Common use of Freedom of Information Act Requests Clause in Contracts

Freedom of Information Act Requests. Within four (4) business days after the Municipality’s Notice to the Consultant of the Municipality’s receipt of a request made pursuant to the Illinois Freedom of Information Act (ILCS 140/1 et seq. – herein “FOIA”), the Consultant shall furnish all requested records in the Consultant’s possession which are in any manner related to this Contract or the Consultant’s performance of the Services, including but not limited to any documentation related to the Municipality and associated therewith. The Consultant shall not apply any costs or charge any fees to the Municipality or any other person, firm or corporation for its procurement and retrieval of such records in the Consultant’s possession which are sought to be copied or reviewed in accordance with such FOIA request or requests. The Consultant shall defend, indemnify and hold harmless the Municipality including its several departments and including its officers and employees and shall pay all of the Consultant’s Costs associated with such FOIA request or requests including Costs arising from the Consultant’s failure or alleged failure to timely furnish such documentation and/or arising from the Consultant’s failure or alleged failure otherwise to comply with the FOIA, whether or not associated with the Consultant’s and/or the Municipality’s defense of any litigation associated therewith. In addition, if the Consultant requests the Municipality to deny the FOIA request or any portion thereof by utilizing one or more of the lawful exemptions provided for in the FOIA, the Consultant shall pay all Costs in connection therewith. As used herein, “in the Consultant’s possession” includes documents in the possession of any of the Consultant’s officers, agents, employees and/or independent contractors; and “Costs” includes but is not limited to attorneys’ fees, witness fees, filing fees and any and all other expenses — whether incurred by the Municipality or the Consultant.

Freedom of Information Act Requests. Within four three (43) business days after the Municipality’s Notice to the Consultant of the Municipality’s receipt of a request made pursuant to the Illinois Freedom of Information Act (ILCS 140/1 et seq. – herein “FOIA”), the Consultant shall furnish all requested records in the Consultant’s possession which are in any manner related to this Contract or the Consultant’s performance of the Services, including but not limited to any documentation related to the Municipality and associated therewith. The Consultant shall not apply any costs or charge any fees to the Municipality or any other person, firm or corporation for its procurement and retrieval of such records in the Consultant’s possession which are sought to be copied or reviewed in accordance with such FOIA request or requests. The Consultant shall defend, indemnify and hold harmless the Municipality including its several departments and including its officers and employees and shall pay all of the Consultant’s Costs associated with such FOIA request or requests including Costs arising from the Consultant’s failure or alleged failure to timely furnish such documentation and/or arising from the Consultant’s failure or alleged failure otherwise to comply with the FOIA, whether or not associated with the Consultant’s and/or the Municipality’s defense of any litigation associated therewith. In addition, if the Consultant requests the Municipality to deny the FOIA request or any portion thereof by utilizing one or more of the lawful exemptions provided for in the FOIA, the Consultant shall pay all Costs in connection therewith. As used herein, “in the Consultant’s possession” includes documents in the possession of any of the Consultant’s officers, agents, employees and/or independent contractors; and “Costs” includes but is not limited to attorneys’ fees, witness fees, filing fees and any and all other expenses — whether incurred by the Municipality or the Consultant.

Freedom of Information Act Requests. Within four (4) business days after the Municipality’s Notice to the Consultant of the Municipality’s receipt of a request made pursuant to the Illinois Freedom of Information Act (ILCS 140/1 et seq. – herein “FOIA”), the Consultant shall furnish all requested records in the Consultant’s possession which are in any manner related to this Contract or the Consultant’s performance of the Services, including but not limited to any documentation related to the Municipality and associated therewith. The Consultant shall not apply any costs or charge any fees to the Municipality or any other person, firm or corporation for its procurement and retrieval of such records in the Consultant’s possession which are sought to be copied or reviewed in accordance with such FOIA request or requests. The Consultant shall defend, indemnify and hold harmless the Municipality including its several departments and including its officers and employees and shall pay all of the Consultant’s Costs associated with such FOIA request or requests including Costs arising from the Consultant’s failure or alleged failure to timely furnish such documentation and/or arising from the Consultant’s failure or alleged failure otherwise to comply with the FOIA, whether or not associated with the Consultant’s and/or the Municipality’s defense of any litigation associated therewith. In addition, if the Consultant requests the Municipality to deny the FOIA request or any portion thereof by utilizing one or more of the lawful exemptions provided for in the FOIA, the Consultant shall pay all Costs in connection therewith. As used herein, “in the Consultant’s possession” includes documents in the possession of any of the Consultant’s officers, agents, employees and/or independent contractors; and “Costs” includes but is not limited to attorneys’ fees, witness fees, filing fees and any and all other expenses — whether incurred by the Municipality or the Consultant.