Common use of Right to Know Clause in Contracts

Right to Know. 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 Law, 65 P.S. Sections 67.101-3104, (“RTKL”). B. If the COUNTY needs PROVIDER’s assistance in any matter arising out of the RTKL related to this Agreement, COUNTY shall notify PROVIDER using the legal contact information provided in this Agreement. PROVIDER, at any time, may designate a different contact for such purpose upon reasonable prior written notice to COUNTY. C. Upon written notification from the COUNTY that it requires PROVIDER’s assistance in responding to a request under the RTKL for information related to this Agreement that may be in PROVIDER’s possession, constituting, or alleged to constitute, a public record in accordance with the RTKL (“Requested Information”), PROVIDER shall: 1. Provide the COUNTY, within ten (10) calendar days after receipt of written notification, access to, and copies of, any document or information in PROVIDER’s possession arising out of this Agreement that the COUNTY reasonably believes is Requested Information and may be a public record under the RTKL; and 2. Provide such other assistance as the COUNTY may reasonably request, in order to comply with the RTKL with respect to this Agreement. D. If 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 PROVIDER considers exempt from production under the RTKL, PROVIDER must notify the COUNTY and provide, within seven (7) calendar days of receiving the written notification, a written statement signed by a representative of PROVIDER explaining why the requested material is exempt from public disclosure under the RTKL. E. The COUNTY will rely upon the written statement from PROVIDER 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. Should the COUNTY determine that the Requested Information is clearly not exempt from disclosure, PROVIDER shall provide the Requested Information within five (5) business days of receipt of written notification of the COUNTY’s determination. F. If PROVIDER fails to provide the Requested Information within the time period required by these provisions, PROVIDER shall indemnify and hold the COUNTY harmless for any damages, penalties, costs, detriment or harm, including attorney’s fees, that the COUNTY may incur as a result of PROVIDER’s failure, including any statutory damages assessed against the COUNTY. G. The COUNTY will reimburse PROVIDER for costs associated with complying with these provisions only to the extent allowed under the fee schedule established by the Office of Open Records. H. PROVIDER may file a legal challenge to any COUNTY decision to release a record to the public with the Office of Open Records, or in the Pennsylvania Courts, however, PROVIDER shall indemnify the COUNTY for any attorney’s fees and costs 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 PROVIDER’s actions, including any statutory damages assessed against the COUNTY, regardless of the outcome of such legal challenge. As between the parties, 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. 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 PROVIDER has Requested Information in its possession.

