provider THE SFA may lawfully refrain from doing either of the things described in parts (a) and (b) of this clauseClause. 23.1.5 6.2.5 In relation to information relating to the Department or Provider THE CONTRACTOR or the Agreement Contract which the Department or Provider THE CONTRACTOR requests should be exempt under the FOIA. The Department or Provider will THE CONTRACTOR shall indemnify the other THE SFA for any and all costs (including legal fees) incurred by the other THE SFA in: (a) assessing the application of any exemption under FOIA; and/orand/or WITHDRAWN (b) responding to any FOIA notice; and/or (c) lodging any appeal against a decision of the Information Commissioner in relation to disclosure where such costs are incurred pursuant to efforts by the Department or Provider THE SFA to withhold Exempt Information. 23.1.6 Neither the Department nor the Provider will on any account 6.2.6 THE SFA shall in no event be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under FOIA of any Exempt Information or other information whether relating to this Agreement Contract or otherwise relating to the Department or ProviderTHE CONTRACTOR. 23.1.7 The Department and Provider will 6.2.7 THE CONTRACTOR shall assist each other THE SFA as reasonably necessary to enable the Department and Provider THE SFA to comply with its obligations under FOIA.

Freedom of Information. 23.1.1 6.1.1. The Department Contractor acknowledges and Provider acknowledge agrees that both the Department and Provider are ESFA is subject to legal duties under FOIA, which may require them the ESFA to disclose on request information relating to this Agreement Contract or otherwise relating to themselvesthe Contractor. 23.1.2 6.1.2. The Department Contractor acknowledges and Provider acknowledge and agree agrees that both are the ESFA is required by Law law to consider each and every request made under FOIA for information. 23.1.3 6.1.3. The Department Contractor acknowledges and Provider acknowledge and agree agrees that all decisions made by the other ESFA pursuant to a request under FOIA are solely a matter for and are at the discretion of the Department or the Provider respectivelyESFA. 23.1.4 6.1.4. Notwithstanding anything in this Agreement Contract to the contrary (including without limitation any obligations of confidentiality), the Department and Provider will ESFA shall be entitled to disclose information in whatever form pursuant to a request made under FOIA, save that in relation to any information that is Exempt Information the Department and/or Provider will ESFA shall use reasonable endeavours (but will shall not be obliged) to consult the other Contractor and will shall not: (a) confirm or deny that information is held by themthe ESFA; or (b) disclose information requested to the extent that in the Department or ProviderESFA’s opinion the information is eligible in the circumstances for an exemption and therefore the Department or Provider ESFA may lawfully refrain from doing either of the things described in parts (a) and (b) of this clauseClause. 23.1.5 6.1.5. In relation to information relating to the Department or Provider Contractor or the Agreement Contract which the Department or Provider Contractor requests should be exempt under the FOIA. The Department or Provider will Contractor shall indemnify the other ESFA for any and all costs (including legal fees) incurred by the other ESFA in: (a) assessing the application of any exemption under FOIA; and/or (b) responding to any FOIA notice; and/or (c) lodging any appeal against a decision of the Information Commissioner in relation to disclosure where such costs are incurred pursuant to efforts by the Department or Provider ESFA to withhold Exempt Information. 23.1.6 Neither the Department nor the Provider will on any account 6.1.6. The ESFA shall in no event be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under FOIA of any Exempt Information or other information whether relating to this Agreement Contract or otherwise relating to the Department or ProviderContractor. 23.1.7 6.1.7. The Department and Provider will Contractor shall assist each other the ESFA as reasonably necessary to enable the Department and Provider ESFA to comply with its obligations under FOIA.

Freedom of Information. 23.1.1 The Department 16.2.1 the ESFA and Provider the College acknowledge and agree that both the Department and Provider are subject to legal duties under FOIA, which may require them the other to disclose on request information relating to this Agreement Financial Memorandum or otherwise relating to themselves.the ESFA or the College; 23.1.2 The Department 16.2.2 the ESFA and Provider the College acknowledge and agree that both are required by Law law to consider each and every request made under FOIA for information.; 23.1.3 The Department 16.2.3 the ESFA and Provider the College acknowledge and agree that all decisions made by the other pursuant to a request under FOIA are is solely a matter for and are at the discretion of the Department ESFA or the Provider respectively.College; 23.1.4 Notwithstanding 16.2.4 notwithstanding anything in this Agreement Financial Memorandum to the contrary (including without limitation any obligations of confidentiality), the Department ESFA and Provider will the College shall be entitled to disclose information in whatever form pursuant to a request made under FOIA, save that in relation to any information that is Exempt Information exempt information the Department and/or Provider will ESFA and the College shall use reasonable endeavours (but will shall not be obliged) to consult the other and will shall not: (a) confirm or deny that information is held by themheld; or (b) disclose information requested to the extent that in the Department ESFA or ProviderCollege’s opinion the information is eligible in the circumstances for an exemption and therefore the Department ESFA or Provider College may lawfully refrain from doing either of the things described in parts (a) and (b) of this clause.; 23.1.5 In 16.2.5 in relation to information relating to the Department ESFA or Provider College or the Agreement Financial Memorandum which the Department ESFA or Provider College requests should be exempt under the FOIA. The Department FOIA the ESFA or Provider will the College shall indemnify the other ESFA for any and all costs (including legal fees) incurred by the other in: (a) assessing the application of any exemption under FOIA; and/or (b) responding to any FOIA notice; and/or (c) lodging any appeal against a decision of the Information Commissioner information commissioner in relation to disclosure where such costs are incurred pursuant to efforts by the Department or Provider other to withhold Exempt Information.exempt information; 23.1.6 Neither 16.2.6 neither the Department nor ESFA or the Provider will on any account College shall be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under FOIA of any Exempt Information exempt information or other information whether relating to this Agreement Financial Memorandum or otherwise relating to the Department ESFA or Provider.the College; 23.1.7 The Department 16.2.7 the ESFA and Provider will the College shall assist each the other as reasonably necessary to enable the Department and Provider ESFA or the College to comply with its their obligations under FOIA.

