Common use of GOVERNMENT PROPERTY Clause in Contracts

GOVERNMENT PROPERTY. 7.1 The Contractor shall not handle or examine any Government Property bearing a security classification of “Confidential”, “Secret” or “Top Secret” other than at the Authority’s Premises or another Government establishment and the Contractor shall not remove any such Government Property from the Authority’s Premises or a Government establishment without the prior written consent of the Authority. 7.2 Government Property shall only be used by the Contractor in provision of the Services except with the prior agreement in writing of the Authority. 7.3 All Government Property shall be deemed to be in good condition when received by or on behalf of the Contractor unless it notifies the Authority in writing to the contrary within 10 Working Days of it receiving such Government Property. 7.4 The Contractor undertakes to return all Government Property to the Authority on completion of the Contract or upon receipt of any earlier request made by the Authority in writing. 7.5 The Contractor shall repair or replace or, at the option of the Authority, pay compensation for all loss, destruction or damage occurring to any Government Property caused by the Contractor, or by the Contractor’s employees, consultants, agents or sub-contractors. 7.6 Where the Government Property comprises data issued in electronic form to the Contractor (including “personal data” as defined in the Data Protection Act 1998) the Contractor: 7.6.1 shall not process, store, copy, disclose or use such electronic data except as necessary for the performance of its obligations under the Contract or as otherwise expressly authorised in writing by the Authority; 7.6.2 shall perform secure back ups of all such electronic data in its possession and shall ensure that an up to date back up copy is securely stored at a site other than that where any original copies of such electronic data are being stored; 7.6.3 shall, and shall procure that its employees, consultants, agents or sub-contractors observe best practice when handling or in possession of any such electronic data. By way of example if the Contractor removes any such data or information from the Authority’s Premises or another Government establishment, or is sent such data or information by the Authority it shall ensure that the data and any equipment or media on which it is stored or is otherwise being processed is kept secure at all times. The Contractor shall impress on any of its employees, consultants, agents or sub-contractors who are required to handle or have possession of such electronic data that they must safeguard it all times, and are not to place it in jeopardy, for example by leaving it unattended in a vehicle or on public transport or by transmitting or posting it by insecure means. 7.7 If at any time the Contractor suspects or has reason to believe that Government Property comprising electronic data has or may become corrupted, lost, destroyed, altered (other than to the extent that the Contractor alters it by lawful processing in accordance with its obligations under the Contract) or degraded so as to be unusable then the Contractor shall notify the Authority immediately and inform the Authority of the remedial action the Contractor proposes to take. 7.8 The Contractor indemnifies the Authority against any loss or expense incurred by the Authority arising from the loss, destruction, alteration (other than by lawful processing permitted by the Contract) or degradation of Government Property (including any Government Property comprising electronic data) where this is caused by any act or omission (including negligence) on the part of the Contractor or its employees, consultants, agents or sub-contractors.

GOVERNMENT PROPERTY. 7.1 The Contractor shall not handle or examine any Government Property bearing a security classification of “Confidential”, “Secret” or “Top Secret” other than at the Authority’s Premises or another Government establishment and the Contractor shall not remove any such Government Property from the Authority’s Premises or a Government establishment without the prior written consent of the Authority. 7.2 Government Property shall only be used by the Contractor in provision of the Services except with the prior agreement in writing of the Authority. 7.3 All Government Property shall be deemed to be in good condition when received by or on behalf of the Contractor unless it notifies the Authority in writing to the contrary within 10 Working Days of it receiving such Government Property. 7.4 The Contractor undertakes to return all Government Property to the Authority on completion of the Contract or upon receipt of any earlier request made by the Authority in writing. 7.5 The Contractor shall repair or replace or, at the option of the Authority, pay compensation for all loss, destruction or damage occurring to any Government Property caused by the Contractor, or by the Contractor’s employees, consultants, agents or sub-contractors. 7.6 Where the Government Property comprises data issued in electronic form to the Contractor (including “personal data” as defined in the Data Protection Act 1998) the Contractor: 7.6.1 shall not process, store, copy, disclose or use such electronic data except as necessary for the performance of its obligations under the Contract or as otherwise expressly authorised in writing by the Authority; 7.6.2 shall perform secure back ups of all such electronic data in its possession and shall ensure that an up to date back up copy is securely stored at a site other than that where any original copies of such electronic data are being stored; 7.6.3 shall, and shall procure that its employees, consultants, agents or sub-sub- contractors observe best practice when handling or in possession of any such electronic data. By way of example if the Contractor removes any such data or information from the Authority’s Premises or another Government establishment, or is sent such data or information by the Authority it shall ensure that the data and any equipment or media on which it is stored or is otherwise being processed is kept secure at all times. The Contractor shall impress on any of its employees, consultants, agents or sub-contractors who are required to handle or have possession of such electronic data that they must safeguard it all times, and are not to place it in jeopardy, for example by leaving it unattended in a vehicle or on public transport or by transmitting or posting it by insecure means. 7.7 If at any time the Contractor suspects or has reason to believe that Government Property comprising electronic data has or may become corrupted, lost, destroyed, altered (other than to the extent that the Contractor alters it by lawful processing in accordance with its obligations under the Contract) or degraded so as to be unusable then the Contractor shall notify the Authority immediately and inform the Authority of the remedial action the Contractor proposes to take. 7.8 The Contractor indemnifies the Authority against any loss or expense incurred by the Authority arising from the loss, destruction, alteration (other than by lawful processing permitted by the Contract) or degradation of Government Property (including any Government Property comprising electronic data) where this is caused by any act or omission (including negligence) on the part of the Contractor or its employees, consultants, agents or sub-contractors.