Common use of RIGHT TO KNOW LAW Clause in Contracts

RIGHT TO KNOW LAW. The Pennsylvania Right-to-Know Law, 65 P.S. § 67.101, et seq., applies to this Contract. In the event the County receives a right-to-know request related to this Contract and the requested document(s) is/are in the Provider’s possession, the County will notify the Provider that it requires the Provider’s assistance in providing the document(s) or otherwise responding to the request. Within fourteen (14) calendar days after notice from the County, the Provider shall provide the County access to, and copies of, any document or information in the Provider’s possession which properly respond to the request (“Requested Information”) and provide such other assistance as the County may request in order to comply with the RTKL. If the Provider fails to provide the Requested Information within fourteen (14) calendar days after receipt of such notice, the Provider shall indemnify and hold the County harmless for any damages, penalties, detriment or harm that the County may incur as a result of the Provider’s failure, including any statutory damages assessed against the County. The County’s determination as to whether the Requested Information is a public record is dispositive of the question as between the parties. Provider agrees not to challenge the County’s decision to deem the Requested Information a Public Record. If the Provider considers the Requested Information to include a request for a Trade Secret or Confidential Proprietary Information, as those terms are defined by the RTKL, the Provider will immediately notify the County, and will provide, within seven calendar days of receiving the notice, a written statement signed by a representative of the Provider explaining why the requested material is exempt from public disclosure under the RTKL. If, upon review of the Provider’s written statement, the County still decides to provide the Requested Information, Provider will not challenge or in any way hold the County liable for such a decision. The County will reimburse the Provider for any costs associated with complying with this provision only to the extent allowed under the County’s fee schedule and as authorized by law. Provider agrees to abide by any decision to release a record to the public made by the Office of Open Records, or by the Pennsylvania Courts. The Provider agrees to waive all rights or remedies that may be available to it as a result of the County’s disclosure of Requested Information pursuant to the RTKL. Provider’s duties relating to the RTKL are continuing duties that survive the expiration of this Contract and shall continue as long as the Provider has Requested Information in its possession.

RIGHT TO KNOW LAW. 46.1 The Pennsylvania Right-to-Know LawLaw (“RTKL”), 65 P.S. §§ 67.101, et seq.-3104, applies to this Contract. In Agreement. 46.2 Unless the event Vendor provides the County, in writing, with the name and contact information of another person, the County receives shall notify the provider using the Vendor information provided by the Vendor in this Agreement if the County needs the Vendor’s assistance in any matter arising out of the RTKL. The Vendor shall notify the County in writing of any change in the name or the contact information within a right-to-know reasonable time prior to the change. 46.3 Upon notification to the Vendor that the County has received a request for records under the RTKL related to this Contract and the requested document(s) is/are Agreement that may be in the ProviderVendor’s possession, constituting or alleged to constitute, a public record in accordance with the County will notify RTKL (“Requested Information”), the Provider that it requires the Provider’s assistance in providing the document(s) or otherwise responding to the request. Within fourteen (14) calendar days after notice from Vendor shall 46.3.1 Provide the County, within five (5) business days after receipt of the Provider shall provide the County County’s written notification, access to, and copies of, any document or information in the ProviderVendor’s possession which properly respond to arising out of this Agreement that the request (“County reasonably believes is Requested Information”) Information and provide may be a public record under the RTKL; and 46.3.2 Provide such other assistance as the County may request reasonably request, in order to comply with the RTKL. RTKL with respect to this Agreement. 46.4 If the Provider fails to provide the Requested Information within fourteen (14) calendar days after receipt of such notice, the Provider shall indemnify and hold the County harmless for any damages, penalties, detriment or harm that the County may incur as a result of the Provider’s failure, including any statutory damages assessed against the County. The County’s determination as to whether the Requested Information is a public record is dispositive of the question as between the parties. Provider agrees not to challenge the County’s decision to deem the Requested Information a Public Record. If the Provider Vendor considers the Requested Information to include a request for a Trade Secret or Confidential Proprietary Information, as those terms are defined by the RTKL, or information that the Provider will immediately Vendor considers exempt from production under the RTKL, the Vendor must notify the County, County and will provide, provide within seven calendar five (5) business days of receiving the noticeCounty’s written notification, a written statement signed by a representative of the Provider Vendor explaining why the requested material is exempt from public disclosure under the RTKL. If, . 46.5 The County will rely upon review of the Provider’s written statement, statement from the Vendor in denying a RTKL request for the Requested Information unless the County still decides determines that the Requested Information is clearly not protected from disclosure under the RTKL. 46.6 If the Vendor fails to provide the Requested InformationInformation within the time period required by these provisions, Provider will not challenge or in any way the Vendor shall indemnify and hold the County liable harmless for such any damages, penalties, costs, detriment or harm that the County may incur as a decision. result of the Vendor’s failure, including any statutory damages assessed against the County. 