Right to Know. The Pennsylvania Right-to-know Law, 65 P.S. §§ 67.101-3104, ("RTKL") applies to this Lease. For the purpose of these provisions, the term “the Lessor” shall refer to the contracting Commonwealth agency. If Lessor needs Xxxxxx's assistance in any mater arising out of the RTKL related to this Lease, it shall notify Lessee using the legal contact information provided in this Lease. Lessee, at any time, may designate a different contact for such purpose upon reasonable prior written notice to Xxxxxx. Upon written notification from Lessor that it requires Xxxxxx's assistance in responding to a request under the RTKL for information related to this Lease that may be in the Lessee's possession, constituting, or alleged to constitute, a public record in accordance with the RTKL ("Requested Information"), the Lessee shall: Provide Lessor, within ten (10) calendar days after receipt of written notification, access to, and copies of, any document or information in Xxxxxx's possession arising out of this Lease that Lessor reasonably believes is Requested Information and may be a public record under the RTKL ("Requested Information"); and Provide such other assistance as Lessor may reasonably request, in order to comply with the RTKL with respect to this Lease. If Xxxxxx 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 Lessee considers exempt from production under the RTKL, Lessee must notify Lessor and provide, within seven (7) calendar days of receiving the written notification, a written statement signed by a representative of Lessee explaining why the requested material is exempt from public disclosure under the RTKL. Lessor will rely upon the written statement from Xxxxxx in denying a RTKL request for the Requested Information unless Lessor determines that the Requested Information is clearly not protected from disclosure under the RTKL. Should Lessor determine that the Requested Information is clearly not exempt from disclosure, Lessee shall provide the Requested Information within five (5) business days of receipt of written notification of Lessor's determination. If Lessee fails to provide the Requested Information within the time period required by these provisions, Lessee shall indemnify and hold Lessor harmless for any damages, penalties, costs, detriment or ham that Lessor may incur as a result of Xxxxxx's failure, including any statutory damages assessed against Lessor. Lessor will reimburse Lessee for any costs associated with complying with these provisions only to the extent allowed under the fee schedule established by the Office of Open Records or as otherwise provided by the RTKL if the fee schedule is inapplicable. Lessee may file a legal challenge to any Commonwealth decision to release a record to the public with the Office of Open Records, or in the Pennsylvania Courts, however, Lessee shall indemnify Lessor for any legal expenses incurred by Xxxxxx as a result of such a challenge and shall hold Lessor harmless for any damages, penalties, costs, detriment or ham that Lessor may incur as a result of Lessee's failure, including any statutory damages assessed against Lessor, regardless of the outcome of such legal challenge. As between the parties, Xxxxxx agrees to waive all rights or remedies that may be available to it as a result of Xxxxxx's disclosure of Requested Information pursuant to the RTKL. Xxxxxx's duties relating to the RTKL are continuing duties that survive the expiration of this Agreement and shall continue as long as Lessee has Requested Information in its possession.
Appears in 1 contract
Samples: Lease Agreement
Right to Know. The A. APPLICABILITY This article applies to all purchase orders and contracts.
