Transparency and Freedom of Information. 17.1. The Supplier acknowledges that the Purchaser is subject to the requirements of FOISA and the Environmental Information Regulations. The Supplier shall: a. provide all necessary assistance and cooperation as the Purchaser may reasonably request to enable the Purchaser to comply with its obligations under FOISA and Environmental Information Regulations; b. transfer to the Purchaser all Requests for Information relating to this Agreement that the Supplier receives as soon as practicable and in any event within 2 Working Days of receipt; c. provide the Purchaser with a copy of all information held on behalf of the Purchaser which is requested in a Request For Information and which is in the Supplier’s possession or control. The information must be provided within 5 Working Days (or such other period as the Purchaser may reasonably specify) in the form that the Purchaser requires. d. not respond directly to a Request For Information addressed to the Purchaser unless authorised in writing to do so by the Purchaser. 17.2. If the Request for Information appears to be directed to information held by the Purchaser, the Supplier must promptly inform the applicant in writing that the Request for Information can be directed to the Purchaser. 17.3. If the Purchaser receives a Request for Information concerning the Contract, the Purchaser is responsible for determining at its absolute discretion whether the information requested is to be disclosed to the applicant or whether the information requested is exempt from disclosure in accordance with FOISA or the Environmental Information Regulations. 17.4. The Supplier acknowledges that the Purchaser may, acting in accordance with the Purchaser’s Code of Practice on the Discharge of Functions of Public Authorities issued under section 60(5) of FOISA (as may be issued and revised from time to time), be obliged under FOISA or the Environmental Information Regulations to disclose information requested concerning the Supplier or the Contract: 17.4.1 in certain circumstances without consulting the Supplier, or 17.4.2 following consultation with the Supplier and having taken its views into account. 17.5. Where 17.4.1 applies the Purchaser must take reasonable steps, if practicable, to give the Supplier advance notice of the fact of disclosure or, failing that, draw the fact of disclosure to the attention of the Supplier after such disclosure to the extent that it is permissible and reasonably practical for it to do. 17.6. Where a Request for Information concerns Supplier Sensitive Information specified in Schedule 6 Part 1 (having regard to the justifications and durations set out there), the Purchaser must take reasonable steps, where practicable, to consult with the Supplier before disclosing it pursuant to a Request for Information. 17.7. The Supplier acknowledges that Transparency Reports and the content of this Agreement including any Amendments, agreed from time to time, (together the “Transparency Information”) are not Supplier Sensitive Information. However, if the Purchaser believes that publication of any element of the Transparency Information should be treated as Supplier Sensitive Information the Purchaser may, in its discretion exclude such information from publication. 17.8. Notwithstanding any other provision of this Agreement, the Supplier hereby gives consent for the Purchaser to publish to the general public, the Transparency Information in its entirety. The Purchaser shall, prior to publication, consult with the Supplier on the manner and format of publication and to inform its decision regarding any redactions but shall have the final decision in its absolute discretion. 17.9. The Supplier shall assist and co-operate with the Purchaser to enable the Purchaser to publish the Transparency Information including the preparation of Transparency Reports. 17.10. The Purchaser shall publish the Transparency Information in a format that assists the general public in understanding the relevance and completeness of the information being published to ensure the public obtain a fair view on how the Agreement is being performed, having regard to the context of the wider commercial relationship with the Supplier. 17.11. The Supplier agrees that any further Information it holds that is not included in the Transparency Reports but is reasonably relevant to or that arises from the provision of the Services shall be provided to the Purchaser upon request, unless the cost of doing so would exceed the appropriate limit prescribed under section 12 of FOISA. The Purchaser may disclose such information under FOISA and the EIRs and may (except for Commercially Sensitive Information, Confidential Information (subject to clause 19.3.3)
Appears in 4 contracts
Sources: Framework Agreement, Framework Agreement, Framework Agreement
Transparency and Freedom of Information. 17.1. 27.3.1 The Supplier acknowledges that Parties acknowledge that
(a) the Purchaser is subject to Transparency Reports; and
(b) the requirements content of FOISA and the Environmental Information Regulations. The Supplier shall:
a. provide all necessary assistance and cooperation as the Purchaser may reasonably request to enable the Purchaser to comply with its obligations under FOISA and Environmental Information Regulations;
b. transfer to the Purchaser all Requests for Information relating this Dynamic Purchasing System Agreement, including any changes to this Dynamic Purchasing System Agreement that the Supplier receives as soon as practicable and in agreed from time to time, except for –
(i) any event within 2 Working Days of receipt;
c. provide the Purchaser with a copy of all information held on behalf of the Purchaser which is requested in a Request For Information and which is in the Supplier’s possession or control. The information must be provided within 5 Working Days (or such other period as the Purchaser may reasonably specify) in the form that the Purchaser requires.
d. not respond directly to a Request For Information addressed to the Purchaser unless authorised in writing to do so by the Purchaser.
17.2. If the Request for Information appears to be directed to information held by the Purchaser, the Supplier must promptly inform the applicant in writing that the Request for Information can be directed to the Purchaser.
17.3. If the Purchaser receives a Request for Information concerning the Contract, the Purchaser is responsible for determining at its absolute discretion whether the information requested is to be disclosed to the applicant or whether the information requested is exempt from disclosure in accordance with FOISA or the Environmental Information Regulations.
17.4. The Supplier acknowledges that the Purchaser may, acting in accordance with the Purchaser’s Code of Practice on the Discharge of Functions of Public Authorities issued under section 60(5) of FOISA (as may be issued and revised from time to time), be obliged under FOISA or the Environmental Information Regulations to disclose information requested concerning the Supplier or the Contract:
17.4.1 in certain circumstances without consulting the Supplier, or
17.4.2 following consultation with the Supplier and having taken its views into account.
17.5. Where 17.4.1 applies the Purchaser must take reasonable steps, if practicable, to give the Supplier advance notice provisions of the fact of disclosure orFOIA, failing that, draw which shall be determined by the fact of disclosure to the attention of the Supplier after such disclosure to the extent that it is permissible and reasonably practical for it to do.Authority; and
17.6. Where a Request for Information concerns Supplier (ii) Commercially Sensitive Information specified in Schedule 6 Part 1 (having regard to the justifications and durations set out there), the Purchaser must take reasonable steps, where practicable, to consult with the Supplier before disclosing it pursuant to a Request for Information.
17.7. The Supplier acknowledges that Transparency Reports and the content of this Agreement including any Amendments, agreed from time to time, ; (together the “Transparency Information”) are not Supplier Sensitive Confidential Information. However, if the Purchaser believes that publication of any element of the Transparency Information should be treated as Supplier Sensitive Information the Purchaser may, in its discretion exclude such information from publication.
17.8. 27.3.2 Notwithstanding any other provision of this Dynamic Purchasing System Agreement, the Supplier hereby gives its consent for the Purchaser Authority to publish to the general public, public the Transparency Information in its entiretyentirety (but with any information which is exempt from disclosure in accordance with the provisions of the FOIA redacted). The Purchaser Authority shall, prior to publication, consult with the Supplier on the manner and format of publication and to inform its decision regarding any redactions but shall have the final decision in its absolute discretion.
17.9. 27.3.3 The Supplier shall assist and co-operate with the Purchaser Authority to enable the Purchaser Authority to publish the Transparency Information Information, including the preparation of the Transparency Reports in accordance with Schedule 21 (Transparency Reports).
17.1027.3.4 If the Authority believes that publication of any element of the Transparency Information would be contrary to the public interest, the Authority shall be entitled to exclude such information from publication. The Purchaser Authority acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information in its entirety. Accordingly, the Authority acknowledges that it will only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information from publication it will provide a clear explanation to the Supplier.
27.3.5 The Authority shall publish the Transparency Information in a format that assists the general public in understanding the relevance and completeness of the information being published to ensure the public obtain a fair view on how the Dynamic Purchasing System Agreement is being performed, having regard to the context of the wider commercial relationship with the Supplier.
17.11. 27.3.6 The Supplier agrees that any further Information it holds that is not included in the Transparency Reports but is reasonably relevant to or that arises from the provision of the Services shall be provided to the Purchaser upon request, Authority on request unless the cost of doing so would exceed the appropriate limit prescribed under section 12 of FOISAthe FOIA. The Purchaser Authority may disclose such information under FOISA the FOIA and the EIRs and may (except for Commercially Sensitive Information, Confidential Information (subject to clause 19.3.3Clause 27.2.7(c)) and Open Book Data) publish such Information. The Supplier shall provide to the Authority within 5 working days (or such other period as the Authority may reasonably specify) any such Information requested by the Authority.
27.3.7 The Supplier acknowledges that the Authority is subject to the requirements of the FOIA and the EIRs. The Supplier shall:
(a) provide all necessary assistance and cooperation as reasonably requested by the Authority to enable the Authority to comply with its Information disclosure obligations under the FOIA and EIRs;
(b) transfer to the Authority all Requests for Information relating to this Dynamic Purchasing System Agreement that it receives as soon as practicable and in any event within two (2) Working Days of receipt;
(c) provide the Authority with a copy of all Information held on behalf of the Authority requested in the Request for Information which is in the Supplier’s possession or control in the form that the Authority requires within five
Appears in 4 contracts
Sources: Dynamic Purchasing System Agreement, Dynamic Purchasing System Agreement, Dynamic Purchasing System Agreement
Transparency and Freedom of Information. 17.1. The Supplier 6.1 Each Finance Party acknowledges that the Purchaser is subject content of the Facility Agreement, including any changes to the requirements of FOISA and the Environmental Information Regulations. The Supplier shall:
a. provide all necessary assistance and cooperation as the Purchaser may reasonably request Facility Agreement agreed from time to enable the Purchaser to comply with its obligations under FOISA and Environmental Information Regulations;
b. transfer to the Purchaser all Requests time except for Information relating to this Agreement that the Supplier receives as soon as practicable and in any event within 2 Working Days of receipt;
c. provide the Purchaser with a copy of all information held on behalf of the Purchaser which is requested in a Request For Information and which is in the Supplier’s possession or control. The information must be provided within 5 Working Days (or such other period as the Purchaser may reasonably specify) in the form that the Purchaser requires.
d. not respond directly to a Request For Information addressed to the Purchaser unless authorised in writing to do so by the Purchaser.
17.2. If the Request for Information appears to be directed to information held by the Purchaser, the Supplier must promptly inform the applicant in writing that the Request for Information can be directed to the Purchaser.
17.3. If the Purchaser receives a Request for Information concerning the Contract, the Purchaser is responsible for determining at its absolute discretion whether the information requested is to be disclosed to the applicant or whether the information requested is exempt from disclosure in accordance with FOISA or the Environmental Information Regulations.
17.4. The Supplier acknowledges that the Purchaser may, acting in accordance with the Purchaser’s Code of Practice on the Discharge of Functions of Public Authorities issued under section 60(5) of FOISA (as may be issued and revised from time to time), be obliged under FOISA or the Environmental Information Regulations to disclose information requested concerning the Supplier or the Contract:
17.4.1 in certain circumstances without consulting the Supplier, or
17.4.2 following consultation with the Supplier and having taken its views into account.
17.5. Where 17.4.1 applies the Purchaser must take reasonable steps, if practicable, to give the Supplier advance notice provisions of the fact of disclosure or, failing that, draw FOIA which shall be determined by the fact of disclosure to the attention of the Supplier after such disclosure to the extent that it is permissible and reasonably practical for it to do.
17.6. Where a Request for Information concerns Supplier Sensitive Information specified in Schedule 6 Part 1 (having regard to the justifications and durations set out there), the Purchaser must take reasonable steps, where practicable, to consult with the Supplier before disclosing it pursuant to a Request for Information.
17.7. The Supplier acknowledges that Transparency Reports and the content of this Agreement including any Amendments, agreed from time to time, Authority (together the “Transparency Information”) are not Supplier Sensitive Information. However, if the Purchaser believes that publication of any element Confidential Information of the Transparency Authority but not Confidential Information should be treated as Supplier Sensitive Information the Purchaser may, in its discretion exclude such information from publicationof Finance Parties.
17.8. 6.2 Notwithstanding any other provision of this the Facility Agreement, the Supplier each Finance Party hereby gives its consent for the Purchaser Authority to publish to the general public, public the Transparency Information in part or in its entiretyentirety (but with any information which is exempt from disclosure in accordance with the provisions of the FOIA redacted). The Purchaser Authority shall, prior to publication, consult with the Supplier Finance Parties on the manner and format of publication and to inform its decision regarding any redactions but shall have the final decision in its absolute discretion.
17.9. 6.3 The Supplier Finance Parties shall assist and co-operate with the Purchaser to enable the Purchaser Authority to publish part or all of the Transparency Information.
6.4 The Authority may, at its discretion, exclude part or all of the Transparency Information including the preparation of Transparency Reportsfrom publication.
17.10. 6.5 The Purchaser Authority shall publish the Transparency Information in a format that assists the general public in understanding the relevance and completeness of the information being published to ensure the public obtain a fair view on how the Facility Agreement is being performed, having regard to the context of the wider commercial relationship with the SupplierFinance Parties.
17.11. 6.6 The Supplier Finance Parties agrees that any further Information it holds that is not included in the Transparency Reports Information but is reasonably relevant to or that arises from the provision of the Services term loan credit facility to the Borrower shall be provided to the Purchaser upon request, Authority on request from Borrower unless the cost of doing so would exceed the appropriate limit prescribed under pursuant to section 12 of FOISAthe FOIA. The Purchaser Authority may disclose such information under FOISA pursuant to the FOIA and the EIRs and may (except for Commercially Sensitive Information, Confidential or publish such Information (subject to clause 19.3.3)Section 5.1 (
Appears in 3 contracts
Sources: Facility Agreement (Bristow Group Inc.), Facility Agreement (Bristow Group Inc.), Facility Agreement (Bristow Group Inc.)
Transparency and Freedom of Information. 17.1. The Supplier acknowledges that Parties acknowledge that
(a) the Purchaser is subject to Transparency Reports; and
(b) the requirements content of FOISA and the Environmental Information Regulations. The Supplier shall:
a. provide all necessary assistance and cooperation as the Purchaser may reasonably request to enable the Purchaser to comply with its obligations under FOISA and Environmental Information Regulations;
b. transfer to the Purchaser all Requests for Information relating this Dynamic Marketplace Agreement, including any changes to this Dynamic Marketplace Agreement that the Supplier receives as soon as practicable and in agreed from time to time, except for –
(i) any event within 2 Working Days of receipt;
c. provide the Purchaser with a copy of all information held on behalf of the Purchaser which is requested in a Request For Information and which is in the Supplier’s possession or control. The information must be provided within 5 Working Days (or such other period as the Purchaser may reasonably specify) in the form that the Purchaser requires.
d. not respond directly to a Request For Information addressed to the Purchaser unless authorised in writing to do so by the Purchaser.
17.2. If the Request for Information appears to be directed to information held by the Purchaser, the Supplier must promptly inform the applicant in writing that the Request for Information can be directed to the Purchaser.
17.3. If the Purchaser receives a Request for Information concerning the Contract, the Purchaser is responsible for determining at its absolute discretion whether the information requested is to be disclosed to the applicant or whether the information requested is exempt from disclosure in accordance with FOISA or the Environmental Information Regulations.
17.4. The Supplier acknowledges that the Purchaser may, acting in accordance with the Purchaser’s Code of Practice on the Discharge of Functions of Public Authorities issued under section 60(5) of FOISA (as may be issued and revised from time to time), be obliged under FOISA or the Environmental Information Regulations to disclose information requested concerning the Supplier or the Contract:
17.4.1 in certain circumstances without consulting the Supplier, or
17.4.2 following consultation with the Supplier and having taken its views into account.
17.5. Where 17.4.1 applies the Purchaser must take reasonable steps, if practicable, to give the Supplier advance notice provisions of the fact of disclosure orFOIA, failing that, draw which shall be determined by the fact of disclosure to the attention of the Supplier after such disclosure to the extent that it is permissible and reasonably practical for it to do.
17.6. Where a Request for Information concerns Supplier Sensitive Information specified in Schedule 6 Part 1 (having regard to the justifications and durations set out there), the Purchaser must take reasonable steps, where practicable, to consult with the Supplier before disclosing it pursuant to a Request for Information.