Freedom of Information. 23.1.1 The Department 6.2.1 THE CONTRACTOR acknowledges and Provider acknowledge agrees that both the Department and Provider are THE SFA is subject to legal duties under FOIA, which may require them THE SFA to disclose on request information relating to this Agreement Contract or otherwise relating to themselvesTHE CONTRACTOR. 23.1.2 The Department 6.2.2 THE CONTRACTOR acknowledges and Provider acknowledge and agree agrees that both are THE SFA is required by Law law to consider each and every request made under FOIA for information. 23.1.3 The Department 6.2.3 THE CONTRACTOR acknowledges and Provider acknowledge and agree agrees that all decisions made by the other THE SFA pursuant to a request under FOIA are solely a matter for and are at the discretion of the Department or the Provider respectivelyTHE SFA. 23.1.4 6.2.4 Notwithstanding anything in this Agreement Contract to the contrary (including without limitation any obligations of confidentiality), the Department and Provider will THE SFA shall be entitled to disclose information in whatever form pursuant to a request made under FOIA, save that in relation to any information that is Exempt Information the Department and/or Provider will THE SFA shall use reasonable endeavours (but will shall not be obliged) to consult the other THE CONTRACTOR and will shall not: (a) confirm or deny that information is held by themTHE SFA; or (b) disclose information requested to the extent that in the Department or ProviderTHE SFA’s opinion the information is eligible in the circumstances for an exemption and therefore the Department or Provider THE SFA may lawfully refrain from doing either of the things described in parts (a) and (b) of this clauseClause. 23.1.5 6.2.5 In relation to information relating to the Department or Provider THE CONTRACTOR or the Agreement Contract which the Department or Provider THE CONTRACTOR requests should be exempt under the FOIA. The Department or Provider will THE CONTRACTOR shall indemnify the other THE SFA for any and all costs (including legal fees) incurred by the other THE SFA in: (a) assessing the application of any exemption under FOIA; and/or (b) responding to any FOIA notice; and/or (c) lodging any appeal against a decision of the Information Commissioner in relation to disclosure where such costs are incurred pursuant to efforts by the Department or Provider THE SFA to withhold Exempt Information. 23.1.6 Neither the Department nor the Provider will on any account 6.2.6 THE SFA shall in no event be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under FOIA of any Exempt Information or other information whether relating to this Agreement Contract or otherwise relating to the Department or ProviderTHE CONTRACTOR. 23.1.7 The Department and Provider will 6.2.7 THE CONTRACTOR shall assist each other THE SFA as reasonably necessary to enable the Department and Provider THE SFA to comply with its obligations under FOIA.

Freedom of Information. 23.1.1 26.1.1 The Department and Provider acknowledge that both the Department and Provider are subject to legal duties under FOIA, which may require them to disclose on request information relating to this Agreement or otherwise relating to themselves. 23.1.2 26.1.2 The Department and Provider acknowledge and agree that both are required by Law to consider each and every request made under FOIA for information. 23.1.3 26.1.3 The Department and Provider acknowledge and agree that all decisions made by the other pursuant to a request under FOIA are solely a matter for and are at the discretion of the Department or the Provider respectively. 23.1.4 26.1.4 Notwithstanding anything in this Agreement to the contrary (including without limitation any obligations of confidentiality), the Department and Provider will be entitled to disclose information in whatever form pursuant to a request made under FOIA, save that in relation to any information that is Exempt Information the Department and/or Provider will use reasonable endeavours (but will not be obliged) to consult the other and will not: (a) confirm or deny that information is held by them; or (b) disclose information requested to the extent that in the Department or Provider’s opinion the information is eligible in the circumstances for an exemption and therefore the Department or Provider may lawfully refrain from doing either of the things described in parts (a) and (b) of this clause. 23.1.5 26.1.5 In relation to information relating to the Department or Provider or the Agreement which the Department or Provider requests should be exempt under the FOIA. The Department or Provider will indemnify the other for any and all costs (including legal fees) incurred by the other in: (a) assessing the application of any exemption under FOIA; and/or (b) responding to any FOIA noticeNotice; and/or (c) lodging any appeal against a decision of the Information Commissioner in relation to disclosure where such costs are incurred pursuant to efforts by the Department or Provider to withhold Exempt Information. 23.1.6 26.1.6 Neither the Department nor the Provider will on any account be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under FOIA of any Exempt Information or other information whether relating to this Agreement or otherwise relating to the Department or Provider. 23.1.7 26.1.7 The Department and Provider will assist each other as reasonably necessary to enable the Department and Provider to comply with its obligations under FOIA.