B. Subgrantee or Contractor understands that this Agreement and records related to or arising out of the Agreement are subject to requests made pursuant to the Pennsylvania Right-to-know Know Law, 65 P.S. §§ 67.101-§67.101- 3104, ("“RTKL") applies to this Lease. For the purpose of these provisions, the term “the Lessor” shall refer to the contracting Commonwealth agency”). If Lessor LANTA needs Xxxxxx's the Subgrantee’s or Contractor’s assistance in any mater matter arising out of the RTKL related to this LeaseAgreement, it shall notify Lessee the Subgrantee or Contractor using the legal contact information provided in this Leasethe Agreement. LesseeThe Subgrantee or Contractor, at any time, may designate a different contact for such purpose upon reasonable prior written notice to XxxxxxLANTA. Upon written notification from Lessor LANTA that it requires Xxxxxx's Subgrantee’s or Contractor’s assistance in responding to a request under the RTKL for information related to this Lease Agreement that may be in the Lessee's Subgrantee’s or Contractor’s possession, constituting, or alleged to constitute, a public record in accordance with the RTKL ("“Requested Information"”), the Lessee Subgrantee or Contractor shall: :
1. Provide LessorLANTA, within ten (10) calendar days after receipt of written notification, access to, and copies of, any document or information in Xxxxxx's Subgrantee’s or Contractor’s possession arising out of this Lease Agreement that Lessor LANTA reasonably believes is Requested Information and may be a public record under the RTKL ("Requested Information")RTKL; and and
2. Provide such other assistance as Lessor LANTA may reasonably request, in order to comply with the RTKL with respect to this LeaseAgreement. If Xxxxxx Subgrantee or 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 Lessee Subgrantee or Contractor considers exempt from production under the RTKL, Lessee Subgrantee or Contractor must notify Lessor LANTA and provide, within seven (7) calendar days of receiving the written notification, a written statement signed by a representative of Lessee Subgrantee or Contractor explaining why the requested material is exempt from public disclosure under the RTKL. Lessor LANTA will rely upon the written statement from Xxxxxx Subgrantee or Contractor in denying a RTKL request for the Requested Information unless Lessor LANTA determines that the Requested Information is clearly not protected from disclosure under the RTKL. Should Lessor LANTA determine that the Requested Information is clearly not exempt from disclosure, Lessee Subgrantee or Contractor shall provide the Requested Information within five (5) business days of receipt of written notification of Lessor's LANTA’s determination. If Lessee Subgrantee or Contractor fails to provide the Requested Information within the time period required by these provisions, Lessee Subgrantee or Contractor shall indemnify and hold Lessor LANTA harmless for any damages, penalties, costs, detriment or ham harm that Lessor LANTA may incur as a result of Xxxxxx's Subgrantee’s or Contractor’s failure, including any statutory damages assessed against LessorLANTA. Lessor LANTA will reimburse Lessee Subgrantee or Contractor for any costs associated with complying with these provisions only to the extent allowed under the fee schedule established by the Office office of Open Records or as otherwise provided by the RTKL if the fee schedule is inapplicable. Lessee Subgrantee or Contractor may file a legal challenge to any Commonwealth LANTA decision to release a record to the public with the Office of Open Records, or in the Pennsylvania Courts, however, Lessee Subgrantee or Contractor shall indemnify Lessor LANTA for any legal expenses incurred by Xxxxxx XXXXX as a result of such a challenge and shall hold Lessor LANTA harmless for any damages, penalties, costs, detriment or ham harm that Lessor LANTA may incur as a result of Lessee's Subgrantee’s or Contractor’s failure, including any statutory damages assessed against LessorLANTA, regardless of the outcome of such legal challenge. As between the parties, Xxxxxx Subgrantee or Contractor agrees to waive all rights or remedies that may be available to it as a result of Xxxxxx's XXXXX’s disclosure of Requested Information pursuant to the RTKL. Xxxxxx's The Subgrantee’s or Contractor’s duties relating to the RTKL are continuing duties that survive the expiration of this Agreement and shall continue as long as Lessee the Subgrantee or Contractor has Requested Information in its possession.
A. APPLICABILITY This article applies to all construction purchase orders and contracts.
B. LANTA may withhold an amount not to exceed ten (10%) percent of LANTA’s portion of net Project cost of this Agreement to ensure substantial completion by the contractor of the Project. LANTA may at any time release any portion of any such retainage if, in the opinion of LANTA, the contractor has substantially completed sufficient portions of the Project to justify such payments.
C. The release of retainage should not be a reduction of or release of bond performance obligations.
Appears in 1 contract
Right to Know. (A) The Pennsylvania Right-to-know Know Law, 65 P.S. §§ 67.101-3104, ("RTKL") applies to this Lease. For Agreement.