17.7. The Supplier acknowledges that Transparency Reports and the content of this Agreement including any Amendments, agreed from time to time, Authority; (together the “Transparency Information”) are not Supplier Sensitive Confidential Information. However, if the Purchaser believes that publication of any element of the Transparency Information should be treated as Supplier Sensitive Information the Purchaser may, in its discretion exclude such information from publication.
17.8. Notwithstanding any other provision of this Dynamic Marketplace Agreement, the Supplier hereby gives its consent for the Purchaser Authority to publish to the general public, public the Transparency Information in its entiretyentirety (but with any information which is exempt from disclosure in accordance with the provisions of the FOIA redacted). The Purchaser Authority shall, prior to publication, consult with the Supplier on the manner and format of publication and to inform its decision regarding any redactions but shall have the final decision in its absolute discretion.
17.9. The Supplier shall assist and co-operate with the Purchaser Authority to enable the Purchaser Authority to publish the Transparency Information Information, including the preparation of the Transparency Reports in accordance with DMP Schedule 21 (Transparency Reports.
17.10). If the Authority believes that publication of any element of the Transparency Information would be contrary to the public interest, the Authority shall be entitled to exclude such information from publication. The Purchaser Authority acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information in its entirety. Accordingly, the Authority acknowledges that it will only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information from publication it will provide a clear explanation to the Supplier. The Authority shall publish the Transparency Information in a format that assists the general public in understanding the relevance and completeness of the information being published to ensure the public obtain a fair view on how the Dynamic Marketplace Agreement is being performed, having regard to the context of the wider commercial relationship with the Supplier.
17.11. The Supplier agrees that any further Information it holds that is not included in the Transparency Reports but is reasonably relevant to or that arises from the provision of the Services shall be provided to the Purchaser upon request, Authority on request unless the cost of doing so would exceed the appropriate limit prescribed under section 12 of FOISAthe FOIA. The Purchaser Authority may disclose such information under FOISA the FOIA and the EIRs and may and Open Book Data) publish such Information. The Supplier shall provide to the Authority within 5 working days (except or such other period as the Authority may reasonably specify) any such Information requested by the Authority. The Supplier acknowledges that the Authority is subject to the requirements of the FOIA and the EIRs. The Supplier shall:
(a) provide all necessary assistance and cooperation as reasonably requested by the Authority to enable the Authority to comply with its Information disclosure obligations under the FOIA and EIRs;
(b) transfer to the Authority all Requests for Commercially Sensitive Information relating to this Dynamic Marketplace Agreement that it receives as soon as practicable and in any event within two (2) Working Days of receipt;
(c) provide the Authority with a copy of all Information held on behalf of the Authority requested in the Request for Information which is in the Supplier’s possession or control in the form that the Authority requires within five (5) Working Days (or such other period as the Authority may reasonably specify) of the Authority's request for such Information, Confidential ; and
(d) not respond directly to a Request for Information addressed to the Authority unless authorised in writing to do so by the Authority. The Supplier acknowledges that the Authority may be required under the FOIA and EIRs to disclose Information without consulting or obtaining consent from the Supplier. The Authority shall take reasonable steps to notify the Supplier of a Request for Information (subject in accordance with the Secretary of State’s Section 45 Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the FOIA) to clause 19.3.3)the extent that it is permissible and reasonably practical for it to do so but (notwithstanding any other provision in this Dynamic Marketplace Agreement) for the purpose of this Dynamic Marketplace Agreement, the Authority shall be responsible for determining in its absolute discretion whether any information is exempt from disclosure in accordance with the FOIA and EIRs.
Appears in 2 contracts
Sources: Dynamic Marketplace Agreement for the Provision of Apprenticeship Training and Related Services, Dynamic Marketplace Agreement for the Provision of Apprenticeship Training and Related Services
Transparency and Freedom of Information. 17.1. 27.3.1 The Supplier acknowledges that Parties acknowledge that
(a) the Purchaser is subject to Transparency Reports; and
(b) the requirements content of FOISA and the Environmental Information Regulations. The Supplier shall:
a. provide all necessary assistance and cooperation as the Purchaser may reasonably request to enable the Purchaser to comply with its obligations under FOISA and Environmental Information Regulations;
b. transfer to the Purchaser all Requests for Information relating this Dynamic Purchasing System Agreement, including any changes to this Dynamic Purchasing System Agreement that the Supplier receives as soon as practicable and in agreed from time to time, except for –
(i) any event within 2 Working Days of receipt;
c. provide the Purchaser with a copy of all information held on behalf of the Purchaser which is requested in a Request For Information and which is in the Supplier’s possession or control. The information must be provided within 5 Working Days (or such other period as the Purchaser may reasonably specify) in the form that the Purchaser requires.
d. not respond directly to a Request For Information addressed to the Purchaser unless authorised in writing to do so by the Purchaser.
17.2. If the Request for Information appears to be directed to information held by the Purchaser, the Supplier must promptly inform the applicant in writing that the Request for Information can be directed to the Purchaser.
17.3. If the Purchaser receives a Request for Information concerning the Contract, the Purchaser is responsible for determining at its absolute discretion whether the information requested is to be disclosed to the applicant or whether the information requested is exempt from disclosure in accordance with FOISA or the Environmental Information Regulations.
17.4. The Supplier acknowledges that the Purchaser may, acting in accordance with the Purchaser’s Code of Practice on the Discharge of Functions of Public Authorities issued under section 60(5) of FOISA (as may be issued and revised from time to time), be obliged under FOISA or the Environmental Information Regulations to disclose information requested concerning the Supplier or the Contract:
17.4.1 in certain circumstances without consulting the Supplier, or
17.4.2 following consultation with the Supplier and having taken its views into account.
17.5. Where 17.4.1 applies the Purchaser must take reasonable steps, if practicable, to give the Supplier advance notice provisions of the fact of disclosure orFOIA, failing that, draw which shall be determined by the fact of disclosure to the attention of the Supplier after such disclosure to the extent that it is permissible and reasonably practical for it to do.
17.6. Where a Request for Information concerns Supplier Sensitive Information specified in Schedule 6 Part 1 (having regard to the justifications and durations set out there), the Purchaser must take reasonable steps, where practicable, to consult with the Supplier before disclosing it pursuant to a Request for Information.
17.7. The Supplier acknowledges that Transparency Reports and the content of this Agreement including any Amendments, agreed from time to time, Authority; (together the “Transparency Information”) are not Supplier Sensitive Confidential Information. However, if the Purchaser believes that publication of any element of the Transparency Information should be treated as Supplier Sensitive Information the Purchaser may, in its discretion exclude such information from publication.
17.8. 27.3.2 Notwithstanding any other provision of this Dynamic Purchasing System Agreement, the Supplier hereby gives its consent for the Purchaser Authority to publish to the general public, public the Transparency Information in its entiretyentirety (but with any information which is exempt from disclosure in accordance with the provisions of the FOIA redacted). The Purchaser Authority shall, prior to publication, consult with the Supplier on the manner and format of publication and to inform its decision regarding any redactions but shall have the final decision in its absolute discretion.
17.9. 27.3.3 The Supplier shall assist and co-operate with the Purchaser Authority to enable the Purchaser Authority to publish the Transparency Information Information, including the preparation of the Transparency Reports in accordance with Schedule 22 (Transparency Reports).
17.1027.3.4 If the Authority believes that publication of any element of the Transparency Information would be contrary to the public interest, the Authority shall be entitled to exclude such information from publication. The Purchaser shall publish Authority acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information in its entirety. Accordingly, the Authority acknowledges that it will only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information from publication it will provide a format that assists the general public in understanding the relevance and completeness of the information being published clear explanation to ensure the public obtain a fair view on how the Agreement is being performed, having regard to the context of the wider commercial relationship with the Supplier.
17.11. The Supplier agrees that any further Information it holds that is not included in the Transparency Reports but is reasonably relevant to or that arises from the provision of the Services shall be provided to the Purchaser upon request, unless the cost of doing so would exceed the appropriate limit prescribed under section 12 of FOISA. The Purchaser may disclose such information under FOISA and the EIRs and may (except for Commercially Sensitive Information, Confidential Information (subject to clause 19.3.3)
Appears in 1 contract
Sources: Dynamic Purchasing System Agreement
Transparency and Freedom of Information. 17.1. The Supplier 6.1 Each Finance Party acknowledges that the Purchaser is subject content of the Facility Agreement, including any changes to the requirements of FOISA and the Environmental Information Regulations. The Supplier shall:
a. provide all necessary assistance and cooperation as the Purchaser may reasonably request Facility Agreement agreed from time to enable the Purchaser to comply with its obligations under FOISA and Environmental Information Regulations;
b. transfer to the Purchaser all Requests time except for Information relating to this Agreement that the Supplier receives as soon as practicable and in any event within 2 Working Days of receipt;
c. provide the Purchaser with a copy of all information held on behalf of the Purchaser which is requested in a Request For Information and which is in the Supplier’s possession or control. The information must be provided within 5 Working Days (or such other period as the Purchaser may reasonably specify) in the form that the Purchaser requires.
d. not respond directly to a Request For Information addressed to the Purchaser unless authorised in writing to do so by the Purchaser.
17.2. If the Request for Information appears to be directed to information held by the Purchaser, the Supplier must promptly inform the applicant in writing that the Request for Information can be directed to the Purchaser.
17.3. If the Purchaser receives a Request for Information concerning the Contract, the Purchaser is responsible for determining at its absolute discretion whether the information requested is to be disclosed to the applicant or whether the information requested is exempt from disclosure in accordance with FOISA or the Environmental Information Regulations.
17.4. The Supplier acknowledges that the Purchaser may, acting in accordance with the Purchaser’s Code of Practice on the Discharge of Functions of Public Authorities issued under section 60(5) of FOISA (as may be issued and revised from time to time), be obliged under FOISA or the Environmental Information Regulations to disclose information requested concerning the Supplier or the Contract:
17.4.1 in certain circumstances without consulting the Supplier, or
17.4.2 following consultation with the Supplier and having taken its views into account.
17.5. Where 17.4.1 applies the Purchaser must take reasonable steps, if practicable, to give the Supplier advance notice provisions of the fact of disclosure or, failing that, draw FOIA which shall be determined by the fact of disclosure to the attention of the Supplier after such disclosure to the extent that it is permissible and reasonably practical for it to do.
17.6. Where a Request for Information concerns Supplier Sensitive Information specified in Schedule 6 Part 1 (having regard to the justifications and durations set out there), the Purchaser must take reasonable steps, where practicable, to consult with the Supplier before disclosing it pursuant to a Request for Information.
17.7. The Supplier acknowledges that Transparency Reports and the content of this Agreement including any Amendments, agreed from time to time, Authority (together the “Transparency Information”) are not Supplier Sensitive Information. However, if the Purchaser believes that publication of any element Confidential Information of the Transparency Authority but not Confidential Information should be treated as Supplier Sensitive Information the Purchaser may, in its discretion exclude such information from publicationof Finance Parties.
17.8. 6.2 Notwithstanding any other provision of this the Facility Agreement, the Supplier each Finance Party hereby gives its consent for the Purchaser Authority to publish to the general public, public the Transparency Information in part or in its entiretyentirety (but with any information which is exempt from disclosure in accordance with the provisions of the FOIA redacted). The Purchaser Authority shall, prior to publication, consult with the Supplier Finance Parties on the manner and format of publication and to inform its decision regarding any redactions but shall have the final decision in its absolute discretion.
17.9. 6.3 The Supplier Finance Parties shall assist and co-operate with the Purchaser to enable the Purchaser Authority to publish part or all of the Transparency Information.
6.4 The Authority may, at its discretion, exclude part or all of the Transparency Information including the preparation of Transparency Reportsfrom publication.
17.10. 6.5 The Purchaser Authority shall publish the Transparency Information in a format that assists the general public in understanding the relevance and completeness of the information being published to ensure the public obtain a fair view on how the Facility Agreement is being performed, having regard to the context of the wider commercial relationship with the SupplierFinance Parties.
17.11. 6.6 The Supplier Finance Parties agrees that any further Information it holds that is not included in the Transparency Reports Information but is reasonably relevant to or that arises from the provision of the Services term loan credit facility to BHL shall be provided to the Purchaser upon request, Authority on request from BHL unless the cost of doing so would exceed the appropriate limit prescribed under pursuant to section 12 of FOISAthe FOIA. The Purchaser Authority may disclose such information under FOISA pursuant to the FOIA and the EIRs and may (except for Commercially Sensitive Information, Confidential or publish such Information (subject to clause 19.3.3)Section 5.1 (
Appears in 1 contract
Transparency and Freedom of Information. 17.1. 6.1 The Supplier acknowledges that the Purchaser is subject to the requirements of FOISA and the Environmental Information Regulations. The Supplier shall:
a. provide all necessary assistance and cooperation as the Purchaser may reasonably request to enable the Purchaser to comply with its obligations under FOISA and Environmental Information Regulations;
b. transfer to the Purchaser all Requests Parties acknowledge that, except for Information relating to this Agreement that the Supplier receives as soon as practicable and in any event within 2 Working Days of receipt;
c. provide the Purchaser with a copy of all information held on behalf of the Purchaser which is requested in a Request For Information and which is in the Supplier’s possession or control. The information must be provided within 5 Working Days (or such other period as the Purchaser may reasonably specify) in the form that the Purchaser requires.
d. not respond directly to a Request For Information addressed to the Purchaser unless authorised in writing to do so by the Purchaser.
17.2. If the Request for Information appears to be directed to information held by the Purchaser, the Supplier must promptly inform the applicant in writing that the Request for Information can be directed to the Purchaser.
17.3. If the Purchaser receives a Request for Information concerning the Contract, the Purchaser is responsible for determining at its absolute discretion whether the information requested is to be disclosed to the applicant or whether the information requested is exempt from disclosure in accordance with FOISA or the Environmental Information Regulations.
17.4. The Supplier acknowledges that the Purchaser may, acting in accordance with the Purchaser’s Code of Practice on the Discharge of Functions of Public Authorities issued under section 60(5) of FOISA (as may be issued and revised from time to time), be obliged under FOISA or the Environmental Information Regulations to disclose information requested concerning the Supplier or the Contract:
17.4.1 in certain circumstances without consulting the Supplier, or
17.4.2 following consultation with the Supplier and having taken its views into account.
17.5. Where 17.4.1 applies the Purchaser must take reasonable steps, if practicable, to give the Supplier advance notice provisions of the fact of disclosure orFOIA, failing thatand which shall be determined by NHS England, draw the fact of disclosure to the attention of the Supplier after such disclosure to the extent that it is permissible and reasonably practical for it to do.
17.6. Where a Request for Information concerns Supplier Sensitive Information specified in Schedule 6 Part 1 (having regard to the justifications and durations set out there), the Purchaser must take reasonable steps, where practicable, to consult with the Supplier before disclosing it pursuant to a Request for Information.
17.7. The Supplier acknowledges that Transparency Reports and the content of this Agreement Agreement, including any Amendments, changes to this Agreement agreed from time to time, time (together the “Transparency Information”) are ), is not Supplier Sensitive Confidential Information. However, if the Purchaser believes that publication of any element of the Transparency Information should be treated as Supplier Sensitive Information the Purchaser may, in its discretion exclude such information from publication.
17.8. 6.2 Notwithstanding any other provision of this Agreement, the Supplier Federated Partner hereby gives its consent for the Purchaser NHS England to (should NHS England deem it appropriate) publish to the general public, public the Transparency Information in its entiretyentirety (but with any information which is exempt from disclosure in accordance with the provisions of the FOIA redacted). The Purchaser NHS England shall, prior to publication, consult with the Supplier Federated Partner on the manner and format of publication and to inform its decision regarding any redactions but shall have the final decision in its absolute discretion.
17.9. 6.3 The Supplier Federated Partner shall assist and co-operate with the Purchaser NHS England to enable the Purchaser NHS England to publish the Transparency Information including the preparation of Transparency ReportsInformation.
17.10. The Purchaser shall publish 6.4 If NHS England believes that publication of any element of the Transparency Information would be contrary to the public interest, NHS England shall be entitled to exclude such information from publication. NHS England acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information in its entirety. Where NHS England elects to publish any Transparency Information, it shall do so in a format that assists the general public in understanding the relevance and completeness of the information being published to ensure the public obtain a fair view on how the this Agreement is being performed, having regard to the context of the wider commercial relationship with the SupplierFederated Partner.