Appears in 1 contract

Samples: Professional Services

AutoNDA by SimpleDocs

Right to Know. A. PROVIDER understands that this Agreement and records related to or arising out of this Agreement are subject to requests made pursuant to the The Pennsylvania Right-to-Know know Law, 65 P.S. Sections §§ 67.101-3104, ("RTKL") applies to this Lease. For the purpose of these provisions, the term RTKL”). B. the Lessor” shall refer to the contracting Commonwealth agency. If the COUNTY Lessor needs PROVIDER’s Xxxxxx's assistance in any matter mater arising out of the RTKL related to this AgreementLease, COUNTY it shall notify PROVIDER Lessee using the legal contact information provided in this AgreementLease. PROVIDERLessee, at any time, may designate a different contact for such purpose upon reasonable prior written notice to COUNTY. C. Xxxxxx. Upon written notification from the COUNTY Lessor that it requires PROVIDER’s Xxxxxx's assistance in responding to a request under the RTKL for information related to this Agreement Lease that may be in PROVIDER’s the Lessee's possession, constituting, or alleged to constitute, a public record in accordance with the RTKL ("Requested Information"), PROVIDER the Lessee shall: 1. : Provide the COUNTYLessor, within ten (10) calendar days after receipt of written notification, access to, and copies of, any document or information in PROVIDER’s Xxxxxx's possession arising out of this Agreement Lease that the COUNTY Lessor reasonably believes is Requested Information and may be a public record under the RTKLRTKL ("Requested Information"); and 2. and Provide such other assistance as the COUNTY Lessor may reasonably request, in order to comply with the RTKL with respect to this Agreement. D. Lease. If PROVIDER 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 PROVIDER Lessee considers exempt from production under the RTKL, PROVIDER Lessee must notify the COUNTY Lessor and provide, within seven (7) calendar days of receiving the written notification, a written statement signed by a representative of PROVIDER Lessee explaining why the requested material is exempt from public disclosure under the RTKL. E. The COUNTY . Lessor will rely upon the written statement from PROVIDER Xxxxxx in denying a RTKL request for the Requested Information unless the COUNTY Lessor determines that the Requested Information is clearly not protected from disclosure under the RTKL. Should the COUNTY Lessor determine that the Requested Information is clearly not exempt from disclosure, PROVIDER Lessee shall provide the Requested Information within five (5) business days of receipt of written notification of the COUNTY’s Lessor's determination. F. . If PROVIDER Lessee fails to provide the Requested Information within the time period required by these provisions, PROVIDER Lessee shall indemnify and hold the COUNTY Lessor harmless for any damages, penalties, costs, detriment or harm, including attorney’s fees, ham that the COUNTY Lessor may incur as a result of PROVIDER’s Xxxxxx's failure, including any statutory damages assessed against the COUNTY. G. The COUNTY Lessor. Lessor will reimburse PROVIDER 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. H. PROVIDER Records or as otherwise provided by the RTKL if the fee schedule is inapplicable. Lessee may file a legal challenge to any COUNTY Commonwealth decision to release a record to the public with the Office of Open Records, or in the Pennsylvania Courts, however, PROVIDER Lessee shall indemnify the COUNTY Lessor for any attorney’s fees and costs legal expenses incurred by the COUNTY Xxxxxx as a result of such a challenge and shall hold the COUNTY Lessor harmless for any damages, penalties, costs, detriment or harm ham that the COUNTY Lessor may incur as a result of PROVIDER’s actionsLessee's failure, including any statutory damages assessed against the COUNTYLessor, regardless of the outcome of such legal challenge. As between the parties, PROVIDER Xxxxxx agrees to waive all rights or remedies that may be available to it as a result of the COUNTY’s Xxxxxx's disclosure of Requested Information pursuant to the RTKL. 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 . Xxxxxx's duties relating to the RTKL are continuing duties that survive the expiration of this Agreement and shall continue as long as PROVIDER Lessee has Requested Information in its possession.

Appears in 1 contract

Samples: Lease Agreement

Right to Know. A. PROVIDER understands that this Agreement and records related to or arising out of this Agreement are subject to requests made pursuant to the The Pennsylvania Right-to-Know Law, 65 P.S. Sections §§ 67.101-3104, (“RTKL”)) applies to this Contract. For the purpose of these provisions, the term “the Commonwealth” shall refer to the contracting Commonwealth agency .and “this Contract” shall refer to the Agreement together with its Payment Schedule and “the Contractor” shall refer to FINANCER. B. If the COUNTY Commonwealth needs PROVIDERthe Contractor’s assistance in any a matter arising out of the RTKL related to this AgreementContract, COUNTY it shall notify PROVIDER the Contractor using the legal contact information provided in this AgreementContract. PROVIDERThe Contractor, at any time, may designate a different contact for such purpose upon reasonable prior written notice to COUNTYthe Commonwealth. C. Upon written notification from the COUNTY Commonwealth that it requires PROVIDERthe Contractor’s assistance in responding to a request under the RTKL for information related to this Agreement Contract that may be in PROVIDERthe Contractor’s possession, constituting, or alleged to constitute, a public record in accordance with the RTKL (“Requested Information”), PROVIDER the Contractor shall: 1. I. Provide the COUNTYCommonwealth, within ten (10) calendar days after receipt of written notification, access to, and copies of, any document or information in PROVIDERthe Contractor’s possession arising out of this Agreement Contract that the COUNTY Commonwealth reasonably believes is Requested Information and may be a public record under the RTKL; and 2II. Provide such other assistance as the COUNTY Commonwealth may reasonably request, in order to comply with the RTKL with respect to this AgreementContract. D. If PROVIDER 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 PROVIDER the Contractor considers exempt from production under the RTKL, PROVIDER the Contractor must notify the COUNTY Commonwealth and provide, within seven (7) calendar days of receiving the written notification, a written statement signed by a representative of PROVIDER the Contractor explaining why the requested material is exempt from public disclosure under the RTKL. E. The COUNTY Commonwealth will rely upon the written statement from PROVIDER the Contractor in denying a RTKL request for the Requested Information unless the COUNTY Commonwealth determines that the Requested Information is clearly not protected from disclosure under the RTKL. Should the COUNTY Commonwealth determine that the Requested Information is clearly not exempt from disclosure, PROVIDER the Contractor shall provide the Requested Information within five (5) business days of receipt of written notification of the COUNTYCommonwealth’s determination. F. If PROVIDER the Contractor fails to provide the Requested Information within the time period required by these provisions, PROVIDER the Contractor shall indemnify and hold the COUNTY Commonwealth harmless for any damages, penalties, costs, detriment or harm, including attorney’s fees, harm that the COUNTY Commonwealth may incur as a result of PROVIDERthe Contractor’s failure, including any statutory damages assessed against the COUNTYCommonwealth. G. The COUNTY Commonwealth will reimburse PROVIDER 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 RecordsRecords or as otherwise provided by the RTKL if the fee schedule is inapplicable. H. PROVIDER The contractor may file a legal challenge to any COUNTY Commonwealth decision to release a record to the public with the Office of Open Records, or in the Pennsylvania Courts, ; however, PROVIDER the Contractor shall indemnify the COUNTY Commonwealth for any attorney’s fees and costs legal expenses incurred by the COUNTY Commonwealth as a result of such a challenge and shall hold the COUNTY Commonwealth harmless for any damages, penalties, costs, detriment or harm that the COUNTY Commonwealth may incur as a result of PROVIDERthe Contractor’s actionsfailure, including any statutory damages assessed against the COUNTYCommonwealth, regardless of the outcome of such legal challenge. As between the parties, PROVIDER the Contractor agrees to waive all rights or remedies that may be available to it as a result of the COUNTYCommonwealth’s disclosure of Requested Information pursuant to the RTKL. 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. PROVIDERThe Contractor’s duties relating to the RTKL are continuing duties that survive the expiration of this Agreement Contract and shall continue as long as PROVIDER the Contractor has Requested Information in its possession.