46.7 The County will reimburse the Provider Vendor for any costs associated with complying with this provision these provisions only to the extent allowed under the County’s fee schedule and established by the Office of Open Records or as authorized otherwise provided by law. Provider agrees the RTKL if the fee schedule is inapplicable. 46.8 The Vendor may file a legal challenge to abide a decision by any decision the County to release a record to the public made by with the Office of Open Records, or by in the Pennsylvania Courts, however, the Vendor shall indemnify the County for any legal expenses incurred by the County as a result of such a challenge and shall hold the County harmless for any damages, penalties, costs, detriment or harm that the County may incur as a result of the Vendor’s failure, including any statutory damages assessed against the County, regardless of the outcome of such legal challenge. The Provider As between the parties, the Vendor agrees to waive all rights or remedies that may be available to it as a result of the County’s disclosure of Requested Information pursuant to the RTKL. Provider. 46.9 The Vendor’s duties relating to the RTKL are continuing duties that survive the expiration of this Contract the Agreement and shall continue as long as the Provider Vendor has Requested Information in its possession.

RIGHT TO KNOW LAW. The 9.1 Recipient understands and acknowledges that the Application, this Agreement and other records of the Project, even if created by and/or in the possession of the Recipient may subject to the Pennsylvania Right-to-Right to Know Law. 9.2 If the County needs the Recipient’s assistance in any manner arising out of a Right to Know Law request made to the County for records concerning the Coronavirus Relief Fund money (hereinafter "RTKL Request"), 65 P.S. § 67.101, et seq., applies to this Contractthe County shall notify the Recipient in writing. In the event an individual makes a RTKL Request directed to the Recipient, the Recipient shall provide a copy of the same to the County receives a right-to-know request related within 24 hours of receipt; the County shall be responsible for compliance with the Right to this Contract Know Law, and the requested document(s) is/are in Recipient’s duties shall be to provide assistance and access to public records as defined by the Provider’s possession, Right to Know Law as provided for herein. 9.3 Upon written notification from the County will notify the Provider that it requires the Provider’s Recipient's assistance in providing the document(s) or otherwise responding to a RTKL Request for records that may be in the request. Within fourteen Recipient's possession, the Recipient shall: .1 Provide the County, within twenty (1420) calendar days after notice receipt of written notification from the County, the Provider shall provide the County access to, to and copies of, of any document or information public records in Recipient's possession arising out of the Provider’s possession which properly respond to the request (“Requested Information”) and provide Project; and .2 Provide such other reasonable assistance as the County may reasonably request in order to comply with a RTKL Request with respect to the RTKL. Project. .3 If the Provider fails Recipient believes any requested information may be exempt from the Right to provide the Requested Information within fourteen (14) calendar days after receipt of Know Law, Recipient shall identify to County any such noticeinformation, the Provider shall indemnify and hold the County harmless for any damages, penalties, detriment or harm will consider raising such exemption as it believes is legally appropriate. 9.4 If the requester appeals the County's denial of the request and the County's denial is based upon the Recipient's written statement that the County may incur as a result of the Provider’s failure, including any statutory damages assessed against the County. The County’s determination as to whether the Requested Information is a public record is dispositive of the question as between the parties. Provider agrees requested records do not to challenge the County’s decision to deem the Requested Information a Public Record. If the Provider considers the Requested Information to include a request for a Trade Secret or Confidential Proprietary Information, as those terms are defined by the RTKL, the Provider will immediately notify the County, and will provide, within seven calendar days of receiving the notice, a written statement signed by a representative of the Provider explaining why the requested material is exempt from public disclosure under the RTKL. If, upon review of the Provider’s written statementexist, the County still decides to provide will timely notify the Requested Information, Provider will not challenge or in Recipient of such appeal. The Recipient shall join any way hold appeal at the County liable for Office of Open Records at the Recipient’s expense and defend such a decision. denial. 9.5 The County will reimburse the Provider Recipient for any reproduction costs associated with complying with this provision only to the extent allowed these provisions under the County’s fee schedule and as authorized by law. Provider agrees to abide by any decision to release a record to the public made established by the Office of Open Records, Records or as otherwise provided by the Pennsylvania Courts. Right to Know Law if the fee schedule is inapplicable. 9.6 The Provider agrees to waive all rights or remedies that may be available to it as a result of the County’s disclosure of Requested Information Recipient's duties pursuant to the RTKL. Provider’s duties relating to the RTKL this section are continuing duties that survive the expiration of this Contract Agreement and shall continue as long as the Provider Recipient has Requested Information Project information subject to the Right to Know Law in its possession.