17.11. 6.5 The Supplier Federated Partner agrees that any further Information held by it holds that is not included in the Transparency Reports Information but is reasonably relevant to or that arises from the provision of the Services this Agreement shall be provided to the Purchaser upon request, NHS England on request unless the cost of doing so would exceed the appropriate limit prescribed under section 12 of FOISAthe FOIA. The Purchaser NHS England may disclose such information under FOISA the FOIA and the EIRs and may publish such Information. The Federated Partner shall provide to NHS England within 5 Working Days (except for Commercially Sensitive Information, Confidential or such other period as NHS England may reasonably specify) any such Information (requested by NHS England.
6.6 The Federated Partner acknowledges that NHS England is subject to clause 19.3.3)the requirements of the FOIA and the EIRs. The Federated Partner shall:
6.6.1 provide all necessary assistance and cooperation as reasonably requested by NHS England to enable NHS England to comply with its obligations under the FOIA and EIRs;
6.6.2 transfer to NHS England all Requests for Information relating to this Agreement received by it as soon as practicable and in any event within 2 Working Days of receipt;
Appears in 1 contract
Sources: Federation Partnering Agreement
Transparency and Freedom of Information. 17.1. 17.1 The Supplier acknowledges Parties acknowledge that the Purchaser is subject to the requirements content of FOISA and the Environmental Information Regulations. The Supplier shall:
a. provide all necessary assistance and cooperation as the Purchaser may reasonably request to enable the Purchaser to comply with its obligations under FOISA and Environmental Information Regulations;
b. transfer to the Purchaser all Requests for Information relating this Framework Agreement, including any changes to this Agreement that the Supplier receives as soon as practicable and in agreed from time to time, except for:
17.1.1 any event within 2 Working Days of receipt;
c. provide the Purchaser with a copy of all information held on behalf of the Purchaser which is requested in a Request For Information and which is in the Supplier’s possession or control. The information must be provided within 5 Working Days (or such other period as the Purchaser may reasonably specify) in the form that the Purchaser requires.
d. not respond directly to a Request For Information addressed to the Purchaser unless authorised in writing to do so by the Purchaser.
17.2. If the Request for Information appears to be directed to information held by the Purchaser, the Supplier must promptly inform the applicant in writing that the Request for Information can be directed to the Purchaser.
17.3. If the Purchaser receives a Request for Information concerning the Contract, the Purchaser is responsible for determining at its absolute discretion whether the information requested is to be disclosed to the applicant or whether the information requested is exempt from disclosure in accordance with FOISA or the Environmental Information Regulations.
17.4. The Supplier acknowledges that the Purchaser may, acting in accordance with the Purchaser’s Code of Practice on the Discharge of Functions of Public Authorities issued under section 60(5) of FOISA (as may be issued and revised from time to time), be obliged under FOISA or the Environmental Information Regulations to disclose information requested concerning the Supplier or the Contract:
17.4.1 in certain circumstances without consulting the Supplier, or
17.4.2 following consultation with the Supplier and having taken its views into account.
17.5. Where 17.4.1 applies the Purchaser must take reasonable steps, if practicable, to give the Supplier advance notice provisions of the fact of disclosure orFOIA, failing that, draw which shall be determined by the fact of disclosure to the attention of the Supplier after such disclosure to the extent that it is permissible and reasonably practical for it to do.Authority; and
17.6. Where a Request for Information concerns Supplier 17.1.2 Commercially Sensitive Information specified in Schedule 6 Part 1 (having regard to the justifications and durations set out there), the Purchaser must take reasonable steps, where practicable, to consult with the Supplier before disclosing it pursuant to a Request for Information.
17.7. The Supplier acknowledges that Transparency Reports and the content of this Agreement including any Amendments, agreed from time to time, (together ; shall be the “Transparency Information”) are ” and shall not Supplier Sensitive Information. However, if the Purchaser believes that publication of any element of the Transparency Information should be treated as Supplier Sensitive Information the Purchaser may, in its discretion exclude such information from publicationConfidential Information.
17.8. 17.2 Notwithstanding any other provision of this Framework Agreement, the Supplier hereby gives its consent for the Purchaser Authority to publish to the general public, public the Transparency Information in its entiretyentirety (but with any information which is exempt from disclosure in accordance with the provisions of the FOIA redacted). The Purchaser Authority shall, prior to publication, consult with the Supplier on the manner and format of publication and to inform its decision regarding any redactions but shall have the final decision in its absolute discretion.
17.9. 17.3 The Supplier shall assist and co-operate with the Purchaser Authority to enable the Purchaser Authority to publish the Transparency Information including the preparation of Transparency ReportsInformation.
17.1017.4 If the Authority believes that publication of any element of the Transparency Information would be contrary to the public interest, the Authority shall be entitled to exclude such information from publication. The Purchaser Authority acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information in its entirety. Accordingly, the Authority acknowledges that it will only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information from publication it will provide a clear explanation to the Supplier.
17.5 The Authority shall publish the Transparency Information in a format that assists the general public in understanding the relevance and completeness of the information being published to ensure the public obtain a fair view on how the Framework Agreement is being performed, having regard to the context of the wider commercial relationship with the Supplier.
17.11. 17.6 The Supplier agrees that any further Information it holds that is not included in the Transparency Reports Information but is reasonably relevant to or that arises from the provision of the Supplier's obligations under this Framework Agreement or the Services shall be provided to the Purchaser upon request, Authority on request unless the cost of doing so would exceed the appropriate limit prescribed under section 12 of FOISAthe FOIA. The Purchaser Authority may disclose such information under FOISA the FOIA and the EIRs and may (except for Commercially Sensitive Information, Information and Confidential Information (subject always to the Authority’s over-riding rights of disclosure of Supplier’s Confidential Information as set out at clause 19.3.3)16.
Appears in 1 contract
Sources: Framework Agreement
Transparency and Freedom of Information. 17.12.1. The Supplier acknowledges that the Purchaser is subject to the requirements of FOISA and the Environmental Information Regulations. The Supplier shall:
a. provide all necessary assistance and cooperation as the Purchaser may reasonably request to enable the Purchaser to comply with its obligations under FOISA and Environmental Information Regulations;
b. transfer to the Purchaser all Requests parties acknowledge that, except for Information relating to this Agreement that the Supplier receives as soon as practicable and in any event within 2 Working Days of receipt;
c. provide the Purchaser with a copy of all information held on behalf of the Purchaser which is requested in a Request For Information and which is in the Supplier’s possession or control. The information must be provided within 5 Working Days (or such other period as the Purchaser may reasonably specify) in the form that the Purchaser requires.
d. not respond directly to a Request For Information addressed to the Purchaser unless authorised in writing to do so by the Purchaser.
17.2. If the Request for Information appears to be directed to information held by the Purchaser, the Supplier must promptly inform the applicant in writing that the Request for Information can be directed to the Purchaser.
17.3. If the Purchaser receives a Request for Information concerning the Contract, the Purchaser is responsible for determining at its absolute discretion whether the information requested is to be disclosed to the applicant or whether the information requested is exempt from disclosure in accordance with FOISA or the Environmental Information Regulations.
17.4. The Supplier acknowledges that the Purchaser mayprovisions of FOIA, acting in accordance with the Purchaser’s Code of Practice on the Discharge of Functions of Public Authorities issued under section 60(5) of FOISA (as may and which shall be issued and revised from time to time), be obliged under FOISA or the Environmental Information Regulations to disclose information requested concerning the Supplier or the Contract:
17.4.1 in certain circumstances without consulting the Supplier, or
17.4.2 following consultation with the Supplier and having taken its views into account.
17.5. Where 17.4.1 applies the Purchaser must take reasonable steps, if practicable, to give the Supplier advance notice of the fact of disclosure or, failing that, draw the fact of disclosure to the attention of the Supplier after such disclosure to the extent that it is permissible and reasonably practical for it to do.
17.6. Where a Request for Information concerns Supplier Sensitive Information specified in Schedule 6 Part 1 (having regard to the justifications and durations set out there)determined by Customer, the Purchaser must take reasonable steps, where practicable, to consult with the Supplier before disclosing it pursuant to a Request for Information.
17.7. The Supplier acknowledges that Transparency Reports total pricing and the content of this Agreement the Agreement, including any Amendments, changes to the Agreement agreed from time to time, time (together the “Transparency Information”) are is not Supplier Sensitive Information. However, if the Purchaser believes that publication of any element of the Transparency Information should be treated as Supplier Sensitive Information the Purchaser may, in its discretion exclude such information from publicationconfidential information.
17.82.2. Notwithstanding any other provision of this the Agreement, the Supplier Monotype hereby gives its consent for the Purchaser Customer to publish to the general public, public the Transparency Information in its entiretyentirety (but with any information which is exempt from disclosure in accordance with the provisions of the FOIA, redacted) ("Transparency Report"). The Purchaser Customer shall, prior to publication, consult with the Supplier Monotype on the manner and format of publication and to inform its decision regarding any redactions redactions, but shall have the final decision in its absolute discretion.
17.92.3. The Supplier Monotype shall assist and co-operate with the Purchaser Customer to enable the Purchaser Customer to publish the Transparency Information Information, including the preparation of the Transparency Reports.
17.102.4. The Purchaser If Customer believes that publication of any element of the Transparency Information would be contrary to the public interest, Customer shall be entitled to exclude such information from publication. Customer acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information in its entirety. Accordingly, Customer acknowledges that it will only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information from publication it will provide a clear explanation to Monotype.
2.5. Customer shall publish the Transparency Information in a format that assists the general public in understanding the relevance and completeness of the information being published to ensure the public obtain a fair view on how the Agreement is being performed, having regard to the context of the wider commercial relationship with the SupplierMonotype.
17.112.6. The Supplier Monotype agrees that any further Information information it holds that is not included in the Transparency Reports but is reasonably relevant to or that arises from the provision of the Services goods and services shall be provided to the Purchaser upon request, Customer on request unless the cost of doing so would exceed the appropriate limit prescribed under section 12 of FOISAthe FOIA. The Purchaser Customer may disclose such information under FOISA the FOIA and the EIRs and may publish such information. Monotype shall provide to Customer within 5 working days (except for Commercially Sensitive Information, Confidential Information (subject to clause 19.3.3)or such other period as Customer may reasonably specify) any such information requested by Customer.
Appears in 1 contract
Sources: Frutiger Perpetual Licence
Transparency and Freedom of Information. 17.1. 27.3.1 The Supplier acknowledges that Parties acknowledge that
(a) the Purchaser is subject to Transparency Reports; and
(b) the requirements content of FOISA and the Environmental Information Regulations. The Supplier shall:
a. provide all necessary assistance and cooperation as the Purchaser may reasonably request to enable the Purchaser to comply with its obligations under FOISA and Environmental Information Regulations;
b. transfer to the Purchaser all Requests for Information relating this Dynamic Purchasing System Agreement, including any changes to this Dynamic Purchasing System Agreement that the Supplier receives as soon as practicable and in agreed from time to time, except for –
(i) any event within 2 Working Days of receipt;
c. provide the Purchaser with a copy of all information held on behalf of the Purchaser which is requested in a Request For Information and which is in the Supplier’s possession or control. The information must be provided within 5 Working Days (or such other period as the Purchaser may reasonably specify) in the form that the Purchaser requires.
d. not respond directly to a Request For Information addressed to the Purchaser unless authorised in writing to do so by the Purchaser.
17.2. If the Request for Information appears to be directed to information held by the Purchaser, the Supplier must promptly inform the applicant in writing that the Request for Information can be directed to the Purchaser.
17.3. If the Purchaser receives a Request for Information concerning the Contract, the Purchaser is responsible for determining at its absolute discretion whether the information requested is to be disclosed to the applicant or whether the information requested is exempt from disclosure in accordance with FOISA or the Environmental Information Regulations.
17.4. The Supplier acknowledges that the Purchaser may, acting in accordance with the Purchaser’s Code of Practice on the Discharge of Functions of Public Authorities issued under section 60(5) of FOISA (as may be issued and revised from time to time), be obliged under FOISA or the Environmental Information Regulations to disclose information requested concerning the Supplier or the Contract:
17.4.1 in certain circumstances without consulting the Supplier, or
17.4.2 following consultation with the Supplier and having taken its views into account.
17.5. Where 17.4.1 applies the Purchaser must take reasonable steps, if practicable, to give the Supplier advance notice provisions of the fact of disclosure orFOIA, failing that, draw which shall be determined by the fact of disclosure to the attention of the Supplier after such disclosure to the extent that it is permissible and reasonably practical for it to do.
17.6. Where a Request for Information concerns Supplier Sensitive Information specified in Schedule 6 Part 1 (having regard to the justifications and durations set out there), the Purchaser must take reasonable steps, where practicable, to consult with the Supplier before disclosing it pursuant to a Request for Information.
17.7. The Supplier acknowledges that Transparency Reports and the content of this Agreement including any Amendments, agreed from time to time, Authority; (together the “Transparency Information”) are not Supplier Sensitive Confidential Information. However, if the Purchaser believes that publication of any element of the Transparency Information should be treated as Supplier Sensitive Information the Purchaser may, in its discretion exclude such information from publication.
17.8. 27.3.2 Notwithstanding any other provision of this Dynamic Purchasing System Agreement, the Supplier hereby gives its consent for the Purchaser Authority to publish to the general public, public the Transparency Information in its entiretyentirety (but with any information which is exempt from disclosure in accordance with the provisions of the FOIA redacted). The Purchaser Authority shall, prior to publication, consult with the Supplier on the manner and format of publication and to inform its decision regarding any redactions but shall have the final decision in its absolute discretion.
17.9. 27.3.3 The Supplier shall assist and co-operate with the Purchaser Authority to enable the Purchaser Authority to publish the Transparency Information Information, including the preparation of the Transparency Reports in accordance with Schedule 22 (Transparency Reports).
17.1027.3.4 If the Authority believes that publication of any element of the Transparency Information would be contrary to the public interest, the Authority shall be entitled to exclude such information from publication. The Purchaser Authority acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information in its entirety. Accordingly, the Authority acknowledges that it will only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information from publication it will provide a clear explanation to the Supplier.
27.3.5 The Authority shall publish the Transparency Information in a format that assists the general public in understanding the relevance and completeness of the information being published to ensure the public obtain a fair view on how the Dynamic Purchasing System Agreement is being performed, having regard to the context of the wider commercial relationship with the Supplier.
17.11. 27.3.6 The Supplier agrees that any further Information it holds that is not included in the Transparency Reports but is reasonably relevant to or that arises from the provision of the Services shall be provided to the Purchaser upon request, Authority on request unless the cost of doing so would exceed the appropriate limit prescribed under section 12 of FOISAthe FOIA. The Purchaser Authority may disclose such information under FOISA the FOIA and the EIRs and may (except for Commercially Sensitive Information, Confidential Information (subject to clause 19.3.3Clause 27.2.7(c)) and Open Book Data) publish such Information. The Supplier shall provide to the Authority within 5 working days (or such other period as the Authority may reasonably specify) any such Information requested by the Authority.
27.3.7 The Supplier acknowledges that the Authority is subject to the requirements of the FOIA and the EIRs. The Supplier shall:
(a) provide all necessary assistance and cooperation as reasonably requested by the Authority to enable the Authority to comply with its Information disclosure obligations under the FOIA and EIRs;
(b) transfer to the Authority all Requests for Information relating to this Dynamic Purchasing System Agreement that it receives as soon as practicable and in any event within two (2) Working Days of receipt;
(c) provide the Authority with a copy of all Information held on behalf of the Authority requested in the Request for Information which is in the Supplier’s possession or control in the form that the Authority requires within five (5) Working Days (or such other period as the Authority may reasonably specify) of the Authority's request for such Information; and
(d) not respond directly to a Request for Information addressed to the Authority unless authorised in writing to do so by the Authority.
27.3.8 The Supplier acknowledges that the Authority may be required under the FOIA and EIRs to disclose Information (including Commercially Sensitive Information) without consulting or obtaining consent from the Supplier. The Authority shall take reasonable steps to notify the Supplier of a Request for Information (in accordance with the Secretary of State’s Section 45 Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the FOIA) to the extent that it is permissible and reasonably practical for it to do so but (notwithstanding any other provision in this Dynamic Purchasing System Agreement) for the purpose of this Dynamic Purchasing System Agreement, the Authority shall be responsible for determining in its absolute discretion whether any Commercially Sensitive Information and/or any other information is exempt from disclosure in accordance with the FOIA and EIRs.