(B) If the purpose of these provisions, Seller needs the term “the Lessor” shall refer to the contracting Commonwealth agency. If Lessor needs Xxxxxx's Buyer’s assistance in any mater matter arising out of the RTKL related to this LeaseAgreement, it shall notify Lessee the Buyer using the legal contact information provided in this LeaseAgreement. LesseeThe Buyer, at any time, may designate a different contact for such purpose upon reasonable prior written notice to Xxxxxx. the Seller.
(C) Upon written notification from Lessor the Seller that it requires Xxxxxx's the Buyer’s assistance in responding to a request under the RTKL for information related to this Lease that may be in this
(1) Provide the Lessee's possession, constituting, or alleged to constitute, a public record in accordance with the RTKL ("Requested Information"), the Lessee shall: Provide LessorSeller, within ten (10) calendar days after receipt of written notification, access to, and copies of, any document or information in Xxxxxx's the Buyer’s possession arising out of this Lease Agreement that Lessor the Seller reasonably believes is Requested Information and may be a public record under the RTKL RTKL; and
("Requested Information"); and 2) Provide such other assistance as Lessor the Seller may reasonably request, in order to comply with the RTKL with respect to this Lease. Agreement.
(D) If Xxxxxx the Buyer 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 Lessee the Buyer considers exempt from production under the RTKL, Lessee the Buyer must notify Lessor the Seller and provide, within seven (7) calendar days of receiving the written notification, a written statement signed by a representative of Lessee the Buyer explaining why the requested material is exempt from public disclosure under the RTKL. Lessor .
(E) The Seller will rely upon the written statement from Xxxxxx the Buyer in denying a RTKL request for the Requested Information unless Lessor the Seller determines that the Requested Information is clearly not protected from disclosure under the RTKL. Should Lessor the Seller determine that the Requested Information is clearly not exempt from disclosure, Lessee ; the Buyer shall provide the Requested Information within five (5) business days of receipt of written notification of Lessor's the Buyer’s determination. .
(F) If Lessee the Buyer fails to provide the Requested Information within the time period required by these provisions, Lessee the Buyer shall indemnify and hold Lessor the Seller harmless for any damages, penalties, costs, detriment or ham harm that Lessor the Seller may incur as a result of Xxxxxx's the Buyer’s failure, including any statutory damages assessed against Lessor. Lessor the Seller.
(G) The Seller will reimburse Lessee the Buyer for any costs associated with complying with these provisions only to the extent allowed under the fee schedule established by the Office of Open Records or as otherwise provided by the RTKL if the fee schedule is inapplicable. Lessee .
(H) The Buyer may file a legal challenge to any Commonwealth Seller decision to release a record to the public with the Office of Open Records, or in the Pennsylvania Courts, however, Lessee the Buyer shall indemnify Lessor the Seller for any legal expenses incurred by Xxxxxx the Seller as a result of such a challenge and shall hold Lessor the Commonwealth harmless for any damages, penalties, costs, detriment or ham harm that Lessor the Seller may incur as a result of Lessee's the Buyer’s failure, including any statutory damages assessed against Lessor, regardless of the outcome of such legal challenge. As between the parties, Xxxxxx agrees to waive all rights or remedies that may be available to it as a result of Xxxxxx's disclosure of Requested Information pursuant to the RTKL. Xxxxxx's damages
(I) The Buyer’s duties relating to the RTKL are continuing duties that survive the expiration of this Agreement and shall continue as long as Lessee has the Buyer had Requested Information in its possession.
Appears in 1 contract
Samples: Agreement of Sale
Right to Know. The A. APPLICABILITY This article applies to all purchase orders and contracts.