Appears in 1 contract

Samples: Installment Purchase Agreement

Right to Know. A. PROVIDER understands that this Agreement and records related to or arising out of this Agreement are subject to requests made pursuant to the (A) The Pennsylvania Right-to-Know Law, 65 P.S. Sections §§ 67.101-3104, (“RTKL”)applies to this Agreement. B. (B) If the COUNTY Seller needs PROVIDERthe Buyer’s assistance in any matter arising out of the RTKL related to this Agreement, COUNTY it shall notify PROVIDER the Buyer using the legal contact information provided in this Agreement. PROVIDERThe Buyer, at any time, may designate a different contact for such purpose upon reasonable prior written notice to COUNTYthe Seller. C. (C) Upon written notification from the COUNTY Seller that it requires PROVIDERthe Buyer’s assistance in responding to a request under the RTKL for information related to this Agreement that may be in PROVIDER’s possession, constituting, or alleged to constitute, a public record in accordance with the RTKL this (“Requested Information”), PROVIDER shall: 1. ) Provide the COUNTYSeller, within ten (10) calendar days after receipt of written notification, access to, and copies of, any document or information in PROVIDERthe Buyer’s possession arising out of this Agreement that the COUNTY Seller reasonably believes is Requested Information and may be a public record under the RTKL; and (2. ) Provide such other assistance as the COUNTY Seller may reasonably request, in order to comply with the RTKL with respect to this Agreement. D. (D) If PROVIDER 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 PROVIDER the Buyer considers exempt from production under the RTKL, PROVIDER the Buyer must notify the COUNTY Seller and provide, within seven (7) calendar days of receiving the written notification, a written statement signed by a representative of PROVIDER the Buyer explaining why the requested material is exempt from public disclosure under the RTKL. E. (E) The COUNTY Seller will rely upon the written statement from PROVIDER the Buyer in denying a RTKL request for the Requested Information unless the COUNTY Seller determines that the Requested Information is clearly not protected from disclosure under the RTKL. Should the COUNTY Seller determine that the Requested Information is clearly not exempt from disclosure, PROVIDER ; the Buyer shall provide the Requested Information within five (5) business days of receipt of written notification of the COUNTYBuyer’s determination. F. (F) If PROVIDER the Buyer fails to provide the Requested Information within the time period required by these provisions, PROVIDER the Buyer shall indemnify and hold the COUNTY Seller harmless for any damages, penalties, costs, detriment or harm, including attorney’s fees, harm that the COUNTY Seller may incur as a result of PROVIDERthe Buyer’s failure, including any statutory damages assessed against the COUNTYSeller. G. (G) The COUNTY Seller will reimburse PROVIDER 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 RecordsRecords or as otherwise provided by the RTKL if the fee schedule is inapplicable. H. PROVIDER (H) The Buyer may file a legal challenge to any COUNTY Seller decision to release a record to the public with the Office of Open Records, or in the Pennsylvania Courts, however, PROVIDER the Buyer shall indemnify the COUNTY Seller for any attorney’s fees and costs legal expenses incurred by the COUNTY Seller as a result of such a challenge and shall hold the COUNTY Commonwealth harmless for any damages, penalties, costs, detriment or harm that the COUNTY Seller may incur as a result of PROVIDERthe Buyer’s actionsfailure, including any statutory damages assessed against the COUNTY, regardless of the outcome of such legal challenge. As between the parties, 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.damages 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(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 PROVIDER has the Buyer had Requested Information in its possession.