Appears in 1 contract
Sources: Dynamic Purchasing System Agreement
Transparency and Freedom of Information. 17.1. 22.1 The Supplier acknowledges that Parties acknowledge that
(a) the Purchaser is subject to the requirements of FOISA and the Environmental Information Regulations. The Supplier shall:
a. provide all necessary assistance and cooperation as the Purchaser may reasonably request to enable the Purchaser to comply with its obligations under FOISA and Environmental Information RegulationsTransparency Reports;
b. transfer to (b) the Purchaser all Requests for Information relating content of this Contract, including any changes to this Agreement that the Supplier receives as soon as practicable and in Contract agreed from time to time, except for –
(i) any event within 2 Working Days of receipt;
c. provide the Purchaser with a copy of all information held on behalf of the Purchaser which is requested in a Request For Information and which is in the Supplier’s possession or control. The information must be provided within 5 Working Days (or such other period as the Purchaser may reasonably specify) in the form that the Purchaser requires.
d. not respond directly to a Request For Information addressed to the Purchaser unless authorised in writing to do so by the Purchaser.
17.2. If the Request for Information appears to be directed to information held by the Purchaser, the Supplier must promptly inform the applicant in writing that the Request for Information can be directed to the Purchaser.
17.3. If the Purchaser receives a Request for Information concerning the Contract, the Purchaser is responsible for determining at its absolute discretion whether the information requested is to be disclosed to the applicant or whether the information requested is exempt from disclosure in accordance with FOISA or the Environmental Information Regulations.
17.4. The Supplier acknowledges that the Purchaser may, acting in accordance with the Purchaser’s Code of Practice on the Discharge of Functions of Public Authorities issued under section 60(5) of FOISA (as may be issued and revised from time to time), be obliged under FOISA or the Environmental Information Regulations to disclose information requested concerning the Supplier or the Contract:
17.4.1 in certain circumstances without consulting the Supplier, or
17.4.2 following consultation with the Supplier and having taken its views into account.
17.5. Where 17.4.1 applies the Purchaser must take reasonable steps, if practicable, to give the Supplier advance notice provisions of the fact of disclosure orFOIA, failing that, draw which shall be determined by the fact of disclosure to Buyer; and
(ii) Commercially Sensitive Information; and
(c) the attention of the Supplier after such disclosure to the extent that it is permissible and reasonably practical for it to do.
17.6. Where a Request for Publishable Performance Information concerns Supplier Sensitive Information specified in Schedule 6 Part 1 (having regard to the justifications and durations set out there), the Purchaser must take reasonable steps, where practicable, to consult with the Supplier before disclosing it pursuant to a Request for Information.
17.7. The Supplier acknowledges that Transparency Reports and the content of this Agreement including any Amendments, agreed from time to time, (together the “Transparency Information”) are not Supplier Sensitive Confidential Information. However, if the Purchaser believes that publication of any element of the Transparency Information should be treated as Supplier Sensitive Information the Purchaser may, in its discretion exclude such information from publication.
17.8. 22.2 Notwithstanding any other provision of this AgreementContract, the Supplier hereby gives its consent for the Purchaser Buyer to publish to the general public, public the Transparency Information in its entiretyentirety (but with any information which is exempt from disclosure in accordance with the provisions of the FOIA redacted). The Purchaser Buyer shall, prior to publication, consult with the Supplier on the manner and format of publication and to inform its decision regarding any redactions but shall have the final decision in its absolute discretion.
17.9. 22.3 The Supplier shall assist and co-operate with the Purchaser Buyer to enable the Purchaser Buyer to publish the Transparency Information Information, including the preparation of the Transparency ReportsReports in accordance with Paragraph 1 of Schedule 8.4 (Reports and Records Provisions).
17.1022.4 If the Buyer believes that publication of any element of the Transparency Information would be contrary to the public interest, the Buyer shall be entitled to exclude such information from publication. The Purchaser Buyer acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information in its entirety. Accordingly, the Buyer acknowledges that it will only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information from publication it will provide a clear explanation to the Supplier.
22.5 The Buyer shall publish the Transparency Information in a format that assists the general public in understanding the relevance and completeness of the information being published to ensure the public obtain a fair view on how the Agreement Contract is being performed, having regard to the context of the wider commercial relationship with the Supplier.
17.11. 22.6 The Supplier agrees that any further Information it holds that is not included in the Transparency Reports but is reasonably relevant to or that arises from the provision of the Services shall be provided to the Purchaser upon request, Buyer on request unless the cost of doing so would exceed the appropriate limit prescribed under section 12 of FOISAthe FOIA. The Purchaser Buyer may disclose such information under FOISA the FOIA and the EIRs and may (except for Commercially Sensitive Information, Confidential Information (subject to clause 19.3.3Clause 21.6(c)) and Open Book Data) publish such Information. The Supplier shall provide to the Buyer within five (5) Working Days (or such other period as the Buyer may reasonably specify) any such Information requested by the Buyer.
22.7 The Supplier acknowledges that the Buyer is subject to the requirements of the FOIA and the EIRs. The Supplier shall:
(a) provide all necessary assistance and cooperation as reasonably requested by the Buyer to enable the Buyer to comply with its obligations under the FOIA and EIRs;
(b) transfer to the Buyer all Requests for Information relating to this Contract that it receives as soon as practicable and in any event within 2 Working Days of receipt;
(c) provide the Buyer with a copy of all Information held on behalf of the Buyer which is requested in a Request For Information and which is in its possession or control in the form that the Buyer requires within 5 Working Days (or such other period as the Buyer may reasonably specify) of the Buyer's request for such Information; and
(d) not respond directly to a Request For Information addressed to the Buyer unless authorised in writing to do so by the Buyer.
22.8 The Supplier acknowledges that the Buyer may be required under the FOIA and EIRs to disclose Information (including Commercially Sensitive Information) without consulting or obtaining consent from the Supplier. The Buyer shall take reasonable steps to notify the Supplier of a Request For Information (in accordance with the Secretary of State’s section 45 Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the FOIA) to the extent that it is permissible and reasonably practical for it to do so but (notwithstanding any other provision in this Contract) the Buyer shall be responsible for determining in its absolute discretion whether any Commercially Sensitive Information and/or any other information is exempt from disclosure in accordance with the FOIA and EIRs.
Appears in 1 contract
Sources: Call Off Terms
Transparency and Freedom of Information. 17.1. 23.1 The Supplier acknowledges that the Purchaser is subject to the requirements of FOISA and the Environmental Information Regulations. The Supplier shallParties acknowledge that:
a. provide all necessary assistance and cooperation as (a) the Purchaser may reasonably request to enable the Purchaser to comply with its obligations under FOISA and Environmental Information Regulations;
b. transfer to the Purchaser all Requests for Information relating content of this Agreement, including any changes to this Agreement that the Supplier receives as soon as practicable and in agreed from time to time, except for –
(i) any event within 2 Working Days of receipt;
c. provide the Purchaser with a copy of all information held on behalf of the Purchaser which is requested in a Request For Information and which is in the Supplier’s possession or control. The information must be provided within 5 Working Days (or such other period as the Purchaser may reasonably specify) in the form that the Purchaser requires.
d. not respond directly to a Request For Information addressed to the Purchaser unless authorised in writing to do so by the Purchaser.
17.2. If the Request for Information appears to be directed to information held by the Purchaser, the Supplier must promptly inform the applicant in writing that the Request for Information can be directed to the Purchaser.
17.3. If the Purchaser receives a Request for Information concerning the Contract, the Purchaser is responsible for determining at its absolute discretion whether the information requested is to be disclosed to the applicant or whether the information requested is exempt from disclosure in accordance with FOISA or the Environmental Information Regulations.
17.4. The Supplier acknowledges that the Purchaser may, acting in accordance with the Purchaser’s Code of Practice on the Discharge of Functions of Public Authorities issued under section 60(5) of FOISA (as may be issued and revised from time to time), be obliged under FOISA or the Environmental Information Regulations to disclose information requested concerning the Supplier or the Contract:
17.4.1 in certain circumstances without consulting the Supplier, or
17.4.2 following consultation with the Supplier and having taken its views into account.
17.5. Where 17.4.1 applies the Purchaser must take reasonable steps, if practicable, to give the Supplier advance notice provisions of the fact of disclosure orFOIA, failing that, draw which shall be determined by the fact of disclosure to Authority; and
(ii) Commercially Sensitive Information; and
(b) the attention of the Supplier after such disclosure to the extent that it is permissible and reasonably practical for it to do.
17.6. Where a Request for Publishable Performance Information concerns Supplier Sensitive Information specified in Schedule 6 Part 1 (having regard to the justifications and durations set out there), the Purchaser must take reasonable steps, where practicable, to consult with the Supplier before disclosing it pursuant to a Request for Information.
17.7. The Supplier acknowledges that Transparency Reports and the content of this Agreement including any Amendments, agreed from time to time, (together the “Transparency Information”) are not Supplier Sensitive Confidential Information. However, if the Purchaser believes that publication of any element of the Transparency Information should be treated as Supplier Sensitive Information the Purchaser may, in its discretion exclude such information from publication.
17.8. 23.2 Notwithstanding any other provision of this Agreement, the Supplier hereby gives its consent for the Purchaser Authority to publish to the general public, public the Transparency Information in its entiretyentirety (but with any information which is exempt from disclosure in accordance with the provisions of the FOIA redacted). The Purchaser Authority shall, prior to publication, consult with the Supplier on the manner and format of publication and to inform its decision regarding any redactions but shall have the final decision in its absolute discretion.
17.9. 23.3 The Supplier shall assist and co-operate with the Purchaser Authority to enable the Purchaser Authority to publish the Transparency Information Information, including the preparation of the Transparency ReportsReports in accordance with Paragraph 1 of Schedule 22 (Reports and Records Provisions).
17.1023.4 If the Authority believes that publication of any element of the Transparency Information would be contrary to the public interest, the Authority shall be entitled to exclude such information from publication. The Purchaser Authority acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information in its entirety. Accordingly, the Authority acknowledges that it will only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information from publication it will provide a clear explanation to the Supplier.
23.5 The Authority shall publish the Transparency Information in a format that assists the general public in understanding the relevance and completeness of the information being published to ensure the public obtain a fair view on how the Agreement is being performed, having regard to the context of the wider commercial relationship with the Supplier.
17.11. 23.6 The Supplier agrees that any further Information it holds that is not included in the Transparency Reports but is reasonably relevant to or that arises from the provision of the Services shall be provided to the Purchaser upon request, Authority on request unless the cost of doing so would exceed the appropriate limit prescribed under section 12 of FOISAthe FOIA. The Purchaser Authority may disclose such information under FOISA the FOIA and the EIRs and may (except for Commercially Sensitive Information, Confidential Information (subject to clause 19.3.3Clause 22.6(c)) and Open Book Data) publish such Information. The Supplier shall provide to the Authority within five
Appears in 1 contract
Sources: Model Services Agreement
Transparency and Freedom of Information. 17.1. 27.3.1 The Supplier acknowledges that Parties acknowledge that
(a) the Purchaser is subject to Transparency Reports; and
(b) the requirements content of FOISA and the Environmental Information Regulations. The Supplier shall:
a. provide all necessary assistance and cooperation as the Purchaser may reasonably request to enable the Purchaser to comply with its obligations under FOISA and Environmental Information Regulations;
b. transfer to the Purchaser all Requests for Information relating this Framework Agreement, including any changes to this Framework Agreement that the Supplier receives as soon as practicable and in agreed from time to time, except for –
(i) any event within 2 Working Days of receipt;
c. provide the Purchaser with a copy of all information held on behalf of the Purchaser which is requested in a Request For Information and which is in the Supplier’s possession or control. The information must be provided within 5 Working Days (or such other period as the Purchaser may reasonably specify) in the form that the Purchaser requires.
d. not respond directly to a Request For Information addressed to the Purchaser unless authorised in writing to do so by the Purchaser.
17.2. If the Request for Information appears to be directed to information held by the Purchaser, the Supplier must promptly inform the applicant in writing that the Request for Information can be directed to the Purchaser.
17.3. If the Purchaser receives a Request for Information concerning the Contract, the Purchaser is responsible for determining at its absolute discretion whether the information requested is to be disclosed to the applicant or whether the information requested is exempt from disclosure in accordance with FOISA or the Environmental Information Regulations.
17.4. The Supplier acknowledges that the Purchaser may, acting in accordance with the Purchaser’s Code of Practice on the Discharge of Functions of Public Authorities issued under section 60(5) of FOISA (as may be issued and revised from time to time), be obliged under FOISA or the Environmental Information Regulations to disclose information requested concerning the Supplier or the Contract:
17.4.1 in certain circumstances without consulting the Supplier, or
17.4.2 following consultation with the Supplier and having taken its views into account.
17.5. Where 17.4.1 applies the Purchaser must take reasonable steps, if practicable, to give the Supplier advance notice provisions of the fact of disclosure orFOIA, failing that, draw the fact of disclosure to the attention of the Supplier after such disclosure to the extent that it is permissible and reasonably practical for it to do.which shall be determined by CCS; and
17.6. Where a Request for Information concerns Supplier (ii) Commercially Sensitive Information specified in Schedule 6 Part 1 (having regard to the justifications and durations set out there), the Purchaser must take reasonable steps, where practicable, to consult with the Supplier before disclosing it pursuant to a Request for Information.
17.7. The Supplier acknowledges that Transparency Reports and the content of this Agreement including any Amendments, agreed from time to time, ; (together the “Transparency Information”) are not Supplier Sensitive Confidential Information. However, if the Purchaser believes that publication of any element of the Transparency Information should be treated as Supplier Sensitive Information the Purchaser may, in its discretion exclude such information from publication.
17.8. 27.3.2 Notwithstanding any other provision of this Framework Agreement, the Supplier hereby gives its consent for the Purchaser CCS to publish to the general public, public the Transparency Information in its entiretyentirety (but with any information which is exempt from disclosure in accordance with the provisions of the FOIA redacted). The Purchaser CCS shall, prior to publication, consult with the Supplier on the manner and format of publication and to inform its decision regarding any redactions but shall have the final decision in its absolute discretion.
17.9. 27.3.3 The Supplier shall assist and co-operate with the Purchaser CCS to enable the Purchaser CCS to publish the Transparency Information Information, including the preparation of the Transparency Reports in accordance with Schedule 22 (Transparency Reports).
17.1027.3.4 If CCS believes that publication of any element of the Transparency Information would be contrary to the public interest, CCS shall be entitled to exclude such information from publication. The Purchaser CCS acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information in its entirety. Accordingly, CCS acknowledges that it will only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information from publication it will provide a clear explanation to the Supplier.
27.3.5 CCS shall publish the Transparency Information in a format that assists the general public in understanding the relevance and completeness of the information being published to ensure the public obtain a fair view on how the Framework Agreement is being performed, having regard to the context of the wider commercial relationship with the Supplier.
17.11. 27.3.6 The Supplier agrees that any further Information it holds that is not included in the Transparency Reports but is reasonably relevant to or that arises from the provision of the Services shall be provided to the Purchaser upon request, CCS on request unless the cost of doing so would exceed the appropriate limit prescribed under section 12 of FOISAthe FOIA. The Purchaser CCS may disclose such information under FOISA the FOIA and the EIRs and may (except for Commercially Sensitive Information, Confidential Information (subject to clause 19.3.3Clause 27.2.7(c)) and Open Book Data) publish such Information. The Supplier shall provide to CCS within 5 working days (or such other period as CCS may reasonably specify) any such Information requested by CCS.
27.3.7 The Supplier acknowledges that CCS is subject to the requirements of the FOIA and the EIRs. The Supplier shall:
(a) provide all necessary assistance and cooperation as reasonably requested by CCS to enable CCS to comply with its Information disclosure obligations under the FOIA and EIRs;
(b) transfer to CCS all Requests for Information relating to this Framework Agreement that it receives as soon as practicable and in any event within two (2) Working Days of receipt;
(c) provide CCS with a copy of all Information held on behalf of CCS requested in the Request for Information which is in the Suppliers possession or control in the form that CCS requires within five (5) Working Days (or such other period as CCS may reasonably specify) of CCS's request for such Information; and
(d) not respond directly to a Request for Information addressed to CCS unless authorised in writing to do so by the CCS.