B. Subgrantee or Contractor understands that this Agreement and records related to or arising out of the Agreement are subject to requests made pursuant to the Pennsylvania Right-to-know Know Law, 65 P.S. §§ 67.101-§67.101- 3104, ("“RTKL") applies to this Lease. For the purpose of these provisions, the term “the Lessor” shall refer to the contracting Commonwealth agency”). If Lessor LCTA needs Xxxxxx's the Subgrantee’s or Contractor’s assistance in any mater matter arising out of the RTKL related to this LeaseAgreement, it shall notify Lessee the Subgrantee or Contractor using the legal contact information provided in this Leasethe Agreement. LesseeThe Subgrantee or Contractor, at any time, may designate a different contact for such purpose upon reasonable prior written notice to XxxxxxLCTA. Upon written notification from Lessor LCTA that it requires Xxxxxx's Subgrantee’s or Contractor’s assistance in responding to a request under the RTKL for information related to this Lease Agreement that may be in the Lessee's Subgrantee’s or Contractor’s possession, constituting, or alleged to constitute, a public record in accordance with the RTKL ("“Requested Information"”), the Lessee Subgrantee or Contractor shall: :
1. Provide LessorLCTA, within ten (10) calendar days after receipt of written notification, access to, and copies of, any document or information in Xxxxxx's Subgrantee’s or Contractor’s possession arising out of this Lease Agreement that Lessor LCTA reasonably believes is Requested Information and may be a public record under the RTKL ("Requested Information")RTKL; and and
2. Provide such other assistance as Lessor LCTA may reasonably request, in order to comply with the RTKL with respect to this LeaseAgreement. If Xxxxxx Subgrantee or 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 Lessee Subgrantee or Contractor considers exempt from production under the RTKL, Lessee Subgrantee or Contractor must notify Lessor LCTA and provide, within seven (7) calendar days of receiving the written notification, a written statement signed by a representative of Lessee Subgrantee or Contractor explaining why the requested material is exempt from public disclosure under the RTKL. Lessor LCTA will rely upon the written statement from Xxxxxx Subgrantee or Contractor in denying a RTKL request for the Requested Information unless Lessor LCTA determines that the Requested Information is clearly not protected from disclosure under the RTKL. Should Lessor LCTA determine that the Requested Information is clearly not exempt from disclosure, Lessee Subgrantee or Contractor shall provide the Requested Information within five (5) business days of receipt of written notification of Lessor's LCTA’s determination. If Lessee Subgrantee or Contractor fails to provide the Requested Information within the time period required by these provisions, Lessee Subgrantee or Contractor shall indemnify and hold Lessor LCTA harmless for any damages, penalties, costs, detriment or ham harm that Lessor LCTA may incur as a result of Xxxxxx's Subgrantee’s or Contractor’s failure, including any statutory damages assessed against LessorLCTA. Lessor LCTA will reimburse Lessee Subgrantee or Contractor for any costs associated with complying with these provisions only to the extent allowed under the fee schedule established by the Office office of Open Records or as otherwise provided by the RTKL if the fee schedule is inapplicable. Lessee Subgrantee or Contractor may file a legal challenge to any Commonwealth LCTA decision to release a record to the public with the Office of Open Records, or in the Pennsylvania Courts, however, Lessee Subgrantee or Contractor shall indemnify Lessor LCTA for any legal expenses incurred by Xxxxxx LCTA as a result of such a challenge and shall hold Lessor LCTA harmless for any damages, penalties, costs, detriment or ham harm that Lessor LCTA may incur as a result of Lessee's Subgrantee’s or Contractor’s failure, including any statutory damages assessed against LessorLCTA, regardless of the outcome of such legal challenge. As between the parties, Xxxxxx Subgrantee or Contractor agrees to waive all rights or remedies that may be available to it as a result of Xxxxxx's LCTA’s disclosure of Requested Information pursuant to the RTKL. Xxxxxx's The Subgrantee’s or Contractor’s duties relating to the RTKL are continuing duties that survive the expiration of this Agreement and shall continue as long as Lessee the Subgrantee or Contractor has Requested Information in its possession.
A. APPLICABILITY This article applies to all construction purchase orders and contracts.
B. LCTA may withhold an amount not to exceed ten (10%) percent of LCTA’s portion of net Project cost of this Agreement to ensure substantial completion by the contractor of the Project. LCTA may at any time release any portion of any such retainage if, in the opinion of LCTA, the contractor has substantially completed sufficient portions of the Project to justify such payments.