Freedom of Information. 23.1.1 25.1.1 The Department and Provider College acknowledge that both the Department and Provider College are subject to legal duties under FOIA, which may require them to disclose on request information relating to this Agreement or otherwise relating to themselves. 23.1.2 25.1.2 The Department and Provider College acknowledge and agree that both are required by Law to consider each and every request made under FOIA for information. 23.1.3 25.1.3 The Department and Provider College acknowledge and agree that all decisions made by the other pursuant to a request under FOIA are solely a matter for and are at the discretion of the Department or the Provider College respectively. 23.1.4 25.1.4 Notwithstanding anything in this Agreement to the contrary (including without limitation any obligations of confidentiality), the Department and Provider College will be entitled to disclose information in whatever form pursuant to a request made under FOIA, save that in relation to any information that is Exempt Information the Department and/or Provider College will use reasonable endeavours (but will not be obliged) to consult the other and will not: (a) confirm or deny that information is held by them; or (b) disclose information requested to the extent that in the Department or ProviderCollege’s opinion the information is eligible in the circumstances for an exemption and therefore the Department or Provider College may lawfully refrain from doing either of the things described in parts (a) and (b) of this clause. 23.1.5 25.1.5 In relation to information relating to the Department or Provider College or the Agreement which the Department or Provider College requests should be exempt under the FOIA. The Department or Provider College will indemnify the other for any and all costs (including legal fees) incurred by the other in: (a) assessing the application of any exemption under FOIA; and/or (b) responding to any FOIA noticeNotice; and/or (c) lodging any appeal against a decision of the Information Commissioner in relation to disclosure where such costs are incurred pursuant to efforts by the Department or Provider College to withhold Exempt Information. 23.1.6 25.1.6 Neither the Department nor the Provider College will on any account be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under FOIA of any Exempt Information or other information whether relating to this Agreement or otherwise relating to the Department or ProviderCollege. 23.1.7 25.1.7 The Department and Provider College will assist each other as reasonably necessary to enable the Department and Provider College to comply with its obligations under FOIA.

Freedom of Information. 23.1.1 The Department and Provider acknowledge that both the Department and Provider are subject to legal duties under FOIA, which may require them to disclose on request information relating to this Agreement or otherwise relating to themselves. 23.1.2 The Department and Provider acknowledge and agree that both are required by Law to consider each and every request made under FOIA for information. 23.1.3 The Department and Provider acknowledge and agree that all decisions made by the other pursuant to a request under FOIA are solely a matter for and are at the discretion of the Department or the Provider respectively. 23.1.4 Notwithstanding anything in this Agreement to the contrary (including without limitation any obligations of confidentiality), the Department and Provider will be entitled to disclose information in whatever form pursuant to a request made under FOIA, save that in relation to any information that is Exempt Information the Department and/or Provider will use reasonable endeavours (but will not be obliged) to consult the other and will not: (a) confirm or deny that information is held by them; or (b) disclose information requested to the extent that in the Department or Provider’s opinion the Provider¶V RSLQLRQ W information is eligible in the circumstances for an exemption and therefore the Department or Provider may lawfully refrain from doing either of the things described in parts (a) and (b) of this clause. 23.1.5 In relation to information relating to the Department or Provider or the Agreement which the Department or Provider requests should be exempt under the FOIA. The Department or Provider will indemnify the other for any and all costs (including legal fees) incurred by the other in: (a) assessing the application of any exemption under FOIA; and/or (b) responding to any FOIA notice; and/or (c) lodging any appeal against a decision of the Information Commissioner in relation to disclosure where such costs are incurred pursuant to efforts by the Department or Provider to withhold Exempt Information. 23.1.6 Neither the Department nor the Provider will on any account be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under FOIA of any Exempt Information or other information whether relating to this Agreement or otherwise relating to the Department or Provider. 23.1.7 The Department and Provider will assist each other as reasonably necessary to enable the Department and Provider to comply with its obligations under FOIA.

Freedom of Information. 23.1.1 7.1.1 The Department Contractor acknowledges and Provider acknowledge agrees that both the Department and Provider are is subject to legal duties under FOIAthe FOIA and the EIR, which may require them the Department to disclose on request information relating to this Agreement Contract or otherwise relating to themselvesthe Contractor. 23.1.2 7.1.2 The Contractor acknowledges and agrees that the Department and Provider acknowledge and agree that both are is required by Law Xxx to consider each and every request made under the FOIA and/or the EIR for information. 23.1.3 7.1.3 The Department Contractor acknowledges and Provider acknowledge and agree agrees that all decisions made by the other Department pursuant to a request under the FOIA and/or the EIR are solely a matter for and are at the discretion of the Department or the Provider respectivelyDepartment. 23.1.4 7.1.4 Notwithstanding anything in this Agreement Contract to the contrary (including without limitation any obligations of confidentiality), the Department and Provider will shall be entitled to disclose information in whatever form pursuant to a request made under FOIAthe FOIA and/or the EIR, save that in relation to any information that is Exempt Information the Department and/or Provider will shall use reasonable endeavours (but will shall not be obliged) to consult the other Contractor and will shall not: (a) confirm or deny that information is held by them; orthe Department; (b) disclose information requested to the extent that in the Department or ProviderDepartment’s opinion the information is eligible in the circumstances for an exemption and therefore the Department or Provider may lawfully refrain from doing either of the things described in parts (a) and (b) of this clausedisclosing such information. 23.1.5 7.1.5 In relation to information relating to the Department or Provider Contractor or the Agreement Contract which the Department or Provider Contractor requests should be exempt under the FOIA. The Department or Provider will FOIA and/or the EIR, the Contractor shall indemnify the other Department for any and all costs (including legal fees) incurred by the other Department in: (a) assessing the application of any exemption under FOIAthe FOIA and/or the EIR; and/or (b) responding to any FOIA notice; and/or (c) lodging any appeal against a decision of the Information Commissioner in relation to disclosure where such costs are incurred pursuant to efforts by the Department or Provider to withhold Exempt Information.; 23.1.6 Neither the 7.1.6 The Department nor the Provider will on any account shall in no event be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under the FOIA and/or the EIR of any Exempt Information or other information whether relating to this Agreement Contract or otherwise relating to the Department or ProviderContractor. 23.1.7 7.1.7 The Contractor shall assist the Department and Provider will assist each other as reasonably necessary to enable the Department and Provider to comply with its obligations under FOIAthe FOIA and/or the EIR.