Appears in 1 contract

Samples: Agreement of Sale

Right to Know. A. PROVIDER 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 this the Agreement are subject to requests made pursuant to the Pennsylvania Right-to-Know Law, 65 P.S. Sections 67.101-§§67.101- 3104, (“RTKL”). B. . If LCTA needs the COUNTY needs PROVIDERSubgrantee’s or Contractor’s assistance in any matter arising out of the RTKL related to this Agreement, COUNTY it shall notify PROVIDER the Subgrantee or Contractor using the legal contact information provided in this the Agreement. PROVIDERThe Subgrantee or Contractor, at any time, may designate a different contact for such purpose upon reasonable prior written notice to COUNTY. C. LCTA. Upon written notification from the COUNTY LCTA that it requires PROVIDERSubgrantee’s or Contractor’s assistance in responding to a request under the RTKL for information related to this Agreement that may be in PROVIDERSubgrantee’s or Contractor’s possession, constituting, or alleged to constitute, a public record in accordance with the RTKL (“Requested Information”), PROVIDER Subgrantee or Contractor shall: 1. Provide the COUNTYLCTA, within ten (10) calendar days after receipt of written notification, access to, and copies of, any document or information in PROVIDERSubgrantee’s or Contractor’s possession arising out of this Agreement that the COUNTY LCTA reasonably believes is Requested Information and may be a public record under the RTKL; and 2. Provide such other assistance as the COUNTY LCTA may reasonably request, in order to comply with the RTKL with respect to this Agreement. D. . If PROVIDER 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 PROVIDER Subgrantee or Contractor considers exempt from production under the RTKL, PROVIDER Subgrantee or Contractor must notify the COUNTY LCTA and provide, within seven (7) calendar days of receiving the written notification, a written statement signed by a representative of PROVIDER Subgrantee or Contractor explaining why the requested material is exempt from public disclosure under the RTKL. E. The COUNTY . LCTA will rely upon the written statement from PROVIDER Subgrantee or Contractor in denying a RTKL request for the Requested Information unless the COUNTY LCTA determines that the Requested Information is clearly not protected from disclosure under the RTKL. Should the COUNTY LCTA determine that the Requested Information is clearly not exempt from disclosure, PROVIDER Subgrantee or Contractor shall provide the Requested Information within five (5) business days of receipt of written notification of the COUNTYLCTA’s determination. F. . If PROVIDER Subgrantee or Contractor fails to provide the Requested Information within the time period required by these provisions, PROVIDER Subgrantee or Contractor shall indemnify and hold the COUNTY LCTA harmless for any damages, penalties, costs, detriment or harm, including attorney’s fees, harm that the COUNTY LCTA may incur as a result of PROVIDERSubgrantee’s or Contractor’s failure, including any statutory damages assessed against the COUNTY. G. The COUNTY LCTA. LCTA will reimburse PROVIDER 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. H. PROVIDER Records or as otherwise provided by the RTKL if the fee schedule is inapplicable. Subgrantee or Contractor may file a legal challenge to any COUNTY LCTA decision to release a record to the public with the Office of Open Records, or in the Pennsylvania Courts, however, PROVIDER Subgrantee or Contractor shall indemnify the COUNTY LCTA for any attorney’s fees and costs legal expenses incurred by the COUNTY LCTA as a result of such a challenge and shall hold the COUNTY LCTA harmless for any damages, penalties, costs, detriment or harm that the COUNTY LCTA may incur as a result of PROVIDERSubgrantee’s actionsor Contractor’s failure, including any statutory damages assessed against the COUNTYLCTA, regardless of the outcome of such legal challenge. As between the parties, PROVIDER Subgrantee or Contractor agrees to waive all rights or remedies that may be available to it as a result of the COUNTYLCTA’s disclosure of Requested Information pursuant to the RTKL. I. PROVIDER agrees to comply with any final decision of either the Office of Open Records . The Subgrantee’s or the Pennsylvania Unified Judicial System concerning RTKL related matters. J. PROVIDERContractor’s duties relating to the RTKL are continuing duties that survive the expiration of this Agreement and shall continue as long as PROVIDER 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