C. The release of retainage should not be a reduction of or release of bond performance obligations.
Appears in 1 contract
Right to Know. The A. PROVIDER understands that this Agreement and records related to or arising out of this Agreement are subject to requests made pursuant to the Pennsylvania Right-to-know Know Law, 65 P.S. §§ Sections 67.101-3104, ("“RTKL") applies to this Lease. For ”).
B. If the purpose of these provisions, the term “the Lessor” shall refer to the contracting Commonwealth agency. If Lessor COUNTY needs Xxxxxx's PROVIDER’s assistance in any mater matter arising out of the RTKL related to this LeaseAgreement, it COUNTY shall notify Lessee PROVIDER using the legal contact information provided in this LeaseAgreement. LesseePROVIDER, at any time, may designate a different contact for such purpose upon reasonable prior written notice to Xxxxxx. COUNTY.
C. Upon written notification from Lessor the COUNTY that it requires Xxxxxx's PROVIDER’s assistance in responding to a request under the RTKL for information related to this Lease Agreement that may be in the Lessee's PROVIDER’s possession, constituting, or alleged to constitute, a public record in accordance with the RTKL ("“Requested Information"”), PROVIDER shall:
1. Provide the Lessee shall: Provide LessorCOUNTY, within ten (10) calendar days after receipt of written notification, access to, and copies of, any document or information in Xxxxxx's PROVIDER’s possession arising out of this Lease Agreement that Lessor the COUNTY reasonably believes is Requested Information and may be a public record under the RTKL ("Requested Information")RTKL; and and
2. Provide such other assistance as Lessor the COUNTY may reasonably request, in order to comply with the RTKL with respect to this Lease. Agreement.
D. If Xxxxxx 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, or other information that Lessee PROVIDER considers exempt from production under the RTKL, Lessee PROVIDER must notify Lessor the COUNTY and provide, within seven (7) calendar days of receiving the written notification, a written statement signed by a representative of Lessee PROVIDER explaining why the requested material is exempt from public disclosure under the RTKL. Lessor .
E. The COUNTY will rely upon the written statement from Xxxxxx PROVIDER in denying a RTKL request for the Requested Information unless Lessor the COUNTY determines that the Requested Information is clearly not protected from disclosure under the RTKL. Should Lessor the COUNTY determine that the Requested Information is clearly not exempt from disclosure, Lessee PROVIDER shall provide the Requested Information within five (5) business days of receipt of written notification of Lessor's the COUNTY’s determination. .
F. If Lessee PROVIDER fails to provide the Requested Information within the time period required by these provisions, Lessee PROVIDER shall indemnify and hold Lessor the COUNTY harmless for any damages, penalties, costs, detriment or ham harm, including attorney’s fees, that Lessor the COUNTY may incur as a result of Xxxxxx's PROVIDER’s failure, including any statutory damages assessed against Lessor. Lessor the COUNTY.
G. The COUNTY will reimburse Lessee PROVIDER for any costs associated with complying with these provisions only to the extent allowed under the fee schedule established by the Office of Open Records or as otherwise provided by the RTKL if the fee schedule is inapplicable. Lessee Records.
H. PROVIDER may file a legal challenge to any Commonwealth COUNTY decision to release a record to the public with the Office of Open Records, or in the Pennsylvania Courts, however, Lessee PROVIDER shall indemnify Lessor the COUNTY for any legal expenses attorney’s fees and costs incurred by Xxxxxx the COUNTY as a result of such a challenge and shall hold Lessor the COUNTY harmless for any damages, penalties, costs, detriment or ham harm that Lessor the COUNTY may incur as a result of Lessee's failurePROVIDER’s actions, including any statutory damages assessed against Lessorthe COUNTY, regardless of the outcome of such legal challenge. As between the parties, Xxxxxx PROVIDER agrees to waive all rights or remedies that may be available to it as a result of Xxxxxx's the COUNTY’s disclosure of Requested Information pursuant to the RTKL. Xxxxxx's .