Freedom of Information. 23.1.1 26.1.1 The Department and Provider acknowledge Contractor acknowledges that both the Department and Provider are is subject to legal duties under FOIAthe FOIA and the EIR, which may require them the Department to disclose on request information relating to this Agreement Contract or otherwise relating to themselvesthe Contractor. 23.1.2 26.1.2 The Contractor acknowledges and agrees that the Department and Provider acknowledge and agree that both are is required by Law to consider each and every request made under the FOIA for informationand/or the EIR. 23.1.3 26.1.3 The Department Contractor acknowledges and Provider acknowledge and agree agrees that all decisions made by the other Department pursuant to a request under the FOIA and/or the EIR are solely a matter for and are at the discretion of the Department or the Provider respectivelyDepartment. 23.1.4 26.1.4 Notwithstanding anything in this Agreement Contract to the contrary (including without limitation any obligations of confidentiality), the Department and Provider will be entitled to disclose information in whatever form pursuant to a request made under FOIAthe FOIA and/or the EIR, save that in relation to any information that is Exempt Information the Department and/or Provider will use reasonable endeavours (but will not be obliged) to consult the other Contractor and will not: (a) confirm or deny that information is held by themthe Department; or (b) disclose information requested to the extent that in the Department or ProviderDepartment’s opinion the information is eligible in the circumstances for an exemption and therefore the Department or Provider may lawfully refrain from doing either of the things described in parts (a) and (b) of this clausedisclosing such information. 23.1.5 26.1.5 In relation to information relating to the Department or Provider Contractor or the Agreement Contract which the Department or Provider Contractor requests should be exempt under the FOIA. The Department or Provider FOIA and/or the EIR, the Contractor will indemnify the other Department for any and all costs (including legal fees) incurred by the other Department in: (a) assessing the application of any exemption under FOIAthe FOIA and/or the EIR; and/or (b) responding to any FOIA noticeNotice; and/or (c) lodging any appeal against a decision of the Information Commissioner in relation to disclosure where such costs are incurred pursuant to efforts by the Department or Provider to withhold Exempt Information. 23.1.6 Neither the 26.1.6 The Department nor the Provider will on any no account be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under the FOIA and/or the EIR of any Exempt Information or other information whether relating to this Agreement Contract or otherwise relating to the Department or ProviderContractor. 23.1.7 26.1.7 The Department and Provider Contractor will assist each other the Department as reasonably necessary to enable the Department and Provider to comply with its obligations under the FOIA and/or the EIR. 26.1.8 Where the Contractor is a public authority (as defined in FOIA) this Clause 26.1 will apply to both Parties.

Freedom of Information. 23.1.1 25.1.1 The Department and Provider acknowledge Contractor acknowledges that both the Department and Provider are is subject to legal duties under FOIAthe FOIA and the EIR, which may require them the Department to disclose on request information relating to this Agreement Contract or otherwise relating to themselvesthe Contractor. 23.1.2 25.1.2 The Contractor acknowledges and agrees that the Department and Provider acknowledge and agree that both are is required by Law to consider each and every request made under the FOIA and/or the EIR for information. 23.1.3 25.1.3 The Department Contractor acknowledges and Provider acknowledge and agree agrees that all decisions made by the other Department pursuant to a request under the FOIA and/or the EIR are solely a matter for and are at the discretion of the Department or the Provider respectivelyDepartment. 23.1.4 25.1.4 Notwithstanding anything in this Agreement Contract to the contrary (including without limitation any obligations of confidentiality), the Department and Provider will be entitled to disclose information in whatever form pursuant to a request made under FOIAthe FOIA and/or the EIR, save that in relation to any information that is Exempt Information the Department and/or Provider will use reasonable endeavours (but will not be obliged) to consult the other Contractor and will not: (a) confirm or deny that information is held by themthe Department; or (b) disclose information requested to the extent that in the Department or ProviderDepartment’s opinion the information is eligible in the circumstances for an exemption and therefore the Department or Provider may lawfully refrain from doing either of the things described in parts (a) and (b) of this clausedisclosing such information. 23.1.5 25.1.5 In relation to information relating to the Department or Provider Contractor or the Agreement Contract which the Department or Provider Contractor requests should be exempt under the FOIA. The Department or Provider FOIA and/or the EIR the Contractor will indemnify the other Department for any and all costs (including legal fees) incurred by the other Department in: (a) assessing the application of any exemption under FOIAthe FOIA and/or the EIR; and/or (b) responding to any FOIA noticeNotice; and/or (c) lodging any appeal against a decision of the Information Commissioner in relation to disclosure where such costs are incurred pursuant to efforts by the Department or Provider to withhold Exempt Information. 23.1.6 Neither the 25.1.6 The Department nor the Provider will on any no account be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under the FOIA and/or the EIR of any Exempt Information or other information whether relating to this Agreement Contract or otherwise relating to the Department or ProviderContractor. 23.1.7 The Department and Provider will assist each other as reasonably necessary to enable the Department and Provider to comply with its obligations under FOIA.

