Common use of Right of Access to Information Clause in Contracts

Right of Access to Information. 9.1 This clause 9 applies only where the Subcontractor is to provide services to the public on behalf of UNSW under the Agreement. 9.2 If this clause applies: (a) the Subcontractor must, within 7 days of receiving a written request by UNSW, provide UNSW with immediate access to the following information contained in records held by the Subcontractor: (i) information that relates directly to the performance of the Services provided to UNSW by the Subcontractor pursuant to the Agreement; (ii) information collected by the Subcontractor from members of the public to whom it provides, or offers to provide, the services pursuant to the Agreement; and (iii) information received by the Subcontractor from UNSW to enable it to provide the Services pursuant to the Agreement. 9.3 For the purposes of sub-clause 9.2(a), information does not include: (a) information that discloses or would tend to disclose the Subcontractor’s financing arrangements, financial modelling, cost structure or profit margin; (b) information that the Subcontractor is prohibited from disclosing to UNSW by provision made by or under any Act, whether of any State or Territory, or of the Commonwealth; or (c) information that, if disclosed to UNSW, could reasonably be expected to place the Subcontractor at a substantial commercial disadvantage in relation to UNSW, whether at present or in the future. 9.4 The Subcontractor will provide copies of any of the information in sub-clause 9.2(a), as requested by UNSW, at the Subcontractor’s own expense. 9.5 Any failure by the Subcontractor to comply with any request pursuant to sub clause 9.2(a) or 9.4 will be considered a breach of an essential term and will allow UNSW to terminate the Agreement by providing notice in writing of its intention to do so with the termination to take effect 7 days after receipt of the notice. Once the Subcontractor receives the notice, if it fails to remedy the breach within the 7 day period to the satisfaction of UNSW, then the termination will take effect 7 days after receipt of the notice.