Samples: Nondiscrimination/Sexual Harassment Clause

AutoNDA by SimpleDocs

Right to Know. A. PROVIDER 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 this the Agreement are subject to requests made pursuant to the Pennsylvania Right-to-Know Law, 65 P.S. Sections 67.101-§§67.101- 3104, (“RTKL”). B. . If LANTA needs the COUNTY needs PROVIDERSubgrantee’s or Contractor’s assistance in any matter arising out of the RTKL related to this Agreement, COUNTY it shall notify PROVIDER the Subgrantee or Contractor using the legal contact information provided in this the Agreement. PROVIDERThe Subgrantee or Contractor, at any time, may designate a different contact for such purpose upon reasonable prior written notice to COUNTY. C. LANTA. Upon written notification from the COUNTY LANTA that it requires PROVIDERSubgrantee’s or Contractor’s assistance in responding to a request under the RTKL for information related to this Agreement that may be in PROVIDERSubgrantee’s or Contractor’s possession, constituting, or alleged to constitute, a public record in accordance with the RTKL (“Requested Information”), PROVIDER Subgrantee or Contractor shall: 1. Provide the COUNTYLANTA, within ten (10) calendar days after receipt of written notification, access to, and copies of, any document or information in PROVIDERSubgrantee’s or Contractor’s possession arising out of this Agreement that the COUNTY LANTA reasonably believes is Requested Information and may be a public record under the RTKL; and 2. Provide such other assistance as the COUNTY LANTA may reasonably request, in order to comply with the RTKL with respect to this Agreement. D. . If PROVIDER 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 PROVIDER Subgrantee or Contractor considers exempt from production under the RTKL, PROVIDER Subgrantee or Contractor must notify the COUNTY LANTA and provide, within seven (7) calendar days of receiving the written notification, a written statement signed by a representative of PROVIDER Subgrantee or Contractor explaining why the requested material is exempt from public disclosure under the RTKL. E. The COUNTY . LANTA will rely upon the written statement from PROVIDER Subgrantee or Contractor in denying a RTKL request for the Requested Information unless the COUNTY LANTA determines that the Requested Information is clearly not protected from disclosure under the RTKL. Should the COUNTY LANTA determine that the Requested Information is clearly not exempt from disclosure, PROVIDER Subgrantee or Contractor shall provide the Requested Information within five (5) business days of receipt of written notification of the COUNTYLANTA’s determination. F. . If PROVIDER Subgrantee or Contractor fails to provide the Requested Information within the time period required by these provisions, PROVIDER Subgrantee or Contractor shall indemnify and hold the COUNTY LANTA harmless for any damages, penalties, costs, detriment or harm, including attorney’s fees, harm that the COUNTY LANTA may incur as a result of PROVIDERSubgrantee’s or Contractor’s failure, including any statutory damages assessed against the COUNTY. G. The COUNTY LANTA. LANTA will reimburse PROVIDER 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. H. PROVIDER Records or as otherwise provided by the RTKL if the fee schedule is inapplicable. Subgrantee or Contractor may file a legal challenge to any COUNTY LANTA decision to release a record to the public with the Office of Open Records, or in the Pennsylvania Courts, however, PROVIDER Subgrantee or Contractor shall indemnify the COUNTY LANTA for any attorney’s fees and costs legal expenses incurred by the COUNTY XXXXX as a result of such a challenge and shall hold the COUNTY LANTA harmless for any damages, penalties, costs, detriment or harm that the COUNTY LANTA may incur as a result of PROVIDERSubgrantee’s actionsor Contractor’s failure, including any statutory damages assessed against the COUNTYLANTA, regardless of the outcome of such legal challenge. As between the parties, PROVIDER Subgrantee or Contractor agrees to waive all rights or remedies that may be available to it as a result of the COUNTYXXXXX’s disclosure of Requested Information pursuant to the RTKL. I. PROVIDER agrees to comply with any final decision of either the Office of Open Records . The Subgrantee’s or the Pennsylvania Unified Judicial System concerning RTKL related matters. J. PROVIDERContractor’s duties relating to the RTKL are continuing duties that survive the expiration of this Agreement and shall continue as long as PROVIDER 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