Freedom of Information. 23.1.1 24.1.1 The Department and Provider acknowledge Contractor acknowledges that both the Department and Provider are is subject to legal duties under FOIAthe FOIA and the EIR, which may require them the Department to disclose on request information relating to this Agreement Contract or otherwise relating to themselvesthe Contractor. 23.1.2 24.1.2 The Contractor acknowledges and agrees that the Department and Provider acknowledge and agree that both are is required by Law Xxx to consider each and every request made under the FOIA and/or the EIR for information. 23.1.3 24.1.3 The Department Contractor acknowledges and Provider acknowledge and agree agrees that all decisions made by the other Department pursuant to a request under the FOIA and/or the EIR are solely a matter for and are at the discretion of the Department or the Provider respectivelyDepartment. 23.1.4 24.1.4 Notwithstanding anything in this Agreement Contract to the contrary (including without limitation any obligations of confidentiality), the Department and Provider will be entitled to disclose information in whatever form pursuant to a request made under FOIAthe FOIA and/or the EIR, save that in relation to any information that is Exempt Information the Department and/or Provider will use reasonable endeavours (but will not be obliged) to consult the other Contractor and will not: (a) confirm or deny that information is held by themthe Department; or (b) disclose information requested to the extent that in the Department or ProviderDepartment’s opinion the information is eligible in the circumstances for an exemption and therefore the Department or Provider may lawfully refrain from doing either of the things described in parts (a) and (b) of this clausedisclosing such information. 23.1.5 24.1.5 In relation to information relating to the Department or Provider Contractor or the Agreement Contract which the Department or Provider Contractor requests should be exempt under the FOIA. The Department or Provider FOIA and/or the EIR, the Contractor will indemnify the other Department for any and all costs (including legal fees) incurred by the other Department in: (a) assessing the application of any exemption under FOIAthe FOIA and/or the EIR; and/or (b) responding to any FOIA noticeNotice; and/or (c) lodging any appeal against a decision of the Information Commissioner in relation to disclosure where such costs are incurred pursuant to efforts by the Department or Provider to withhold Exempt Information. 23.1.6 Neither the 24.1.6 The Department nor the Provider will on any no account be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under the FOIA and/or the EIR of any Exempt Information or other information whether relating to this Agreement Contract or otherwise relating to the Department or ProviderContractor. 23.1.7 24.1.7 The Department and Provider Contractor will assist each other the Department as reasonably necessary to enable the Department and Provider to comply with its obligations under FOIAthe FOIA and/or the EIR.

Freedom of Information. 23.1.1 6.1.1 The Department Contractor acknowledges and Provider acknowledge agrees that both the Department and Provider are ESFA is subject to legal duties under FOIA, which may require them the ESFA to disclose on request information relating to this Agreement Contract or otherwise relating to themselvesthe Contractor. 23.1.2 6.1.2 The Department Contractor acknowledges and Provider acknowledge and agree agrees that both are the ESFA is required by Law law to consider each and every request made under FOIA for information. 23.1.3 6.1.3 The Department Contractor acknowledges and Provider acknowledge and agree agrees that all decisions made by the other ESFA pursuant to a request under FOIA are solely a matter for and are at the discretion of the Department or the Provider respectivelyESFA. 23.1.4 6.1.4 Notwithstanding anything in this Agreement Contract to the contrary (including without limitation any obligations of confidentiality), the Department and Provider will ESFA shall be entitled to disclose information in whatever form pursuant to a request made under FOIA, save that in relation to any information that is Exempt Information the Department and/or Provider will ESFA shall use reasonable endeavours (but will shall not be obliged) to consult the other Contractor and will shall not: (a) confirm or deny that information is held by themthe ESFA; or (b) disclose information requested to the extent that in the Department or ProviderESFA’s opinion the information is eligible in the circumstances for an exemption and therefore the Department or Provider ESFA may lawfully refrain from doing either of the things described in parts (a) and (b) of this clauseClause 6.1.4. 23.1.5 6.1.5 In relation to information relating to the Department or Provider Contractor or the Agreement Contract which the Department or Provider Contractor requests should be exempt under the FOIA. The Department or Provider will FOIA the Contractor shall indemnify the other ESFA for any and all costs (including legal fees) incurred by the other ESFA in: (a) assessing the application of any exemption under FOIA; and/or (b) responding to any FOIA notice; and/or (c) lodging any appeal against a decision of the Information Commissioner in relation to disclosure where such costs are incurred pursuant to efforts by the Department or Provider ESFA to withhold Exempt Information. 23.1.6 Neither the Department nor the Provider will 6.1.6 The ESFA shall on any no account be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under FOIA of any Exempt Information or other information whether relating to this Agreement Contract or otherwise relating to the Department or ProviderContractor. 23.1.7 6.1.7 The Department and Provider will Contractor shall assist each other the ESFA as reasonably necessary to enable the Department and Provider ESFA to comply with its obligations under FOIA.

Freedom of Information. 23.1.1 7.1.1 The Department Contractor acknowledges and Provider acknowledge agrees that both the Department and Provider are is subject to legal duties under FOIAthe FOIA and the EIR, which may require them the Department to disclose on request information relating to this Agreement Contract or otherwise relating to themselvesthe Contractor. 23.1.2 7.1.2 The Contractor acknowledges and agrees that the Department and Provider acknowledge and agree that both are is required by Law Xxx to consider each and every request made under the FOIA and/or the EIR for information. 23.1.3 7.1.3 The Department Contractor acknowledges and Provider acknowledge and agree agrees that all decisions made by the other Department pursuant to a request under the FOIA and/or the EIR are solely a matter for and are at the discretion of the Department or the Provider respectivelyDepartment. 23.1.4 7.1.4 Notwithstanding anything in this Agreement Contract to the contrary (including without limitation any obligations of confidentiality), the Department and Provider will shall be entitled to disclose information in whatever form pursuant to a request made under FOIAthe FOIA and/or the EIR, save that in relation to any information that is Exempt Information the Department and/or Provider will shall use reasonable endeavours (but will shall not be obliged) to consult the other Contractor and will shall not: (a) 7.1.4.1 confirm or deny that information is held by them; orthe Department; (b) 7.1.4.2 disclose information requested to the extent that in the Department or Provider’s Department's opinion the information is eligible in the circumstances for an exemption and therefore the Department or Provider may lawfully refrain from doing either of the things described in parts (a) and (b) of this clausedisclosing such information. 23.1.5 7.1.5 In relation to information relating to the Department or Provider Contractor or the Agreement Contract which the Department or Provider Contractor requests should be exempt under the FOIA. The Department or Provider will FOIA and/or the EIR, the Contractor shall indemnify the other Department for any and all costs (including legal fees) incurred by the other Department in: (a) 7.1.5.1 assessing the application of any exemption under FOIAthe FOIA and/or the EIR; and/or (b) 7.1.5.2 responding to any FOIA notice; and/or (c) 7.1.5.3 lodging any appeal against a decision of the Information Commissioner in relation to disclosure where such costs are incurred pursuant to efforts by the Department or Provider to withhold Exempt Information.; 23.1.6 Neither the 7.1.6 The Department nor the Provider will on any account shall in no event be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under the FOIA and/or the EIR of any Exempt Information or other information whether relating to this Agreement Contract or otherwise relating to the Department or ProviderContractor. 23.1.7 7.1.7 The Contractor shall assist the Department and Provider will assist each other as reasonably necessary to enable the Department and Provider to comply with its obligations under FOIAthe FOIA and/or the EIR.