RIGHT TO KNOW LAW. a. The Pennsylvania Right-to-Know Law, 65 P.S. §§ 67.101-3104, et seq., (“RTKL”) applies to this Contract. In All proposals submitted in response to this solicitation shall become the event property of the County. b. If the County receives needs the Contractor’s assistance in any matter arising out of the RTKL related to this Contract, it shall notify the Contractor using the legal contact information provided in this Contract. The Contractor, at any time, may designate a right-to-know different contact for such purpose upon reasonable prior written notice to the County. c. Upon written notification from the County that it requires the Contractor’s assistance in responding to a request under the RTKL for information related to this Contract and the requested document(s) is/are that may be in the ProviderContractor’s possession, constituting, or alleged to constitute, a public record in accordance with the County will notify RTKL (“Requested Information”), the Provider that it requires Contractor shall: 1. Provide the Provider’s assistance in providing the document(s) or otherwise responding to the request. Within fourteen County, within ten (1410) calendar days after notice from the Countyreceipt of written notification, the Provider shall provide the County access to, and copies of, any document or information in the ProviderContractor’s possession which properly respond to arising out of this Contract that the request (“County reasonably believes is Requested Information”) Information and provide may be a public record under the RTKL; and 2. Provide such other assistance as the County may request reasonably request, in order to comply with the RTKL. RTKL with respect to this Contract. d. If the Provider fails to provide the Requested Information within fourteen (14) calendar days after receipt of such notice, the Provider shall indemnify and hold the County harmless for any damages, penalties, detriment or harm that the County may incur as a result of the Provider’s failure, including any statutory damages assessed against the County. The County’s determination as to whether the Requested Information is a public record is dispositive of the question as between the parties. Provider agrees not to challenge the County’s decision to deem the Requested Information a Public Record. If the Provider Contractor considers the Requested Information to include a request for a Trade Secret or Confidential Proprietary Information, as those terms are defined by the RTKL, or other information that the Provider will immediately Contractor considers exempt from production under the RTKL, the Contractor must notify the County, County and will provide, within seven (7) calendar days of receiving the noticewritten notification, a written statement signed by a representative of the Provider Contractor explaining why the requested material is exempt from public disclosure under the RTKL. e. The County will rely upon the written statement from the Contractor in denying a RTKL request for the Requested Information unless the County determines that the Requested Information is clearly not protected from disclosure under the RTKL. IfShould the Commonwealth determine that the Requested Information is clearly not exempt from disclosure, upon review the Contractor shall provide the Requested Information within five (5) business days of receipt of written notification of the ProviderCounty’s written statement, determination. f. If the County still decides Contractor fails to provide the Requested InformationInformation within the time period required by these provisions, Provider will not challenge or in any way the Contractor shall indemnify and hold the County liable harmless for such any damages, penalties, costs, detriment or harm that the County may incur as a decision. result of the Contractor’s failure, including any statutory damages assessed against the County. g. The County will reimburse the Provider Contractor for any costs associated with complying with this provision these provisions only to the extent allowed under the County’s fee schedule and established by the Office of Open Records or as authorized otherwise provided by law. Provider agrees the RTKL if the fee schedule is inapplicable. h. The Contractor may file a legal challenge to abide by any County decision to release a record to the public made by with the Office of Open Records, or by in the Pennsylvania Courts, however, the Contractor shall indemnify the County for any legal expenses incurred by the County as a result of such a challenge and shall hold the County harmless for any damages, penalties, costs, detriment or harm that the County may incur as a result of the Contractor’s failure, including any statutory damages assessed against the County, regardless of the outcome of such legal challenge. The Provider As between the parties, the Contractor agrees to waive all rights or remedies that may be available to it as a result of the County’s disclosure of Requested Information pursuant to the RTKL. Provider. i. The Contractor’s duties relating to the RTKL are continuing duties that survive the expiration of this Contract and shall continue as long as the Provider Contractor has Requested Information in its possession.