I. PROVIDER agrees to comply with any final decision of either the Office of Open Records or the Pennsylvania Unified Judicial System concerning RTKL related matters.
J. PROVIDER’s duties relating to the RTKL are continuing duties that survive the expiration of this Agreement and shall continue as long as Lessee PROVIDER has Requested Information in its possession.
Appears in 1 contract
Samples: Professional Services
Right to Know. A. The Pennsylvania Right-to-know Know Law, 65 P.S. §§ 67.101-3104, ("“RTKL"”) applies to this LeaseContract. For the purpose of these provisions, the term “the LessorCommonwealth” shall refer to the contracting Commonwealth agency. agency .and “this Contract” shall refer to the Agreement together with its Payment Schedule and “the Contractor” shall refer to FINANCER.
B. If Lessor the Commonwealth needs Xxxxxx's the Contractor’s assistance in any mater a matter arising out of the RTKL related to this LeaseContract, it shall notify Lessee the Contractor using the legal contact information provided in this LeaseContract. LesseeThe Contractor, at any time, may designate a different contact for such purpose upon reasonable prior written notice to Xxxxxx. the Commonwealth.
C. Upon written notification from Lessor the Commonwealth that it requires Xxxxxx's the Contractor’s assistance in responding to a request under the RTKL for information related to this Lease Contract that may be in the Lessee's Contractor’s possession, constituting, or alleged to constitute, a public record in accordance with the RTKL ("“Requested Information"”), the Lessee Contractor shall: :
I. Provide Lessorthe Commonwealth, within ten (10) calendar days after receipt of written notification, access to, and copies of, any document or information in Xxxxxx's the Contractor’s possession arising out of this Lease Contract that Lessor the Commonwealth reasonably believes is Requested Information and may be a public record under the RTKL ("Requested Information")RTKL; and and
II. Provide such other assistance as Lessor the Commonwealth may reasonably request, in order to comply with the RTKL with respect to this Lease. Contract.
D. If Xxxxxx the 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 Lessee the Contractor considers exempt from production under the RTKL, Lessee the Contractor must notify Lessor the Commonwealth and provide, within seven (7) calendar days of receiving the written notification, a written statement signed by a representative of Lessee the Contractor explaining why the requested material is exempt from public disclosure under the RTKL. Lessor .
E. The Commonwealth will rely upon the written statement from Xxxxxx the Contractor in denying a RTKL request for the Requested Information unless Lessor the Commonwealth determines that the Requested Information is clearly not protected from disclosure under the RTKL. Should Lessor the Commonwealth determine that the Requested Information is clearly not exempt from disclosure, Lessee the Contractor shall provide the Requested Information within five (5) business days of receipt of written notification of Lessor's the Commonwealth’s determination. .
F. If Lessee the Contractor fails to provide the Requested Information within the time period required by these provisions, Lessee the Contractor shall indemnify and hold Lessor the Commonwealth harmless for any damages, penalties, costs, detriment or ham harm that Lessor the Commonwealth may incur as a result of Xxxxxx's the Contractor’s failure, including any statutory damages assessed against Lessor. Lessor the Commonwealth.
G. The Commonwealth will reimburse Lessee the Contractor for any costs associated with complying with these provisions only to the extent allowed under the fee schedule established by the Office of Open Records or as otherwise provided by the RTKL if the fee schedule is inapplicable. Lessee .
H. The contractor may file a legal challenge to any Commonwealth decision to release a record to the public with the Office of Open Records, or in the Pennsylvania Courts, ; however, Lessee the Contractor shall indemnify Lessor the Commonwealth for any legal expenses incurred by Xxxxxx the Commonwealth as a result of such a challenge and shall hold Lessor the Commonwealth harmless for any damages, penalties, costs, detriment or ham harm that Lessor the Commonwealth may incur as a result of Lessee's the Contractor’s failure, including any statutory damages assessed against Lessorthe Commonwealth, regardless of the outcome of such legal challenge. As between the parties, Xxxxxx the Contractor agrees to waive all rights or remedies that may be available to it as a result of Xxxxxx's the Commonwealth’s disclosure of Requested Information pursuant to the RTKL. Xxxxxx's .
