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.