Common use of Government Information Clause in Contracts

Government Information. (a) The Supplier acknowledges that the Customer is subject to the GIPA Act and agrees that the Customer may disclose any part or all of this Agreement on its nominated website established for GIPA Act disclosures. The Supplier irrevocably consents to the Customer acting in accordance with this clause 39. (b) To the extent that section 121 of the GIPA Act applies, the Supplier must, upon receipt of a written request by the Customer, provide the Customer with immediate access to the following information contained in records held by the Supplier: (i) information that relates directly to the performance of the Supplier's Activities; (ii) information collected by the Supplier from members of the public to whom it provides, or offers to provide, any aspect of the Supplier's Activities; and (iii) information received by the Supplier from the Customer to enable it to carry out the Supplier's Activities. (c) For the purposes of clause 39.1(b), information does not include information that: (i) discloses or would tend to disclose the Supplier's financing arrangements, financial modelling, cost structure or profit margin; (ii) the Supplier is prohibited from disclosing to the Customer by provision made by or under any Act, whether of any State or Territory, or of the Commonwealth; or (iii) if disclosed to the Customer, could reasonably be expected to place the Supplier at a substantial commercial disadvantage in relation to the Customer whether at present or in the future. (d) The Supplier must provide copies of any of the information referred to in clause 39.1(b), as requested by the Customer, at the Supplier's own expense and in such medium as the Customer may reasonably require. (e) Without limiting any other provision of this clause 39.1, the Supplier: (i) authorises the Customer to make information concerning the Supplier available to other Government Agencies or Eligible Customers (including to the relevant head of any Government Agency or Eligible Customer and any responsible Minister of a Government Agency) for any purpose in connection with facilitating the Customer's exercise of its rights under this Agreement or the carrying out, or exercise, of the functions or powers of the Customer, any Government Agency, Eligible Customer or the Crown. Such information may include any information provided by the Supplier to the Customer and any information relating to the Supplier's performance under this Agreement (including any reports provided under clause 15.4); (ii) acknowledges that information about the Supplier from any source, including substantiated reports of unsatisfactory performance, or any conduct including, any civil and/or criminal or alleged criminal conduct, by any officers or associates of the Supplier or a Related Body Corporate may be taken into account by Government Agencies and Eligible Customers considering whether to offer the Supplier future opportunities for working with those entities, for assessing the terms of their own contracts (or proposed contracts) with the Supplier or any other third party, for governance or reporting purposes or for any other reasonable business or government purposes; (iii) agrees that the communication of such information to any Government Agency is a communication falling within section 30 of the Defamation Act 2005 (NSW); and (iv) releases and indemnifies the Customer and the State of New South Wales from and against any Claim in respect of any matter arising out of such communications, including the use of such information by the recipient.