27.3.8 The Supplier acknowledges that CCS may be required under the FOIA and EIRs to disclose Information (including Commercially Sensitive Information) without consulting or obtaining consent from the Supplier. CCS shall take reasonable steps to notify the Supplier of a Request for Information (in accordance with the Secretary of State’s Section 45 Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the FOIA) to the extent that it is permissible and reasonably practical for it to do so but (notwithstanding any other provision in this Framework Agreement) for the purpose of this Framework Agreement, CCS shall be responsible for determining in its absolute discretion whether any Commercially Sensitive Information and/or any other information is exempt from disclosure in accordance with the FOIA and EIRs.
Appears in 1 contract
Sources: Framework Agreement for the Provision of Management Consultancy Services
Transparency and Freedom of Information. 17.1. 23.1 The Supplier acknowledges that the Purchaser is subject to the requirements of FOISA and the Environmental Information Regulations. The Supplier shallParties acknowledge that:
a. provide all necessary assistance and cooperation as (a) the Purchaser may reasonably request to enable the Purchaser to comply with its obligations under FOISA and Environmental Information RegulationsTransparency Reports;
b. transfer to (b) the Purchaser all Requests for Information relating content of this Agreement, including any changes to this Agreement that the Supplier receives as soon as practicable and in agreed from time to time, except for –
(i) any event within 2 Working Days of receipt;
c. provide the Purchaser with a copy of all information held on behalf of the Purchaser which is requested in a Request For Information and which is in the Supplier’s possession or control. The information must be provided within 5 Working Days (or such other period as the Purchaser may reasonably specify) in the form that the Purchaser requires.
d. not respond directly to a Request For Information addressed to the Purchaser unless authorised in writing to do so by the Purchaser.
17.2. If the Request for Information appears to be directed to information held by the Purchaser, the Supplier must promptly inform the applicant in writing that the Request for Information can be directed to the Purchaser.
17.3. If the Purchaser receives a Request for Information concerning the Contract, the Purchaser is responsible for determining at its absolute discretion whether the information requested is to be disclosed to the applicant or whether the information requested is exempt from disclosure in accordance with FOISA or the Environmental Information Regulations.
17.4. The Supplier acknowledges that the Purchaser may, acting in accordance with the Purchaser’s Code of Practice on the Discharge of Functions of Public Authorities issued under section 60(5) of FOISA (as may be issued and revised from time to time), be obliged under FOISA or the Environmental Information Regulations to disclose information requested concerning the Supplier or the Contract:
17.4.1 in certain circumstances without consulting the Supplier, or
17.4.2 following consultation with the Supplier and having taken its views into account.
17.5. Where 17.4.1 applies the Purchaser must take reasonable steps, if practicable, to give the Supplier advance notice provisions of the fact of disclosure orFOIA, failing that, draw which shall be determined by the fact of disclosure to Authority; and
(ii) Commercially Sensitive Information; and
(c) the attention of the Supplier after such disclosure to the extent that it is permissible and reasonably practical for it to do.
17.6. Where a Request for Publishable Performance Information concerns Supplier Sensitive Information specified in Schedule 6 Part 1 (having regard to the justifications and durations set out there), the Purchaser must take reasonable steps, where practicable, to consult with the Supplier before disclosing it pursuant to a Request for Information.
17.7. The Supplier acknowledges that Transparency Reports and the content of this Agreement including any Amendments, agreed from time to time, (together the “Transparency Information”) are not Supplier Sensitive Confidential Information. However, if the Purchaser believes that publication of any element of the Transparency Information should be treated as Supplier Sensitive Information the Purchaser may, in its discretion exclude such information from publication.
17.8. 23.2 Notwithstanding any other provision of this Agreement, the Supplier hereby gives its consent for the Purchaser Authority to publish to the general public, public the Transparency Information in its entiretyentirety (but with any information which is exempt from disclosure in accordance with the provisions of the FOIA redacted). The Purchaser Authority shall, prior to publication, consult with the Supplier on the manner and format of publication and to inform its decision regarding any redactions but shall have the final decision in its absolute discretion.
17.9. 23.3 The Supplier shall assist and co-operate with the Purchaser Authority to enable the Purchaser Authority to publish the Transparency Information Information, including the preparation of the Transparency ReportsReports in accordance with Paragraph 1 of Schedule 8.4 (Reports and Records Provisions).
17.1023.4 If the Authority believes that publication of any element of the Transparency Information would be contrary to the public interest, the Authority shall be entitled to exclude such information from publication. The Purchaser Authority acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information in its entirety. Accordingly, the Authority acknowledges that it will only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information from publication it will provide a clear explanation to the Supplier.
23.5 The Authority shall publish the Transparency Information in a format that assists the general public in understanding the relevance and completeness of the information being published to ensure the public obtain a fair view on how the Agreement is being performed, having regard to the context of the wider commercial relationship with the Supplier.
17.11. 23.6 The Supplier agrees that any further Information it holds that is not included in the Transparency Reports but is reasonably relevant to or that arises from the provision of the Services shall be provided to the Purchaser upon request, Authority on request unless the cost of doing so would exceed the appropriate limit prescribed under section 12 of FOISAthe FOIA. The Purchaser Authority may disclose such information under FOISA the FOIA and the EIRs and may (except for Commercially Sensitive Information, Confidential Information (subject to clause 19.3.3Clause 22.6(c)) and Open Book Data) publish such Information. The Supplier shall provide to the Authority within five
Appears in 1 contract
Sources: Services Agreement
Transparency and Freedom of Information. 17.1. 22.1 The Supplier acknowledges that the Purchaser is subject to the requirements of FOISA and the Environmental Information Regulations. The Supplier shallParties acknowledge that:
a. provide all necessary assistance and cooperation as (a) the Purchaser may reasonably request to enable Transparency Reports; and
(b) the Purchaser to comply with its obligations under FOISA and Environmental Information Regulations;
b. transfer to the Purchaser all Requests for Information relating content of this Agreement, including any Changes to this Agreement that the Supplier receives as soon as practicable and in agreed from time to time except for:
(i) any event within 2 Working Days of receipt;
c. provide the Purchaser with a copy of all information held on behalf of the Purchaser which is requested in a Request For Information and which is in the Supplier’s possession or control. The information must be provided within 5 Working Days (or such other period as the Purchaser may reasonably specify) in the form that the Purchaser requires.
d. not respond directly to a Request For Information addressed to the Purchaser unless authorised in writing to do so by the Purchaser.
17.2. If the Request for Information appears to be directed to information held by the Purchaser, the Supplier must promptly inform the applicant in writing that the Request for Information can be directed to the Purchaser.
17.3. If the Purchaser receives a Request for Information concerning the Contract, the Purchaser is responsible for determining at its absolute discretion whether the information requested is to be disclosed to the applicant or whether the information requested is exempt from disclosure in accordance with FOISA or the Environmental Information Regulations.
17.4. The Supplier acknowledges that the Purchaser may, acting in accordance with the Purchaser’s Code of Practice on the Discharge of Functions of Public Authorities issued under section 60(5) of FOISA (as may be issued and revised from time to time), be obliged under FOISA or the Environmental Information Regulations to disclose information requested concerning the Supplier or the Contract:
17.4.1 in certain circumstances without consulting the Supplier, or
17.4.2 following consultation with the Supplier and having taken its views into account.
17.5. Where 17.4.1 applies the Purchaser must take reasonable steps, if practicable, to give the Supplier advance notice provisions of the fact of disclosure orFOIA, failing that, draw which shall be determined by RCDTS; and
(ii) Commercially Sensitive Information; (together the fact of disclosure to the attention of the Supplier after such disclosure to the extent that it is permissible and reasonably practical for it to do.
17.6. Where a Request for Information concerns Supplier Sensitive Information specified in Schedule 6 Part 1 (having regard to the justifications and durations set out there), the Purchaser must take reasonable steps, where practicable, to consult with the Supplier before disclosing it pursuant to a Request for "Transparency Information") are not Confidential Information.
17.7. The Supplier acknowledges that Transparency Reports and the content of this Agreement including any Amendments, agreed from time to time, (together the “Transparency Information”) are not Supplier Sensitive Information. However, if the Purchaser believes that publication of any element of the Transparency Information should be treated as Supplier Sensitive Information the Purchaser may, in its discretion exclude such information from publication.
17.8. 22.2 Notwithstanding any other provision of this Agreement, the Supplier hereby gives its consent for RCDTS and/ or the Purchaser Customer to publish to the general public, public the Transparency Information in its entiretyentirety (but with any information which is exempt from disclosure in accordance with the provisions of the FOIA redacted). The Purchaser RCDTS shall, prior to publication, consult with the Supplier on the manner and format of publication and to inform its decision regarding any redactions but shall have the final decision in its absolute discretion.
17.9. 22.3 The Supplier shall assist and co-operate with the Purchaser RCDTS and/ or Customer to enable the Purchaser RCDTS and/ or Customer to publish the Transparency Information Information, including the preparation of the Transparency ReportsReports in accordance with Paragraph 1 of Schedule 8.2 (Reports and Records).
17.1022.4 If RCDTS believes that publication of any element of the Transparency Information would be contrary to the public interest, RCDTS shall be entitled to exclude such information from publication. The Purchaser RCDTS acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information in its entirety. Accordingly, RCDTS acknowledges that it will only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information from publication it will provide a clear explanation to the Supplier.
22.5 RCDTS and/ or the Customer shall publish the Transparency Information in a format that assists the general public in understanding the relevance and completeness of the information being published to ensure the public obtain a fair view on how the Agreement is being performed, having regard to the context of the wider commercial relationship with the Supplier.
17.11. 22.6 The Supplier agrees that any further Information it holds that is not included in the Transparency Reports but is reasonably relevant to or that arises from the provision of the Services shall be provided to the Purchaser upon request, RCDTS on request unless the cost of doing so would exceed the appropriate limit prescribed under section 12 of FOISAthe FOIA. The Purchaser RCDTS and/ or the Customer may disclose such information under FOISA the FOIA and the EIRs and may (except for Commercially Sensitive Information, Confidential Information (subject to clause 19.3.3Clause 21.6(c)) and Open Book Data) publish such Information. The Supplier shall provide to RCDTS within 5 working days (or such other period as RCDTS may reasonably specify) any such Information requested by RCDTS.
22.7 The Supplier acknowledges that RCDTS and the Customer are subject to the requirements of the FOIA, the Re-use of Public Sector Information Regulations 2015 and the EIRs. The Supplier shall:
(a) provide all necessary assistance and cooperation as reasonably requested by RCDTS to enable RCDTS and/ or the Customer to comply with its obligations under the FOIA and EIRs;
(b) transfer to RCDTS all Requests for Information relating to this Agreement that it receives as soon as practicable and in any event within two (2) Working Days of receipt;
(c) provide RCDTS with a copy of all Information held on behalf of RCDTS and/or the Customer which is requested in a Request For Information and which is in its possession or control in the form that RCDTS requires within five (5) Working Days (or such other period as RCDTS may reasonably specify) of RCDTS's request for such Information; and
(d) not respond directly to a Request For Information addressed to RCDTS and/or Customer unless authorised in writing to do so by RCDTS.
22.8 The Supplier acknowledges that RCDTS and/ or the Customer may be required under the FOIA and EIRs to disclose Information (including Commercially Sensitive Information) without consulting or obtaining consent from the Supplier. RCDTS shall take reasonable steps to notify the Supplier of a Request For Information (in accordance with the Secretary of State’s section 45 Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the FOIA) to the extent that it is permissible and reasonably practical for it to do so but (notwithstanding any other provision in this Agreement) RCDTS shall be responsible for determining in its absolute discretion whether any Commercially Sensitive Information and/or any other information is exempt from disclosure in accordance with the FOIA and EIRs.
Appears in 1 contract
Sources: Ict Contract
Transparency and Freedom of Information. 17.1. The Supplier acknowledges Parties acknowledge that the Purchaser is subject to the requirements of FOISA Transparency Reports; and the Environmental Information Regulations. The Supplier shall:
a. provide all necessary assistance and cooperation as the Purchaser may reasonably request to enable the Purchaser to comply with its obligations under FOISA and Environmental Information Regulations;
b. transfer to the Purchaser all Requests for Information relating content of this Call Off Contract, including any changes to this Agreement that the Supplier receives as soon as practicable and in Call Off Contract agreed from time to time, except for – any event within 2 Working Days of receipt;
c. provide the Purchaser with a copy of all information held on behalf of the Purchaser which is requested in a Request For Information and which is in the Supplier’s possession or control. The information must be provided within 5 Working Days (or such other period as the Purchaser may reasonably specify) in the form that the Purchaser requires.
d. not respond directly to a Request For Information addressed to the Purchaser unless authorised in writing to do so by the Purchaser.
17.2. If the Request for Information appears to be directed to information held by the Purchaser, the Supplier must promptly inform the applicant in writing that the Request for Information can be directed to the Purchaser.
17.3. If the Purchaser receives a Request for Information concerning the Contract, the Purchaser is responsible for determining at its absolute discretion whether the information requested is to be disclosed to the applicant or whether the information requested is exempt from disclosure in accordance with FOISA or the Environmental Information Regulations.
17.4. The Supplier acknowledges that the Purchaser may, acting in accordance with the Purchaser’s Code of Practice on the Discharge of Functions of Public Authorities issued under section 60(5) of FOISA (as may be issued and revised from time to time), be obliged under FOISA or the Environmental Information Regulations to disclose information requested concerning the Supplier or the Contract:
17.4.1 in certain circumstances without consulting the Supplier, or
17.4.2 following consultation with the Supplier and having taken its views into account.
17.5. Where 17.4.1 applies the Purchaser must take reasonable steps, if practicable, to give the Supplier advance notice provisions of the fact of disclosure orFOIA, failing that, draw which shall be determined by the fact of disclosure to the attention of the Supplier after such disclosure to the extent that it is permissible Customer; and reasonably practical for it to do.
17.6. Where a Request for Information concerns Supplier Commercially Sensitive Information specified in Schedule 6 Part 1 (having regard to the justifications and durations set out there), the Purchaser must take reasonable steps, where practicable, to consult with the Supplier before disclosing it pursuant to a Request for Information.
17.7. The Supplier acknowledges that Transparency Reports and the content of this Agreement including any Amendments, agreed from time to time, ; (together the “Transparency Information”) are not Supplier Sensitive Confidential Information. However, if the Purchaser believes that publication of any element of the Transparency Information should be treated as Supplier Sensitive Information the Purchaser may, in its discretion exclude such information from publication.
17.8. Notwithstanding any other provision of this AgreementCall Off Contract, the Supplier hereby gives its consent for the Purchaser Customer to publish to the general public, public the Transparency Information in its entiretyentirety (but with any information which is exempt from disclosure in accordance with the provisions of the FOIA redacted). The Purchaser Customer shall, prior to publication, consult with the Supplier on the manner and format of publication and to inform its decision regarding any redactions but shall have the final decision in its absolute discretion.
17.9. The Supplier shall assist and co-operate with the Purchaser Customer to enable the Purchaser Customer to publish the Transparency Information Information, including the preparation of the Transparency Reports in accordance with Call Off Schedule 13 (Transparency Reports.
17.10). If the Customer believes that publication of any element of the Transparency Information would be contrary to the public interest, the Customer shall be entitled to exclude such information from publication. The Purchaser Customer acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information in its entirety. Accordingly, the Customer acknowledges that it will only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information from publication it will provide a clear explanation to the Supplier. The Customer shall publish the Transparency Information in a format that assists the general public in understanding the relevance and completeness of the information being published to ensure the public obtain a fair view on how the Agreement Call Off Contract is being performed, having regard to the context of the wider commercial relationship with the Supplier.