Freedom of Information. 23.1.1 The Department 16.2.1 the ESFA and Provider the College acknowledge and agree that both the Department and Provider are subject to legal duties under FOIA, which may require them the other to disclose on request information relating to this Funding Agreement or otherwise relating to themselves.the ESFA or the College; 23.1.2 The Department 16.2.2 the ESFA and Provider the College acknowledge and agree that both are required by Law law to consider each and every request made under FOIA for information.; 23.1.3 The Department 16.2.3 the ESFA and Provider the College acknowledge and agree that all decisions made by the other pursuant to a request under FOIA are is solely a matter for and are at the discretion of the Department ESFA or the Provider respectively.College; 23.1.4 Notwithstanding 16.2.4 notwithstanding anything in this Funding Agreement to the contrary (including without limitation any obligations of confidentiality), the Department ESFA and Provider will the College shall be entitled to disclose information in whatever form pursuant to a request made under FOIA, save that in relation to any information that is Exempt Information exempt information the Department and/or Provider will ESFA and the College shall use reasonable endeavours (but will shall not be obliged) to consult the other and will shall not: (a) confirm or deny that information is held by themheld; or (b) disclose information requested requested. to the extent that in the Department ESFA or ProviderCollege’s opinion the information is eligible in the circumstances for an exemption and therefore the Department ESFA or Provider College may lawfully refrain from doing either of the things described in parts (a) and (b) of this clause.; 23.1.5 In 16.2.5 in relation to information relating to the Department ESFA or Provider College or the Funding Agreement which the Department ESFA or Provider College requests should be exempt under the FOIA. The Department FOIA the ESFA or Provider will the College shall indemnify the other ESFA for any and all costs (including legal fees) incurred by the other in: (a) assessing the application of any exemption under FOIA; and/or (b) responding to any FOIA notice; and/or (c) lodging any appeal against a decision of the Information Commissioner information commissioner in relation to disclosure disclosure. where such costs are incurred pursuant to efforts by the Department or Provider other to withhold Exempt Information.exempt information; 23.1.6 Neither 16.2.6 neither the Department nor ESFA or the Provider will on any account College shall be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under FOIA of any Exempt Information exempt information or other information whether relating to this Funding Agreement or otherwise relating to the Department ESFA or Provider.the College; 23.1.7 The Department 16.2.7 the ESFA and Provider will the College shall assist each the other as reasonably necessary to enable the Department and Provider ESFA or the College to comply with its their obligations under FOIA.

Freedom of Information. 23.1.1 7.1.1. The Department Contractor acknowledges and Provider acknowledge agrees that both the Department and Provider are is subject to legal duties under FOIA, which may require them the Department to disclose on request information relating to this Agreement Contract or otherwise relating to themselvesthe Contractor. 23.1.2 7.1.2. The Contractor acknowledges and agrees that the Department and Provider acknowledge and agree that both are is required by Law law to consider each and every request made under FOIA for information. 23.1.3 7.1.3. The Department Contractor acknowledges and Provider acknowledge and agree agrees that all decisions made by the other Department pursuant to a request under FOIA are solely a matter for and are at the discretion of the Department or the Provider respectivelyDepartment. 23.1.4 7.1.4. Notwithstanding anything in this Agreement Contract to the contrary (including without limitation any obligations of confidentiality), the Department and Provider will shall be entitled to disclose information in whatever form pursuant to a request made under FOIA, save that in relation to any information that is Exempt Information the Department and/or Provider will shall use reasonable endeavours (but will shall not be obliged) to consult the other Contractor and will shall not: (a) confirm or deny that information is held by themthe Department; or (b) disclose information requested to the extent that in the Department or ProviderDepartment’s opinion the information is eligible in the circumstances for an exemption and therefore the Department or Provider may lawfully refrain from doing either of the things described in parts (a) and (b) of this clause. 23.1.5 7.1.5. In relation to information relating to the Department or Provider Contractor or the Agreement Contract which the Department or Provider Contractor requests should be exempt under the FOIA. The Department or Provider will Contractor shall indemnify the other Department for any and all costs (including legal fees) incurred by the other Department in: (a) assessing the application of any exemption under FOIA; and/or (b) responding to any FOIA notice; and/or (c) lodging any appeal against a decision of the Information Commissioner in relation to disclosure where such costs are incurred pursuant to efforts by the Department or Provider to withhold Exempt Information. 23.1.6 Neither the 7.1.6. The Department nor the Provider will on any account shall in no event be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under FOIA of any Exempt Information or other information whether relating to this Agreement Contract or otherwise relating to the Department or ProviderContractor. 23.1.7 7.1.7. The Contractor shall assist the Department and Provider will assist each other as reasonably necessary to enable the Department and Provider to comply with its obligations under FOIA.