Government Information. (a) The Supplier acknowledges that the Customer is subject to the GIPA Act and agrees that the Customer may disclose any part or all of this Agreement on its nominated website established for GIPA Act disclosures. The Supplier irrevocably consents to the Customer acting in accordance with this clause 3933. (b) To the extent that section 121 of the GIPA Act applies, the Supplier must, upon receipt of a written request by the Customer, provide the Customer with immediate access to the following information contained in records held by the Supplier: (i) information that relates directly to the performance supply of the Supplier's ActivitiesSupplies; (ii) information collected by the Supplier from members of the public to whom it providessupplies, or offers to providesupply, any aspect of the Supplier's ActivitiesSupplies; and (iii) information received by the Supplier from the Customer to enable it to carry out supply the Supplier's ActivitiesSupplies. (c) For the purposes of clause 39.1(b33.1(b), information does not include information that: (i) discloses or would tend to disclose the Supplier's financing arrangements, financial modelling, cost structure or profit margin; (ii) the Supplier is prohibited from disclosing to the Customer by provision made by or under any Act, whether of any State or Territory, or of the Commonwealth; or (iii) if disclosed to the Customer, could reasonably be expected to place the Supplier at a substantial commercial disadvantage in relation to the Customer whether at present or in the future. (d) The Subject to clause 33.1(c), the Supplier must provide copies of any of the information referred to in clause 39.1(b33.1(b), as requested by the Customer, at the Supplier's own expense and in such medium as the Customer may reasonably require. (e) Without limiting any other provision of this clause 39.133.1, the Supplier: (i) authorises the Customer to make information concerning the Supplier available to other Government Agencies or Eligible Customers (including to the relevant head of any Government Agency or Eligible Customer NSW Health | Deed | Standing Offer Arrangement (SOA) | Goods and Services OFFICIAL and any responsible Minister of a Government Agency) for any purpose in connection with facilitating the Customer's exercise of its rights under this Agreement or the carrying out, or exercise, of the functions or powers of the Customer, any Government Agency, Eligible Customer or the Crown. Such information may include any information provided by the Supplier to the Customer and any information relating to the Supplier's performance under this Agreement (including any reports provided under clause 15.414.3); (ii) acknowledges that information about the Supplier from any source, including substantiated reports of unsatisfactory performance, or any conduct including, including any civil and/or criminal or alleged criminal conduct, by any officers or associates of the Supplier or a Related Body Corporate Corporate, may be taken into account by Government Agencies and Eligible Customers when considering whether to offer the Supplier future opportunities for working with those entities, for assessing the terms of their own contracts (or proposed contracts) with the Supplier or any other third party, for governance or reporting purposes or for any other reasonable business or government purposes; (iii) agrees that the communication of such information to any Government Agency is a communication falling within section 30 of the Defamation Act 2005 (NSW); and (iv) releases and indemnifies the Customer and the State of New South Wales from and against any Claim in respect of any matter arising out of such communications, including the use of such information by the recipient.

Government Information. (a) The Supplier acknowledges that the Customer is subject to the GIPA Act and agrees that the Customer may disclose any part or all of this Agreement on its nominated website established for GIPA Act disclosures. The Supplier irrevocably consents to the Customer acting in accordance with this clause 3935. (b) To the extent that section 121 of the GIPA Act applies, the Supplier must, upon receipt of a written request by the Customer, provide the Customer with immediate access to the following information contained in records held by the Supplier: (i) information that relates directly to the performance of the Supplier's Activities; (ii) information collected by the Supplier from members of the public to whom it provides, or offers to provide, any aspect of the Supplier's Activities; and (iii) information received by the Supplier from the Customer to enable it to carry out the Supplier's Activities. (c) For the purposes of clause 39.1(b35.2(b), information does not include information that: (i) discloses or would tend to disclose the Supplier's financing arrangements, financial modelling, cost structure or profit margin; (ii) the Supplier is prohibited from disclosing to the Customer by provision made by or under any Act, whether of any State or Territory, or of the Commonwealth; or (iii) if disclosed to the Customer, could reasonably be expected to place the Supplier at a substantial commercial disadvantage in relation to the Customer whether at present or in the future. (d) The Supplier must provide copies of any of the information referred to in clause 39.1(b35.2(b), as requested by the Customer, at the Supplier's own expense and in such medium as the Customer may reasonably require. (e) Without limiting any other provision of this clause 39.135.2, the Supplier: (i) authorises the Customer to make information concerning the Supplier available to other Government Agencies or Eligible Customers (including to the relevant head of any Government Agency or Eligible Customer and any responsible Minister of a Government Agency) for any purpose in connection with facilitating the Customer's exercise of its rights under this Agreement or the carrying out, or exercise, of the functions or powers of the Customer, any Government Agency, Eligible Customer or the Crown. Such information may include any information provided by the Supplier to the Customer and any information relating to the Supplier's performance under this Agreement (including any reports provided under clause 15.4); (ii) acknowledges that information about the Supplier from any source, including substantiated reports of unsatisfactory performance, or any conduct including, any civil and/or criminal or alleged criminal conduct, by any officers or associates of the Supplier or a Related Body Corporate may be taken into account by Government Agencies and Eligible Customers considering whether to offer the Supplier future opportunities for working with those entities, for assessing the terms of their own contracts (or proposed contracts) with the Supplier or any other third party, for governance or reporting purposes or for any other reasonable business or government purposes; (iii) agrees that the communication of such information to any Government Agency is a communication falling within section 30 of the Defamation Act 2005 (NSW); and (iv) releases and indemnifies the Customer and the State of New South Wales from and against any Claim in respect of any matter arising out of such communications, including the use of such information by the recipient.