17.11. The Supplier agrees that any further Information it holds that is not included in the Transparency Reports but is reasonably relevant to or that arises from the provision of the Services shall be provided to the Purchaser upon request, Customer on request unless the cost of doing so would exceed the appropriate limit prescribed under section 12 of FOISAthe FOIA. The Purchaser Customer may disclose such information under FOISA the FOIA and the EIRs and may (except for Commercially Sensitive Information, Confidential Information (subject to clause 19.3.3Clause 36.3.7(c)) and Open Book Data) publish such Information. The Supplier shall provide to the Customer within 5 working days (or such other period as the Customer may reasonably specify) any such Information requested by the Customer. The Supplier acknowledges that the Customer is subject to the requirements of the FOIA and the EIRs. The Supplier shall: provide all necessary assistance and cooperation as reasonably requested by the Customer to enable the Customer to comply with its Information disclosure obligations under the FOIA and EIRs; transfer to the Customer all Requests for Information relating to this Call Off Contract that it receives as soon as practicable and in any event within two (2) Working Days of receipt; provide the Customer with a copy of all Information held on behalf of the Customer requested in the Request for Information which is in its possession or control in the form that the Customer requires within five (5) Working Days (or such other period as the Customer may reasonably specify) of the Customer's request for such Information; and not respond directly to a Request for Information addressed to the Customer unless authorised in writing to do so by the Customer. The Supplier acknowledges that the Customer may be required under the FOIA and EIRs to disclose Information (including Commercially Sensitive Information) without consulting or obtaining consent from the Supplier. The Customer shall take reasonable steps to notify the Supplier of a Request for Information (in accordance with the Secretary of State’s Section 45 Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the FOIA) to the extent that it is permissible and reasonably practical for it to do so but (notwithstanding any other provision in this Call Off Contract) the Customer shall be responsible for determining in its absolute discretion whether any Commercially Sensitive Information and/or any other information is exempt from disclosure in accordance with the FOIA and EIRs.
Appears in 1 contract
Sources: Call Off Contract
Transparency and Freedom of Information. 17.1. 17.1 The Supplier acknowledges that the Purchaser is subject to the requirements of FOISA and the Environmental Information Regulations. The Supplier shall:
a. (a) provide all necessary assistance and cooperation as the Purchaser may reasonably request to enable the Purchaser to comply with its obligations under FOISA and Environmental Information Regulations;
b. (b) transfer to the Purchaser all Requests for Information relating to this Agreement that the Supplier receives as soon as practicable and in any event within 2 Working Days of receipt;
c. (c) provide the Purchaser with a copy of all information held on behalf of the Purchaser which is requested in a Request For Information and which is in the Supplier’s possession or control. The information must be provided within 5 Working Days (or such other period as the Purchaser may reasonably specify) in the form that the Purchaser requires.
d. (d) not respond directly to a Request For Information addressed to the Purchaser unless authorised in writing to do so by the Purchaser.
17.2. 17.2 If the Request for Information appears to be directed to information held by the Purchaser, the Supplier must promptly inform the applicant in writing that the Request for Information can be directed to the Purchaser.
17.3. 17.3 If the Purchaser receives a Request for Information concerning the Contract, the Purchaser is responsible for determining at its absolute discretion whether the information requested is to be disclosed to the applicant or whether the information requested is exempt from disclosure in accordance with FOISA or the Environmental Information Regulations.
17.4. 17.4 The Supplier acknowledges that the Purchaser may, acting in accordance with the Purchaser’s Code of Practice on the Discharge of Functions of Public Authorities issued under section 60(5) of FOISA (as may be issued and revised from time to time), be obliged under FOISA or the Environmental Information Regulations to disclose information requested concerning the Supplier or the Contract:
17.4.1 in certain circumstances without consulting the Supplier, or
17.4.2 following consultation with the Supplier and having taken its views into account.
17.5 Where 17.5. Where 17.4.1 .
4.1 applies the Purchaser must take reasonable steps, if practicableifpracticable, to give the Supplier advance notice of the fact of disclosure or, failing that, draw the fact of disclosure to the attention of the Supplier after such disclosure to the extent that it is permissible and reasonably practical for it to do.
17.6. Where a Request for Information concerns Supplier Sensitive Information specified in Schedule 6 Part 1 (having regard to the justifications and durations set out there), the Purchaser must take reasonable steps, where practicable, to consult with the Supplier before disclosing it pursuant to a Request for Information.
17.7. The Supplier acknowledges that Transparency Reports and the content of this Agreement including any Amendments, agreed from time to time, (together the “Transparency Information”) are not Supplier Sensitive Information. However, if the Purchaser believes that publication of any element of the Transparency Information should be treated as Supplier Sensitive Information the Purchaser may, in its discretion exclude such information from publication.
17.8. Notwithstanding any other provision of this Agreement, the Supplier hereby gives consent for the Purchaser to publish to the general public, the Transparency Information in its entirety. The Purchaser shall, prior to publication, consult with the Supplier on the manner and format of publication and to inform its decision regarding any redactions but shall have the final decision in its absolute discretion.
17.9. The Supplier shall assist and co-operate with the Purchaser to enable the Purchaser to publish the Transparency Information including the preparation of Transparency Reports.
17.10. The Purchaser shall publish the Transparency Information in a format that assists the general public in understanding the relevance and completeness of the information being published to ensure the public obtain a fair view on how the Agreement is being performed, having regard to the context of the wider commercial relationship with the Supplier.
17.11. The Supplier agrees that any further Information it holds that is not included in the Transparency Reports but is reasonably relevant to or that arises from the provision of the Services shall be provided to the Purchaser upon request, unless the cost of doing so would exceed the appropriate limit prescribed under section 12 of FOISA. The Purchaser may disclose such information under FOISA and the EIRs and may (except for Commercially Sensitive Information, Confidential Information (subject to clause 19.3.3)disclosure
Appears in 1 contract
Sources: Framework Agreement
Transparency and Freedom of Information. 17.1. 35.4.1 The Supplier acknowledges that Parties acknowledge that
(a) the Purchaser is subject to Transparency Reports; and
(b) the requirements content of FOISA and the Environmental Information Regulations. The Supplier shall:
a. provide all necessary assistance and cooperation as the Purchaser may reasonably request to enable the Purchaser to comply with its obligations under FOISA and Environmental Information Regulations;
b. transfer to the Purchaser all Requests for Information relating this Call Off Contract, including any changes to this Agreement that the Supplier receives as soon as practicable and in Call Off Contract agreed from time to time, except for –
(i) any event within 2 Working Days of receipt;
c. provide the Purchaser with a copy of all information held on behalf of the Purchaser which is requested in a Request For Information and which is in the Supplier’s possession or control. The information must be provided within 5 Working Days (or such other period as the Purchaser may reasonably specify) in the form that the Purchaser requires.
d. not respond directly to a Request For Information addressed to the Purchaser unless authorised in writing to do so by the Purchaser.
17.2. If the Request for Information appears to be directed to information held by the Purchaser, the Supplier must promptly inform the applicant in writing that the Request for Information can be directed to the Purchaser.
17.3. If the Purchaser receives a Request for Information concerning the Contract, the Purchaser is responsible for determining at its absolute discretion whether the information requested is to be disclosed to the applicant or whether the information requested is exempt from disclosure in accordance with FOISA or the Environmental Information Regulations.
17.4. The Supplier acknowledges that the Purchaser may, acting in accordance with the Purchaser’s Code of Practice on the Discharge of Functions of Public Authorities issued under section 60(5) of FOISA (as may be issued and revised from time to time), be obliged under FOISA or the Environmental Information Regulations to disclose information requested concerning the Supplier or the Contract:
17.4.1 in certain circumstances without consulting the Supplier, or
17.4.2 following consultation with the Supplier and having taken its views into account.
17.5. Where 17.4.1 applies the Purchaser must take reasonable steps, if practicable, to give the Supplier advance notice provisions of the fact of disclosure orFOIA, failing that, draw which shall be determined by the fact of disclosure to the attention of the Supplier after such disclosure to the extent that it is permissible and reasonably practical for it to do.Customer; and
17.6. Where a Request for Information concerns Supplier (ii) Commercially Sensitive Information specified in Schedule 6 Part 1 (having regard to the justifications and durations set out there), the Purchaser must take reasonable steps, where practicable, to consult with the Supplier before disclosing it pursuant to a Request for Information.
17.7. The Supplier acknowledges that Transparency Reports and the content of this Agreement including any Amendments, agreed from time to time, ; (together the “Transparency Information”) are not Supplier Sensitive Confidential Information. However, if the Purchaser believes that publication of any element of the Transparency Information should be treated as Supplier Sensitive Information the Purchaser may, in its discretion exclude such information from publication.
17.8. 35.4.2 Notwithstanding any other provision of this AgreementCall Off Contract, the Supplier hereby gives its consent for the Purchaser Customer to publish to the general public, public the Transparency Information in its entiretyentirety (but with any information which is exempt from disclosure in accordance with the provisions of the FOIA redacted). The Purchaser Customer shall, prior to publication, consult with the Supplier on the manner and format of publication and to inform its decision regarding any redactions but shall have the final decision in its absolute discretion.
17.9. 35.4.3 The Supplier shall assist and co-operate with the Purchaser Customer to enable the Purchaser Customer to publish the Transparency Information Information, including the preparation of the Transparency Reports in accordance with Call Off Schedule 13 (Transparency Reports).
17.1035.4.4 If the Customer believes that publication of any element of the Transparency Information would be contrary to the public interest, the Customer shall be entitled to exclude such information from publication. The Purchaser Customer acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information in its entirety. Accordingly, the Customer acknowledges that it will only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information from publication it will provide a clear explanation to the Supplier.
35.4.5 The Customer shall publish the Transparency Information in a format that assists the general public in understanding the relevance and completeness of the information being published to ensure the public obtain a fair view on how the Agreement Call Off Contract is being performed, having regard to the context of the wider commercial relationship with the Supplier.
17.11. 35.4.6 The Supplier agrees that any further Information it holds that is not included in the Transparency Reports but is reasonably relevant to or that arises from the provision of the Services shall be provided to the Purchaser upon request, Customer on request unless the cost of doing so would exceed the appropriate limit prescribed under section 12 of FOISAthe FOIA. The Purchaser Customer may disclose such information under FOISA the FOIA and the EIRs and may (except for Commercially Sensitive Information, Confidential Information (subject to clause 19.3.3Clause 35.3.7(c)) and Open Book Data) publish such Information. The Supplier shall provide to the Customer within 5 working days (or such other period as the Customer may reasonably specify) any such Information requested by the Customer.
35.4.7 The Supplier acknowledges that the Customer is subject to the requirements of the FOIA and the EIRs. The Supplier shall:
(a) provide all necessary assistance and cooperation as reasonably requested by the Customer to enable the Customer to comply with its Information disclosure obligations under the FOIA and EIRs;
(b) transfer to the Customer all Requests for Information relating to this Call Off Contract that it receives as soon as practicable and in any event within two (2) Working Days of receipt;
(c) provide the Customer with a copy of all Information held on behalf of the Customer requested in the Request for Information which is in its possession or control in the form that the Customer requires within five (5) Working Days (or such other period as the Customer may reasonably specify) of the Customer's request for such Information; and
(d) not respond directly to a Request for Information addressed to the Customer unless authorised in writing to do so by the Customer.
35.4.8 The Supplier acknowledges that the Customer may be required under the FOIA and EIRs to disclose Information (including Commercially Sensitive Information) without consulting or obtaining consent from the Supplier. The Customer shall take reasonable steps to notify the Supplier of a Request for Information (in accordance with the Secretary of State’s Section 45 Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the FOIA) to the extent that it is permissible and reasonably practical for it to do so but (notwithstanding any other provision in this Call Off Contract) the Customer shall be responsible for determining in its absolute discretion whether any Commercially Sensitive Information and/or any other information is exempt from disclosure in accordance with the FOIA and EIRs.
Appears in 1 contract
Sources: Call Off Order Form
Transparency and Freedom of Information. 17.1. 22.1 The Supplier acknowledges that the Purchaser is subject to the requirements of FOISA and the Environmental Information Regulations. The Supplier shallParties acknowledge that:
a. provide all necessary assistance and cooperation as (a) the Purchaser may reasonably request to enable Transparency Reports; and
(b) the Purchaser to comply with its obligations under FOISA and Environmental Information Regulations;
b. transfer to the Purchaser all Requests for Information relating content of this Agreement, including any Changes to this Agreement that the Supplier receives as soon as practicable and in agreed from time to time except for:
(i) any event within 2 Working Days of receipt;
c. provide the Purchaser with a copy of all information held on behalf of the Purchaser which is requested in a Request For Information and which is in the Supplier’s possession or control. The information must be provided within 5 Working Days (or such other period as the Purchaser may reasonably specify) in the form that the Purchaser requires.
d. not respond directly to a Request For Information addressed to the Purchaser unless authorised in writing to do so by the Purchaser.
17.2. If the Request for Information appears to be directed to information held by the Purchaser, the Supplier must promptly inform the applicant in writing that the Request for Information can be directed to the Purchaser.
17.3. If the Purchaser receives a Request for Information concerning the Contract, the Purchaser is responsible for determining at its absolute discretion whether the information requested is to be disclosed to the applicant or whether the information requested is exempt from disclosure in accordance with FOISA or the Environmental Information Regulations.
17.4. The Supplier acknowledges that the Purchaser may, acting in accordance with the Purchaser’s Code of Practice on the Discharge of Functions of Public Authorities issued under section 60(5) of FOISA (as may be issued and revised from time to time), be obliged under FOISA or the Environmental Information Regulations to disclose information requested concerning the Supplier or the Contract:
17.4.1 in certain circumstances without consulting the Supplier, or
17.4.2 following consultation with the Supplier and having taken its views into account.
17.5. Where 17.4.1 applies the Purchaser must take reasonable steps, if practicable, to give the Supplier advance notice provisions of the fact of disclosure orFOIA, failing that, draw which shall be determined by the fact of disclosure to Authority; and
(ii) Commercially Sensitive Information; (together the attention of the Supplier after such disclosure to the extent that it is permissible and reasonably practical for it to do.
17.6. Where a Request for Information concerns Supplier Sensitive Information specified in Schedule 6 Part 1 (having regard to the justifications and durations set out there), the Purchaser must take reasonable steps, where practicable, to consult with the Supplier before disclosing it pursuant to a Request for "Transparency Information") are not Confidential Information.
17.7. The Supplier acknowledges that Transparency Reports and the content of this Agreement including any Amendments, agreed from time to time, (together the “Transparency Information”) are not Supplier Sensitive Information. However, if the Purchaser believes that publication of any element of the Transparency Information should be treated as Supplier Sensitive Information the Purchaser may, in its discretion exclude such information from publication.
17.8. 22.2 Notwithstanding any other provision of this Agreement, the Supplier hereby gives its consent for the Purchaser Authority to publish to the general public, public the Transparency Information in its entiretyentirety (but with any information which is exempt from disclosure in accordance with the provisions of the FOIA redacted). The Purchaser Authority shall, prior to publication, consult with the Supplier on the manner and format of publication and to inform its decision regarding any redactions but shall have the final decision in its absolute discretion.
17.9. 22.3 The Supplier shall assist and co-operate with the Purchaser Authority to enable the Purchaser Authority to publish the Transparency Information Information, including the preparation of the Transparency ReportsReports in accordance with Paragraph 1 of Schedule 8.2 (Reports and Records).
17.1022.4 If the Authority believes that publication of any element of the Transparency Information would be contrary to the public interest, the Authority shall be entitled to exclude such information from publication. The Purchaser Authority acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information in its entirety. Accordingly, the Authority acknowledges that it will only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information from publication it will provide a clear explanation to the Supplier.
22.5 The Authority shall publish the Transparency Information in a format that assists the general public in understanding the relevance and completeness of the information being published to ensure the public obtain a fair view on how the Agreement is being performed, having regard to the context of the wider commercial relationship with the Supplier.
17.11. 22.6 The Supplier agrees that any further Information it holds that is not included in the Transparency Reports but is reasonably relevant to or that arises from the provision of the Services shall be provided to the Purchaser upon request, Authority on request unless the cost of doing so would exceed the appropriate limit prescribed under section 12 of FOISAthe FOIA. The Purchaser Authority may disclose such information under FOISA the FOIA and the EIRs and may (except for Commercially Sensitive Information, Confidential Information (subject to clause 19.3.3Clause 21.6(c)) and Open Book Data) publish such Information. The Supplier shall provide to the Authority within 5 working days (or such other period as the Authority may reasonably specify) any such Information requested by the Authority.