I. The Contractor’s duties relating to the RTKL are continuing duties that survive the expiration of this Agreement Contract and shall continue as long as Lessee the Contractor has Requested Information in its possession.
Appears in 1 contract
Samples: Installment Purchase Agreement
Right to Know. a. The Pennsylvania Right-to-know Know Law, 65 P.S. §§ 67.101-3104, ("“RTKL"”) applies to this Lease. For the purpose of these provisions, the term “the Lessor” shall refer to the contracting Commonwealth agency. .
b. If Lessor needs Xxxxxx's Lessee’s assistance in any mater matter arising out of the RTKL related to this Lease, it shall notify Lessee using the legal contact information provided in this Lease. Lessee, at any time, may designate a different contact for such purpose upon reasonable prior written notice to Xxxxxx. Lessor.
c. Upon written notification from Lessor that it requires Xxxxxx's Lessee’s assistance in responding to a request under the RTKL for information related to this Lease that may be in the Lessee's ’s possession, constituting, or alleged to constitute, a public record in accordance with the RTKL ("“Requested Information"”), the Lessee shall: :
1. Provide Lessor, within ten (10) calendar days after receipt of written notification, access to, and copies of, any document or information in Xxxxxx's Lessee’s possession arising out of this Lease that Lessor reasonably believes is Requested Information and may be a public record under the RTKL ("“Requested Information"”); and and
2. Provide such other assistance as Lessor may reasonably request, in order to comply with the RTKL with respect to this Lease. .
d. If Xxxxxx Lessee 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 Lessee considers exempt from production under the RTKL, Lessee must notify Lessor and provide, within seven (7) calendar days of receiving the written notification, a written statement signed by a representative of Lessee explaining why the requested material is exempt from public disclosure under the RTKL. Lessor .
x. Xxxxxx will rely upon the written statement from Xxxxxx Lessee in denying a RTKL request for the Requested Information unless Lessor determines that the Requested Information is clearly not protected from disclosure under the RTKL. Should Lessor determine that the Requested Information is clearly not exempt from disclosure, Lessee shall provide the Requested Information within five (5) business days of receipt of written notification of Lessor's ’s determination. .
f. If Lessee fails to provide the Requested Information within the time period required by these provisions, Lessee shall indemnify and hold Lessor harmless for any damages, penalties, costs, detriment or ham harm that Lessor may incur as a result of Xxxxxx's Lessee’s failure, including any statutory damages assessed against Lessor. Lessor .
x. Xxxxxx will reimburse Lessee for any costs associated with complying with these provisions only to the extent allowed under the fee schedule established by the Office of Open Records or as otherwise provided by the RTKL if the fee schedule is inapplicable. .
h. Lessee may file a legal challenge to any Commonwealth decision to release a record to the public with the Office of Open Records, or in the Pennsylvania Courts, however, Lessee shall indemnify Lessor for any legal expenses incurred by Xxxxxx Lessor as a result of such a challenge and shall hold Lessor harmless for any damages, penalties, costs, detriment or ham harm that Lessor may incur as a result of Lessee's ’s failure, including any statutory damages assessed against Lessor, regardless of the outcome of such legal challenge. As between the parties, Xxxxxx Lessee agrees to waive all rights or remedies that may be available to it as a result of Xxxxxx's Lessor’s disclosure of Requested Information pursuant to the RTKL. Xxxxxx's .
i. Lessee’s duties relating to the RTKL are continuing duties that survive the expiration of this Agreement Contract and shall continue as long as Lessee has Requested Information in its possession.
Appears in 1 contract
Samples: Lease Agreement