Freedom of Information. 23.1.1 7.1.1. The Department Contractor acknowledges and Provider acknowledge agrees that both the Department and Provider are is subject to legal duties under FOIAthe FOIA and the EIR, which may require them the Department to disclose on request information relating to this Agreement Contract or otherwise relating to themselvesthe Contractor. 23.1.2 7.1.2. The Contractor acknowledges and agrees that the Department and Provider acknowledge and agree that both are is required by Law Xxx to consider each and every request made under the FOIA and/or the EIR for information. 23.1.3 7.1.3. The Department Contractor acknowledges and Provider acknowledge and agree agrees that all decisions made by the other Department pursuant to a request under the FOIA and/or the EIR are solely a matter for and are at the discretion of the Department or the Provider respectivelyDepartment. 23.1.4 7.1.4. Notwithstanding anything in this Agreement Contract to the contrary (including without limitation any obligations of confidentiality), the Department and Provider will shall be entitled to disclose information in whatever form pursuant to a request made under FOIAthe FOIA and/or the EIR, save that in relation to any information that is Exempt Information the Department and/or Provider will shall use reasonable endeavours (but will shall not be obliged) to consult the other Contractor and will shall not: (a) confirm or deny that information is held by them; orthe Department; (b) disclose information requested to the extent that in the Department or ProviderDepartment’s opinion the information is eligible in the circumstances for an exemption and therefore the Department or Provider may lawfully refrain from doing either of the things described in parts (a) and (b) of this clausedisclosing such information. 23.1.5 7.1.5. In relation to information relating to the Department or Provider Contractor or the Agreement Contract which the Department or Provider Contractor requests should be exempt under the FOIA. The Department or Provider will FOIA and/or the EIR, the Contractor shall indemnify the other Department for any and all costs (including legal fees) incurred by the other Department in: (a) assessing the application of any exemption under FOIAthe FOIA and/or the EIR; and/or (b) responding to any FOIA notice; and/or (c) lodging any appeal against a decision of the Information Commissioner in relation to disclosure where such costs are incurred pursuant to efforts by the Department or Provider to withhold Exempt Information.; 23.1.6 Neither the 7.1.6. The Department nor the Provider will on any account shall in no event be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under the FOIA and/or the EIR of any Exempt Information or other information whether relating to this Agreement Contract or otherwise relating to the Department or ProviderContractor. 23.1.7 7.1.7. The Contractor shall assist the Department and Provider will assist each other as reasonably necessary to enable the Department and Provider to comply with its obligations under FOIAthe FOIA and/or the EIR. 7.2.1. any person employed or engaged by it (in connection with this Contract in the course of such employment or engagement) shall treat all Confidential Information belonging to the Department as confidential, safeguard it accordingly and only use such Confidential Information for the purposes of this Contract; and 7.2.2. any person employed or engaged by it (in connection with this Contract in the course of such employment or engagement) shall not disclose any Confidential Information to any third party without prior written consent of the Department, except where disclosure is otherwise expressly permitted by the provisions of this Contract.

Freedom of Information. 23.1.1 25.1.1 The Department and Provider acknowledge Contractor acknowledges that both the Department and Provider are is subject to legal duties under FOIAthe FOIA and the EIR, which may require them the Department to disclose on request information relating to this Agreement Contract or otherwise relating to themselvesthe Contractor. 23.1.2 25.1.2 The Contractor acknowledges and agrees that the Department and Provider acknowledge and agree that both are is required by Law Xxx to consider each and every request made under the FOIA and/or the EIR for information. 23.1.3 25.1.3 The Department Contractor acknowledges and Provider acknowledge and agree agrees that all decisions made by the other Department pursuant to a request under the FOIA and/or the EIR are solely a matter for and are at the discretion of the Department or the Provider respectivelyDepartment. 23.1.4 25.1.4 Notwithstanding anything in this Agreement Contract to the contrary (including without limitation any obligations of confidentiality), the Department and Provider will be entitled to disclose information in whatever form pursuant to a request made under FOIAthe FOIA and/or the EIR, save that in relation to any information that is Exempt Information the Department and/or Provider will use reasonable endeavours (but will not be obliged) to consult the other Contractor and will not: (a) confirm or deny that information is held by themthe Department; or (b) disclose information requested to the extent that in the Department or ProviderDepartment’s opinion the information is eligible in the circumstances for an exemption and therefore the Department or Provider may lawfully refrain from doing either of the things described in parts (a) and (b) of this clausedisclosing such information. 23.1.5 25.1.5 In relation to information relating to the Department or Provider Contractor or the Agreement Contract which the Department or Provider Contractor requests should be exempt under the FOIA. The Department or Provider FOIA and/or the EIR, the Contractor will indemnify the other Department for any and all costs (including legal fees) incurred by the other Department in: (a) assessing the application of any exemption under FOIAthe FOIA and/or the EIR; and/or (b) responding to any FOIA noticeNotice; and/or (c) lodging any appeal against a decision of the Information Commissioner in relation to disclosure where such costs are incurred pursuant to efforts by the Department or Provider to withhold Exempt Information. 23.1.6 Neither the 25.1.6 The Department nor the Provider will on any no account be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under the FOIA and/or the EIR of any Exempt Information or other information whether relating to this Agreement Contract or otherwise relating to the Department or ProviderContractor. 23.1.7 25.1.7 The Department and Provider Contractor will assist each other the Department as reasonably necessary to enable the Department and Provider to comply with its obligations under the FOIA and/or the EIR. 25.1.8 Where the Contractor is a public authority (as defined in FOIA) this Clause 25.1 will apply to both Parties.