Samples: Nondiscrimination/Sexual Harassment Clause

Right to Know. A. PROVIDER understands that this Agreement and records related to or arising out of this Agreement are subject to requests made pursuant to the a. The Pennsylvania Right-to-Know Law, 65 P.S. Sections §§ 67.101-3104, (“RTKL”)) applies to this Lease. B. b. If the COUNTY Lessor needs PROVIDERLessee’s assistance in any matter arising out of the RTKL related to this AgreementLease, COUNTY it shall notify PROVIDER Lessee using the legal contact information provided in this AgreementLease. PROVIDERLessee, at any time, may designate a different contact for such purpose upon reasonable prior written notice to COUNTYLessor. C. c. Upon written notification from the COUNTY Lessor that it requires PROVIDERLessee’s assistance in responding to a request under the RTKL for information related to this Agreement Lease that may be in PROVIDERthe Lessee’s possession, constituting, or alleged to constitute, a public record in accordance with the RTKL (“Requested Information”), PROVIDER the Lessee shall: 1. Provide the COUNTYLessor, within ten (10) calendar days after receipt of written notification, access to, and copies of, any document or information in PROVIDERLessee’s possession arising out of this Agreement Lease that the COUNTY Lessor reasonably believes is Requested Information and may be a public record under the RTKLRTKL (“Requested Information”); and 2. Provide such other assistance as the COUNTY Lessor may reasonably request, in order to comply with the RTKL with respect to this AgreementLease. D. d. If PROVIDER 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 PROVIDER Lessee considers exempt from production under the RTKL, PROVIDER Lessee must notify the COUNTY Lessor and provide, within seven (7) calendar days of receiving the written notification, a written statement signed by a representative of PROVIDER Lessee explaining why the requested material is exempt from public disclosure under the RTKL. E. The COUNTY x. Xxxxxx will rely upon the written statement from PROVIDER Lessee in denying a RTKL request for the Requested Information unless the COUNTY Lessor determines that the Requested Information is clearly not protected from disclosure under the RTKL. Should the COUNTY Lessor determine that the Requested Information is clearly not exempt from disclosure, PROVIDER Lessee shall provide the Requested Information within five (5) business days of receipt of written notification of the COUNTYLessor’s determination. F. f. If PROVIDER Lessee fails to provide the Requested Information within the time period required by these provisions, PROVIDER Lessee shall indemnify and hold the COUNTY Lessor harmless for any damages, penalties, costs, detriment or harm, including attorney’s fees, harm that the COUNTY Lessor may incur as a result of PROVIDERLessee’s failure, including any statutory damages assessed against the COUNTYLessor. G. The COUNTY x. Xxxxxx will reimburse PROVIDER 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 RecordsRecords or as otherwise provided by the RTKL if the fee schedule is inapplicable. H. PROVIDER h. Lessee may file a legal challenge to any COUNTY Commonwealth decision to release a record to the public with the Office of Open Records, or in the Pennsylvania Courts, however, PROVIDER Lessee shall indemnify the COUNTY Lessor for any attorney’s fees and costs legal expenses incurred by the COUNTY Lessor as a result of such a challenge and shall hold the COUNTY Lessor harmless for any damages, penalties, costs, detriment or harm that the COUNTY Lessor may incur as a result of PROVIDERLessee’s actionsfailure, including any statutory damages assessed against the COUNTYLessor, regardless of the outcome of such legal challenge. As between the parties, PROVIDER Lessee agrees to waive all rights or remedies that may be available to it as a result of the COUNTYLessor’s disclosure of Requested Information pursuant to the RTKL. 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. PROVIDERi. Lessee’s duties relating to the RTKL are continuing duties that survive the expiration of this Agreement Contract and shall continue as long as PROVIDER Lessee has Requested Information in its possession.

Appears in 1 contract

Samples: Lease Agreement