22.7 The Supplier acknowledges that the Authority is subject to the requirements of the FOIA, the Re-use of Public Sector Information Regulations 2015 and the EIRs. The Supplier shall:
(a) provide all necessary assistance and cooperation as reasonably requested by the Authority to enable the Authority to comply with its obligations under the FOIA and EIRs;
(b) transfer to the Authority all Requests for Information relating to this Agreement that it receives as soon as practicable and in any event within two (2) Working Days of receipt;
(c) provide the Authority with a copy of all Information held on behalf of the Authority which is requested in a Request For Information and which is in its possession or control in the form that the Authority requires within five
Appears in 1 contract
Sources: Ict Contract
Transparency and Freedom of Information. 17.1. 21.1 The Supplier acknowledges that the Purchaser is subject to the requirements of FOISA and the Environmental Information Regulations. The Supplier shallParties acknowledge that:
a. provide all necessary assistance and cooperation as (a) the Purchaser may reasonably request to enable the Purchaser to comply with its obligations under FOISA and Environmental Information RegulationsTransparency Reports;
b. transfer to (b) the Purchaser all Requests for Information relating content of this Agreement, including any changes to this Agreement that the Supplier receives as soon as practicable and in agreed from time to time, except for –
(i) any event within 2 Working Days of receipt;
c. provide the Purchaser with a copy of all information held on behalf of the Purchaser which is requested in a Request For Information and which is in the Supplier’s possession or control. The information must be provided within 5 Working Days (or such other period as the Purchaser may reasonably specify) in the form that the Purchaser requires.
d. not respond directly to a Request For Information addressed to the Purchaser unless authorised in writing to do so by the Purchaser.
17.2. If the Request for Information appears to be directed to information held by the Purchaser, the Supplier must promptly inform the applicant in writing that the Request for Information can be directed to the Purchaser.
17.3. If the Purchaser receives a Request for Information concerning the Contract, the Purchaser is responsible for determining at its absolute discretion whether the information requested is to be disclosed to the applicant or whether the information requested is exempt from disclosure in accordance with FOISA or the Environmental Information Regulations.
17.4. The Supplier acknowledges that the Purchaser may, acting in accordance with the Purchaser’s Code of Practice on the Discharge of Functions of Public Authorities issued under section 60(5) of FOISA (as may be issued and revised from time to time), be obliged under FOISA or the Environmental Information Regulations to disclose information requested concerning the Supplier or the Contract:
17.4.1 in certain circumstances without consulting the Supplier, or
17.4.2 following consultation with the Supplier and having taken its views into account.
17.5. Where 17.4.1 applies the Purchaser must take reasonable steps, if practicable, to give the Supplier advance notice provisions of the fact of disclosure orFOIA, failing that, draw which shall be determined by the fact of disclosure to Authority; and
(ii) Commercially Sensitive Information; and
(c) the attention of the Supplier after such disclosure to the extent that it is permissible and reasonably practical for it to do.
17.6. Where a Request for Publishable Performance Information concerns Supplier Sensitive Information specified in Schedule 6 Part 1 (having regard to the justifications and durations set out there), the Purchaser must take reasonable steps, where practicable, to consult with the Supplier before disclosing it pursuant to a Request for Information.
17.7. The Supplier acknowledges that Transparency Reports and the content of this Agreement including any Amendments, agreed from time to time, (together the “Transparency Information”) are not Supplier Sensitive Confidential Information. However, if the Purchaser believes that publication of any element of the Transparency Information should be treated as Supplier Sensitive Information the Purchaser may, in its discretion exclude such information from publication.
17.8. 21.2 Notwithstanding any other provision of this Agreement, the Supplier hereby gives its consent for the Purchaser Authority to publish to the general public, public the Transparency Information in its entiretyentirety (but with any information which is exempt from disclosure in accordance with the provisions of the FOIA redacted). The Purchaser Authority shall, prior to publication, consult with the Supplier on the manner and format of publication and to inform its decision regarding any redactions but shall have the final decision in its absolute discretion.
17.9. 21.3 The Supplier shall assist and co-operate with the Purchaser Authority to enable the Purchaser Authority to publish the Transparency Information Information, including the preparation of the Transparency ReportsReports in accordance with Paragraph 1 of Schedule 19 (Reports and Records Provisions).
17.1021.4 If the Authority believes that publication of any element of the Transparency Information would be contrary to the public interest, the Authority shall be entitled to exclude such information from publication. The Purchaser Authority acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information in its entirety. Accordingly, the Authority acknowledges that it will only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information from publication it will provide a clear explanation to the Supplier.
21.5 The Authority shall publish the Transparency Information in a format that assists the general public in understanding the relevance and completeness of the information being published to ensure the public obtain a fair view on how the Agreement is being performed, having regard to the context of the wider commercial relationship with the Supplier.
17.11. 21.6 The Supplier agrees that any further Information it holds that is not included in the Transparency Reports but is reasonably relevant to or that arises from the provision of the Services shall be provided to the Purchaser upon request, Authority on request unless the cost of doing so would exceed the appropriate limit prescribed under section 12 of FOISAthe FOIA. The Purchaser Authority may disclose such information under FOISA the FOIA and the EIRs and may (except for Commercially Sensitive Information, Confidential Information (subject to clause 19.3.3Clause 20.6(c)) and Open Book Data) publish such Information. The Supplier shall provide to the Authority within five
Appears in 1 contract
Sources: Model Services Contract
Transparency and Freedom of Information. 17.1. 18.1 The Supplier acknowledges that Parties acknowledge that
(a) the Purchaser is subject to Transparency Reports; and
(b) the requirements content of FOISA and the Environmental Information Regulations. The Supplier shall:
a. provide all necessary assistance and cooperation as the Purchaser may reasonably request to enable the Purchaser to comply with its obligations under FOISA and Environmental Information Regulations;
b. transfer to the Purchaser all Requests for Information relating this Agreement, including any changes to this Agreement that the Supplier receives as soon as practicable and in agreed from time to time, except for:
(i) any event within 2 Working Days of receipt;
c. provide the Purchaser with a copy of all information held on behalf of the Purchaser which is requested in a Request For Information and which is in the Supplier’s possession or control. The information must be provided within 5 Working Days (or such other period as the Purchaser may reasonably specify) in the form that the Purchaser requires.
d. not respond directly to a Request For Information addressed to the Purchaser unless authorised in writing to do so by the Purchaser.
17.2. If the Request for Information appears to be directed to information held by the Purchaser, the Supplier must promptly inform the applicant in writing that the Request for Information can be directed to the Purchaser.
17.3. If the Purchaser receives a Request for Information concerning the Contract, the Purchaser is responsible for determining at its absolute discretion whether the information requested is to be disclosed to the applicant or whether the information requested is exempt from disclosure in accordance with FOISA or the Environmental Information Regulations.
17.4. The Supplier acknowledges that the Purchaser may, acting in accordance with the Purchaser’s Code of Practice on the Discharge of Functions of Public Authorities issued under section 60(5) of FOISA (as may be issued and revised from time to time), be obliged under FOISA or the Environmental Information Regulations to disclose information requested concerning the Supplier or the Contract:
17.4.1 in certain circumstances without consulting the Supplier, or
17.4.2 following consultation with the Supplier and having taken its views into account.
17.5. Where 17.4.1 applies the Purchaser must take reasonable steps, if practicable, to give the Supplier advance notice provisions of the fact of disclosure orFOIA, failing that, draw which shall be determined by the fact of disclosure to Authority; and
(ii) Commercially Sensitive Information;
(c) the attention of the Supplier after such disclosure to the extent that it is permissible and reasonably practical for it to do.
17.6. Where a Request for Information concerns Supplier Sensitive Information specified in Schedule 6 Part 1 (having regard to the justifications and durations set out there), the Purchaser must take reasonable steps, where practicable, to consult with the Supplier before disclosing it pursuant to a Request for Publishable Performance Information.
17.7. The Supplier acknowledges that Transparency Reports and the content of this Agreement including any Amendments, agreed from time to time, (together the “Transparency Information”) are not Supplier Sensitive Confidential Information. However, if the Purchaser believes that publication of any element of the Transparency Information should be treated as Supplier Sensitive Information the Purchaser may, in its discretion exclude such information from publication.
17.8. 18.2 Notwithstanding any other provision of this Agreement, the Supplier hereby gives its consent for the Purchaser Authority to publish to the general public, public the Transparency Information in its entiretyentirety (but with any information which is exempt from disclosure in accordance with the provisions of the FOIA redacted). The Purchaser Authority shall, prior to publication, consult with the Supplier on the manner and format of publication and to inform its decision regarding any redactions but shall have the final decision in its absolute discretion.
17.9. 18.3 The Supplier shall assist and co-operate with the Purchaser Authority to enable the Purchaser Authority to publish the Transparency Information Information, including the preparation of the Transparency ReportsReports in accordance with Paragraph 1 of Schedule 8.4 (Reports and Records Provisions).
17.1018.4 If the Authority believes that publication of any element of the Transparency Information would be contrary to the public interest, the Authority shall be entitled to exclude such information from publication. The Purchaser Authority acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information in its entirety. Accordingly, the Authority acknowledges that it will only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information from publication it will provide a clear explanation to the Supplier.
18.5 The Authority shall publish and maintain an up-to-date version of the Transparency Information in a format that is readily accessible and assists the general public in understanding the relevance and completeness of the information being published to ensure the public obtain a fair view on how the this Agreement is being performed, having regard to the context of the wider commercial relationship with the Supplier.
17.11. 18.6 The Supplier agrees that any further Information it holds that is not included in the Transparency Reports but is reasonably relevant to or that arises from the provision of the Services shall be provided to the Purchaser upon request, Authority on request unless the cost of doing so would exceed the appropriate limit prescribed under section 12 of FOISAthe FOIA. The Purchaser Authority may disclose such information under FOISA the FOIA and the EIRs and may (except for Commercially Sensitive Information, Confidential Information (subject to clause 19.3.3Clause 17.6(c)) and Open Book Data) publish such Information. The Supplier shall provide to the Authority within five (5) Working Days (or such other period as the Authority may reasonably specify) any such Information requested by the Authority.
18.7 The Supplier acknowledges that the Authority is subject to the requirements of the FOIA and the EIRs. The Supplier shall:
(a) provide all necessary assistance and cooperation as reasonably requested by the Authority to enable the Authority to comply with its obligations under the FOIA and EIRs;
(b) transfer to the Authority all Requests for Information relating to this Agreement that it receives as soon as practicable and in any event within two
Appears in 1 contract
Sources: Recruitment Services Agreement
Transparency and Freedom of Information. 17.1. 17.1 The Supplier acknowledges that the Purchaser Network Rail is subject to the requirements of FOISA the FOIA and the Environmental Information RegulationsEIRs. The Supplier shall:
a. 17.1.1 provide all necessary assistance and cooperation as the Purchaser may reasonably request requested by Network Rail to enable the Purchaser Network Rail to comply with its obligations under FOISA the FOIA and Environmental Information RegulationsEIRs;
b. 17.1.2 transfer to the Purchaser Network Rail all Requests for Information relating to this Framework Agreement and/or the Call-Off Contracts that the Supplier it receives as soon as practicable and in any event within 2 two (2) Working Days of receipt;
c. 17.1.3 provide the Purchaser Network Rail with a copy of all information Information held on behalf of the Purchaser Network Rail which is requested in a Request For Information and which is in the Supplier’s its possession or control. The information must be provided control in the form that Network Rail requires within 5 five (5) Working Days (or such other period as the Purchaser Network Rail may reasonably specify) in the form that the Purchaser requires.of Network Rail's request for such Information; and
d. 17.1.4 not respond directly to a Request For Information addressed to the Purchaser Network Rail unless authorised in writing to do so by the PurchaserNetwork Rail.
17.2. If the Request for Information appears to be directed to information held by the Purchaser, the Supplier must promptly inform the applicant in writing that the Request for Information can be directed to the Purchaser.
17.3. If the Purchaser receives a Request for Information concerning the Contract, the Purchaser is responsible for determining at its absolute discretion whether the information requested is to be disclosed to the applicant or whether the information requested is exempt from disclosure in accordance with FOISA or the Environmental Information Regulations.
17.4. 17.2 The Supplier acknowledges that Network Rail may be required under the Purchaser may, acting FOIA and EIRs to disclose Information (including Commercially Sensitive Information) without consulting or obtaining consent from the Supplier. Network Rail shall take reasonable steps to notify the Supplier of a Request For Information (in accordance with the PurchaserSecretary of State’s section 45 Code of Practice on the Discharge of the Functions of Public Authorities issued under section 60(5) of FOISA (as may be issued and revised from time to time), be obliged under FOISA or the Environmental Information Regulations to disclose information requested concerning the Supplier or the Contract:
17.4.1 in certain circumstances without consulting the Supplier, or
17.4.2 following consultation with the Supplier and having taken its views into account.
17.5. Where 17.4.1 applies the Purchaser must take reasonable steps, if practicable, to give the Supplier advance notice Part 1 of the fact of disclosure or, failing that, draw the fact of disclosure to the attention of the Supplier after such disclosure FOIA) to the extent that it is permissible and reasonably practical for it to dodo so but (notwithstanding any other provision in this Framework Agreement or the Call-Off Contracts) Network Rail shall be responsible for determining in its absolute discretion whether any Commercially Sensitive Information and/or any other information is exempt from disclosure in accordance with the FOIA and the EIRs.
17.6. Where a Request for Information concerns Supplier Sensitive Information specified in Schedule 6 Part 1 (having regard to 17.3 The Parties acknowledge that
17.3.1 the justifications and durations set out there), the Purchaser must take reasonable steps, where practicable, to consult with the Supplier before disclosing it pursuant to a Request for Information.Transparency Reports; and
17.7. The Supplier acknowledges that Transparency Reports and 17.3.2 the content of this Agreement Agreement, including any Amendments, changes to this Agreement agreed from time to time, except for:
17.3.2.1 any information which is exempt from disclosure in accordance with the provisions of the FOIA, which shall be determined by Network Rail;
17.3.2.2 Commercially Sensitive Information; and
17.3.2.3 the Publishable Performance Information, (together the “Transparency Information”) are not Supplier Sensitive Confidential Information. However, if the Purchaser believes that publication of any element of the Transparency Information should be treated as Supplier Sensitive Information the Purchaser may, in its discretion exclude such information from publication.
17.8. 17.4 Notwithstanding any other provision of this Agreement, the Supplier hereby gives its consent for the Purchaser Network Rail to publish to the general public, public the Transparency Information in its entiretyentirety (but with any information which is exempt from disclosure in accordance with the provisions of the FOIA redacted). The Purchaser Network Rail shall, prior to publication, consult with the Supplier on the manner and format of publication and to inform its decision regarding any redactions but shall have the final decision in its absolute discretion.
17.9. 17.5 The Supplier shall assist and co-operate with the Purchaser Network Rail to enable the Purchaser Network Rail to publish the Transparency Information Information, including the preparation of the Transparency ReportsReports in accordance with Schedule 13 (Reports and Records Provisions) of the Call-Off Terms.
17.1017.6 If Network Rail believes that publication of any element of the Transparency Information would be contrary to the public interest, Network Rail shall be entitled to exclude such information from publication. The Purchaser Network Rail acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information in its entirety. Accordingly, Network Rail acknowledges that it will only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information from publication it will provide a clear explanation to the Supplier.
17.7 Network Rail shall publish the Transparency Information in a format that assists the general public in understanding the relevance and completeness of the information being published to ensure the public obtain a fair view on how the Agreement is being performed, having regard to the context of the wider commercial relationship with the Supplier.
17.11. 17.8 The Supplier agrees that any further Information it holds that is not included in the Transparency Reports but is reasonably relevant to or that arises from the provision of the Services shall be provided to the Purchaser upon request, Network Rail on request unless the cost of doing so would exceed the appropriate limit prescribed under section 12 of FOISAthe FOIA. The Purchaser Network Rail may disclose such information under FOISA the FOIA and the EIRs and may (except for Commercially Sensitive Information, Confidential Information (subject to clause 19.3.3)16) publish such Information. The Supplier shall provide to Network Rail within five (5) Working Days (or such other period as Network Rail may reasonably specify) any such Information requested by Network Rail.