Freedom of Information. 23.1.1 26.1.1 The Department and the Provider acknowledge that both the Department and the Provider are subject to legal duties under FOIAthe FOIA and the EIR, which may require them to disclose on request information relating to this Agreement or otherwise relating to themselvesone or both of them. 23.1.2 26.1.2 The Department and the Provider acknowledge and agree that they are both are required by Law to consider each and every request made under the FOIA and/or the EIR for information. 23.1.3 26.1.3 The Department and the Provider acknowledge and agree that all decisions made by the other pursuant to a request under the FOIA and/or the EIR are solely a matter for and are at the discretion of the Department or the Provider respectively. 23.1.4 26.1.4 Notwithstanding anything in this Agreement to the contrary (including without limitation any obligations of confidentiality), the Department and the Provider will be entitled to disclose information in whatever form pursuant to a request made under FOIAthe FOIA and/or the EIR, save that in relation to any information that is Exempt Information the Department and/or the Provider will use reasonable endeavours (but will not be obliged) to consult the other and will not: (a) confirm or deny that information is held by themit; or (b) disclose information requested to the extent that in the Department or the Provider’s opinion (as relevant) the information is eligible in the circumstances for an exemption and therefore the Department or the Provider may lawfully refrain from doing either of the things described in parts (a) and (b) of this clausedisclosing such information. 23.1.5 26.1.5 In relation to information relating to the Department or the Provider or the Agreement which the Department or the Provider requests should be exempt under the FOIA. The FOIA and/or the EIR, the Department or the Provider (as applicable) will indemnify the other for any and all costs (including legal fees) incurred by the other in: (a) assessing the application of any exemption under FOIAthe FOIA and/or the EIR; and/or (b) responding to any FOIA noticeNotice; and/or (c) lodging any appeal against a decision of the Information Commissioner in relation to disclosure where such costs are incurred pursuant to efforts by the Department or the Provider to withhold Exempt Information. 23.1.6 26.1.6 Neither the Department nor the Provider will on any account be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under the FOIA and/or the EIR of any Exempt Information or other information whether relating to this Agreement or otherwise relating to the Department or the Provider. 23.1.7 26.1.7 The Department and the Provider will assist each other as reasonably necessary to enable the Department and the Provider to comply with its their obligations under FOIAthe FOIA and/or the EIR.

Freedom of Information. 23.1.1 26.1.1 The Department and the Provider acknowledge that both the Department and the Provider are subject to legal duties under FOIAthe FOIA and the EIR, which may require them to disclose on request information relating to this Agreement or otherwise relating to themselvesone or both of them. 23.1.2 26.1.2 The Department and the Provider acknowledge and agree that they are both are required by Law to consider each and every request made under the FOIA and/or the EIR for information. 23.1.3 26.1.3 The Department and the Provider acknowledge and agree that all decisions made by the other pursuant to a request under the FOIA and/or the EIR are solely a matter for and are at the discretion of the Department or the Provider respectively. 23.1.4 26.1.4 Notwithstanding anything in this Agreement to the contrary (including without limitation any obligations of confidentiality), the Department and the Provider will be entitled to disclose information in whatever form pursuant to a request made under FOIAthe FOIA and/or the EIR, save that in relation to any information that is Exempt Information the Department and/or the Provider will use reasonable endeavours (but will not be obliged) to consult the other and will not: (a) confirm or deny that information is held by themit; or (b) disclose information requested to the extent that in the Department or the Provider’s opinion (as relevant) the information is eligible in the circumstances for an exemption and therefore the Department or Provider may lawfully refrain from doing either of the things described in parts (a) and (b) of this clause.exemption 23.1.5 26.1.5 In relation to information relating to the Department or the Provider or the Agreement which the Department or the Provider requests should be exempt under the FOIA. The FOIA and/or the EIR, the Department or the Provider (as applicable) will indemnify the other for any and all costs (including legal fees) incurred by the other in: (a) assessing the application of any exemption under FOIAthe FOIA and/or the EIR; and/or (b) responding to any FOIA noticeNotice; and/or (c) lodging any appeal against a decision of the Information Commissioner in relation to disclosure where such costs are incurred pursuant to efforts by the Department or the Provider to withhold Exempt Information. 23.1.6 26.1.6 Neither the Department nor the Provider will on any account be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under the FOIA and/or the EIR of any Exempt Information or other information whether relating to this Agreement or otherwise relating to the Department or the Provider. 23.1.7 26.1.7 The Department and the Provider will assist each other as reasonably necessary to enable the Department and the Provider to comply with its their obligations under FOIAthe FOIA and/or the EIR.

Freedom of Information. 23.1.1 The Department Authority and Provider acknowledge that both the Department Authority and Provider are subject to legal duties under FOIA, which may require them to disclose on request information relating to this Agreement or otherwise relating to themselves. 23.1.2 The Department Authority and Provider acknowledge and agree that both are required by Law to consider each and every request made under FOIA for information. 23.1.3 The Department Authority and Provider acknowledge and agree that all decisions made by the other pursuant to a request under FOIA are solely a matter for and are at the discretion of the Department Authority or the Provider respectively. 23.1.4 Notwithstanding anything in this Agreement to the contrary (including without limitation any obligations of confidentiality), the Department Authority and Provider will be entitled to disclose information in whatever form pursuant to a request made under FOIA, save that in relation to any information that is Exempt Information the Department Authority and/or Provider will use reasonable endeavours (but will not be obliged) to consult the other and will not: (a) confirm or deny that information is held by them; or (b) disclose information requested to the extent that in the Department Authority or Provider’s opinion the information is eligible in the circumstances for an exemption and therefore the Department Authority or Provider may lawfully refrain from doing either of the things described in parts (a) and (b) of this clauseClause. 23.1.5 In relation to information relating to the Department Authority or Provider or the Agreement which the Department Authority or Provider requests should be exempt under the FOIA. The Department Authority or Provider will indemnify the other for any and all costs (including legal fees) incurred by the other in: (a) assessing the application of any exemption under FOIA; and/or (b) responding to any FOIA notice; and/or (c) lodging any appeal against a decision of the Information Commissioner in relation to disclosure where such costs are incurred pursuant to efforts by the Department Authority or Provider to withhold Exempt Information. 23.1.6 Neither the Department Authority nor the Provider will on any account be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under FOIA of any Exempt Information or other information whether relating to this Agreement or otherwise relating to the Department Authority or Provider. 23.1.7 The Department Authority and Provider will assist each other as reasonably necessary to enable the Department Authority and Provider to comply with its obligations under FOIA.