Appears in 1 contract
Sources: Framework Agreement
Transparency and Freedom of Information. 17.1.
27.3.1 The Supplier acknowledges that Parties acknowledge that
(a) the Purchaser is subject to Transparency Reports; and
(b) the requirements content of FOISA and the Environmental Information Regulations. The Supplier shall:
a. provide all necessary assistance and cooperation as the Purchaser may reasonably request to enable the Purchaser to comply with its obligations under FOISA and Environmental Information Regulations;
b. transfer to the Purchaser all Requests for Information relating this Dynamic Purchasing System Agreement, including any changes to this Dynamic Purchasing System Agreement that the Supplier receives as soon as practicable and in agreed from time to time, except for –
(i) any event within 2 Working Days of receipt;
c. provide the Purchaser with a copy of all information held on behalf of the Purchaser which is requested in a Request For Information and which is in the Supplier’s possession or control. The information must be provided within 5 Working Days (or such other period as the Purchaser may reasonably specify) in the form that the Purchaser requires.
d. not respond directly to a Request For Information addressed to the Purchaser unless authorised in writing to do so by the Purchaser.
17.2. If the Request for Information appears to be directed to information held by the Purchaser, the Supplier must promptly inform the applicant in writing that the Request for Information can be directed to the Purchaser.
17.3. If the Purchaser receives a Request for Information concerning the Contract, the Purchaser is responsible for determining at its absolute discretion whether the information requested is to be disclosed to the applicant or whether the information requested is exempt from disclosure in accordance with FOISA or the Environmental Information Regulations.
17.4. The Supplier acknowledges that the Purchaser may, acting in accordance with the Purchaser’s Code of Practice on the Discharge of Functions of Public Authorities issued under section 60(5) of FOISA (as may be issued and revised from time to time), be obliged under FOISA or the Environmental Information Regulations to disclose information requested concerning the Supplier or the Contract:
17.4.1 in certain circumstances without consulting the Supplier, or
17.4.2 following consultation with the Supplier and having taken its views into account.
17.5. Where 17.4.1 applies the Purchaser must take reasonable steps, if practicable, to give the Supplier advance notice provisions of the fact of disclosure orFOIA, failing that, draw which shall be determined by the fact of disclosure to the attention of the Supplier after such disclosure to the extent that it is permissible and reasonably practical for it to do.
17.6. Where a Request for Information concerns Supplier Sensitive Information specified in Schedule 6 Part 1 (having regard to the justifications and durations set out there), the Purchaser must take reasonable steps, where practicable, to consult with the Supplier before disclosing it pursuant to a Request for Information.
17.7. The Supplier acknowledges that Transparency Reports and the content of this Agreement including any Amendments, agreed from time to time, Authority; (together the “Transparency Information”) are not Supplier Sensitive Confidential Information. However, if the Purchaser believes that publication of any element of the Transparency Information should be treated as Supplier Sensitive Information the Purchaser may, in its discretion exclude such information from publication.
17.8. 27.3.2 Notwithstanding any other provision of this Dynamic Purchasing System Agreement, the Supplier hereby gives its consent for the Purchaser Authority to publish to the general public, public the Transparency Information in its entiretyentirety (but with any information which is exempt from disclosure in accordance with the provisions of the FOIA redacted). The Purchaser Authority shall, prior to publication, consult with the Supplier on the manner and format of publication and to inform its decision regarding any redactions but shall have the final decision in its absolute discretion.
17.9. 27.3.3 The Supplier shall assist and co-operate with the Purchaser Authority to enable the Purchaser Authority to publish the Transparency Information Information, including the preparation of the Transparency Reports in accordance with Schedule 22 (Transparency Reports).
17.1027.3.4 If the Authority believes that publication of any element of the Transparency Information would be contrary to the public interest, the Authority shall be entitled to exclude such information from publication. The Purchaser Authority acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information in its entirety. Accordingly, the Authority acknowledges that it will only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information from publication it will provide a clear explanation to the Supplier.
27.3.5 The Authority shall publish the Transparency Information in a format that assists the general public in understanding the relevance and completeness of the information being published to ensure the public obtain a fair view on how the Dynamic Purchasing System Agreement is being performed, having regard to the context of the wider commercial relationship with the Supplier.
17.11. 27.3.6 The Supplier agrees that any further Information it holds that is not included in the Transparency Reports but is reasonably relevant to or that arises from the provision of the Services shall be provided to the Purchaser upon request, Authority on request unless the cost of doing so would exceed the appropriate limit prescribed under section 12 of FOISAthe FOIA. The Purchaser Authority may disclose such information under FOISA the FOIA and the EIRs and may (except for Commercially Sensitive Information, Confidential Information (subject to clause 19.3.3Clause (c)) and Open Book Data) publish such Information. The Supplier shall provide to the Authority within 5 working days (or such other period as the Authority may reasonably specify) any such Information requested by the Authority.
27.3.7 The Supplier acknowledges that the Authority is subject to the requirements of the FOIA and the EIRs. The Supplier shall:
(a) provide all necessary assistance and cooperation as reasonably requested by the Authority to enable the Authority to comply with its Information disclosure obligations under the FOIA and EIRs;
(b) transfer to the Authority all Requests for Information relating to this Dynamic Purchasing System Agreement that it receives as soon as practicable and in any event within two (2) Working Days of receipt;
(c) provide the Authority with a copy of all Information held on behalf of the Authority requested in the Request for Information which is in the Supplier’s possession or control in the form that the Authority requires within five (5) Working Days (or such other period as the Authority may reasonably specify) of the Authority's request for such Information; and
(d) not respond directly to a Request for Information addressed to the Authority unless authorised in writing to do so by the Authority.
27.3.8 The Supplier acknowledges that the Authority may be required under the FOIA and EIRs to disclose Information (including Commercially Sensitive Information) without consulting or obtaining consent from the Supplier. The Authority shall take reasonable steps to notify the Supplier of a Request for Information (in accordance with the Secretary of State’s Section 45 Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the FOIA) to the extent that it is permissible and reasonably practical for it to do so but (notwithstanding any other provision in this Dynamic Purchasing System Agreement) for the purpose of this Dynamic Purchasing System Agreement, the Authority shall be responsible for determining in its absolute discretion whether any Commercially Sensitive Information and/or any other information is exempt from disclosure in accordance with the FOIA and EIRs.
Appears in 1 contract
Sources: Dynamic Purchasing System Agreement
Transparency and Freedom of Information. 17.1. 18.1 The Supplier acknowledges that Parties acknowledge that
(a) the Purchaser is subject to Transparency Reports; and
(b) the requirements content of FOISA and the Environmental Information Regulations. The Supplier shall:
a. provide all necessary assistance and cooperation as the Purchaser may reasonably request to enable the Purchaser to comply with its obligations under FOISA and Environmental Information Regulations;
b. transfer to the Purchaser all Requests for Information relating this Agreement, including any changes to this Agreement that the Supplier receives as soon as practicable and in agreed from time to time, except for:
(i) any event within 2 Working Days of receipt;
c. provide the Purchaser with a copy of all information held on behalf of the Purchaser which is requested in a Request For Information and which is in the Supplier’s possession or control. The information must be provided within 5 Working Days (or such other period as the Purchaser may reasonably specify) in the form that the Purchaser requires.
d. not respond directly to a Request For Information addressed to the Purchaser unless authorised in writing to do so by the Purchaser.
17.2. If the Request for Information appears to be directed to information held by the Purchaser, the Supplier must promptly inform the applicant in writing that the Request for Information can be directed to the Purchaser.
17.3. If the Purchaser receives a Request for Information concerning the Contract, the Purchaser is responsible for determining at its absolute discretion whether the information requested is to be disclosed to the applicant or whether the information requested is exempt from disclosure in accordance with FOISA or the Environmental Information Regulations.
17.4. The Supplier acknowledges that the Purchaser may, acting in accordance with the Purchaser’s Code of Practice on the Discharge of Functions of Public Authorities issued under section 60(5) of FOISA (as may be issued and revised from time to time), be obliged under FOISA or the Environmental Information Regulations to disclose information requested concerning the Supplier or the Contract:
17.4.1 in certain circumstances without consulting the Supplier, or
17.4.2 following consultation with the Supplier and having taken its views into account.
17.5. Where 17.4.1 applies the Purchaser must take reasonable steps, if practicable, to give the Supplier advance notice provisions of the fact of disclosure orFOIA, failing that, draw which shall be determined by the fact of disclosure to Authority; and
(ii) Commercially Sensitive Information;
(c) the attention of the Supplier after such disclosure to the extent that it is permissible and reasonably practical for it to do.
17.6. Where a Request for Information concerns Supplier Sensitive Information specified in Schedule 6 Part 1 (having regard to the justifications and durations set out there), the Purchaser must take reasonable steps, where practicable, to consult with the Supplier before disclosing it pursuant to a Request for Publishable Performance Information.
17.7. The Supplier acknowledges that Transparency Reports and the content of this Agreement including any Amendments, agreed from time to time, (together the “Transparency Information”) are not Supplier Sensitive Confidential Information. However, if the Purchaser believes that publication of any element of the Transparency Information should be treated as Supplier Sensitive Information the Purchaser may, in its discretion exclude such information from publication.
17.8. 18.2 Notwithstanding any other provision of this Agreement, the Supplier hereby gives its consent for the Purchaser Authority to publish to the general public, public the Transparency Information in its entiretyentirety (but with any information which is exempt from disclosure in accordance with the provisions of the FOIA redacted). The Purchaser Authority shall, prior to publication, consult with the Supplier on the manner and format of publication and to inform its decision regarding any redactions but shall have the final decision in its absolute discretion.
17.9. 18.3 The Supplier shall assist and co-operate with the Purchaser Authority to enable the Purchaser Authority to publish the Transparency Information Information, including the preparation of the Transparency ReportsReports in accordance with Paragraph 1 of Schedule 8.4 (Reports and Records Provisions).
17.1018.4 If the Authority believes that publication of any element of the Transparency Information would be contrary to the public interest, the Authority shall be entitled to exclude such information from publication. The Purchaser Authority acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information in its entirety. Accordingly, the Authority acknowledges that it will only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information from publication it will provide a clear explanation to the Supplier.
18.5 The Authority shall publish the Transparency Information in a format that assists the general public in understanding the relevance and completeness of the information being published to ensure the public obtain a fair view on how the Agreement is being performed, having regard to the context of the wider commercial relationship with the Supplier.
17.11. 18.6 The Supplier agrees that any further Information it holds that is not included in the Transparency Reports but is reasonably relevant to or that arises from the provision of the Services shall be provided to the Purchaser upon request, Authority on request unless the cost of doing so would exceed the appropriate limit prescribed under section 12 of FOISAthe FOIA. The Purchaser Authority may disclose such information under FOISA the FOIA and the EIRs and may (except for Commercially Sensitive Information, Confidential Information (subject to clause 19.3.3Clause 17.6(c)) and Open Book Data) publish such Information. The Supplier shall provide to the Authority within five (5) working days (or such other period as the Authority may reasonably specify) any such Information requested by the Authority.
18.7 The Supplier acknowledges that the Authority is subject to the requirements of the FOIA and the EIRs. The Supplier shall:
(a) provide all necessary assistance and cooperation as reasonably requested by the Authority to enable the Authority to comply with its obligations under the FOIA and EIRs;
(b) transfer to the Authority all Requests for Information relating to this Agreement that it receives as soon as practicable and in any event within two
Appears in 1 contract
Sources: Recruitment Services Agreement
Transparency and Freedom of Information. 17.1. 20.1 The Supplier acknowledges that the Purchaser is subject to the requirements of FOISA and the Environmental Information Regulations. The Supplier shallParties acknowledge that:
a. provide all necessary assistance and cooperation as (a) the Purchaser may reasonably request to enable the Purchaser to comply with its obligations under FOISA and Environmental Information RegulationsTransparency Reports;
b. transfer to (b) the Purchaser all Requests for Information relating content of this Contract, including any changes to this Agreement that the Supplier receives as soon as practicable and in Contract agreed from time to time, except for –
(i) any event within 2 Working Days of receipt;
c. provide the Purchaser with a copy of all information held on behalf of the Purchaser which is requested in a Request For Information and which is in the Supplier’s possession or control. The information must be provided within 5 Working Days (or such other period as the Purchaser may reasonably specify) in the form that the Purchaser requires.
d. not respond directly to a Request For Information addressed to the Purchaser unless authorised in writing to do so by the Purchaser.
17.2. If the Request for Information appears to be directed to information held by the Purchaser, the Supplier must promptly inform the applicant in writing that the Request for Information can be directed to the Purchaser.
17.3. If the Purchaser receives a Request for Information concerning the Contract, the Purchaser is responsible for determining at its absolute discretion whether the information requested is to be disclosed to the applicant or whether the information requested is exempt from disclosure in accordance with FOISA or the Environmental Information Regulations.
17.4. The Supplier acknowledges that the Purchaser may, acting in accordance with the Purchaser’s Code of Practice on the Discharge of Functions of Public Authorities issued under section 60(5) of FOISA (as may be issued and revised from time to time), be obliged under FOISA or the Environmental Information Regulations to disclose information requested concerning the Supplier or the Contract:
17.4.1 in certain circumstances without consulting the Supplier, or
17.4.2 following consultation with the Supplier and having taken its views into account.
17.5. Where 17.4.1 applies the Purchaser must take reasonable steps, if practicable, to give the Supplier advance notice provisions of the fact of disclosure orFOIA, failing that, draw which shall be determined by the fact of disclosure to Authority; and
(ii) Commercially Sensitive Information; and
(c) the attention of the Supplier after such disclosure to the extent that it is permissible and reasonably practical for it to do.
17.6. Where a Request for Publishable Performance Information concerns Supplier Sensitive Information specified in Schedule 6 Part 1 (having regard to the justifications and durations set out there), the Purchaser must take reasonable steps, where practicable, to consult with the Supplier before disclosing it pursuant to a Request for Information.
17.7. The Supplier acknowledges that Transparency Reports and the content of this Agreement including any Amendments, agreed from time to time, (together the “Transparency Information”) are not Supplier Sensitive Confidential Information. However, if the Purchaser believes that publication of any element of the Transparency Information should be treated as Supplier Sensitive Information the Purchaser may, in its discretion exclude such information from publication.
17.8. 20.2 Notwithstanding any other provision of this AgreementContract, the Supplier hereby gives its consent for the Purchaser Authority to publish to the general public, public the Transparency Information in its entiretyentirety (but with any information which is exempt from disclosure in accordance with the provisions of the FOIA redacted). The Purchaser Authority shall, prior to publication, consult with the Supplier on the manner and format of publication and to inform its decision regarding any redactions but shall have the final decision in its absolute discretion.
17.9. 20.3 The Supplier shall assist and co-operate with the Purchaser Authority to enable the Purchaser Authority to publish the Transparency Information Information, including the preparation of the Transparency ReportsReports in accordance with Paragraph 1 of Schedule 24 (Reports and Records Provisions).
17.1020.4 If the Authority believes that publication of any element of the Transparency Information would be contrary to the public interest, the Authority shall be entitled to exclude such information from publication. The Purchaser Authority acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information in its entirety. Accordingly, the Authority acknowledges that it will only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information from publication it will provide a clear explanation to the Supplier.
20.5 The Authority shall publish the Transparency Information in a format that assists the general public in understanding the relevance and completeness of the information being published to ensure the public obtain a fair view on how the Agreement Contract is being performed, having regard to the context of the wider commercial relationship with the Supplier.
17.11. 20.6 The Supplier agrees that any further Information it holds that is not included in the Transparency Reports but is reasonably relevant to or that arises from the provision of the Services shall be provided to the Purchaser upon request, Authority on request unless the cost of doing so would exceed the appropriate limit prescribed under section 12 of FOISAthe FOIA. The Purchaser Authority may disclose such information under FOISA the FOIA and the EIRs and may (except for Commercially Sensitive Information, Confidential Information (subject to clause 19.3.3Clause 19.6(c)) and Open Book Data) publish such Information. The Supplier shall provide to the Authority within five
Appears in 1 contract
Sources: Model Services Contract
Transparency and Freedom of Information. 17.1. 28.3.1 The Supplier acknowledges that Parties acknowledge that
(a) the Purchaser is subject to Transparency Reports; and
(b) the requirements content of FOISA and the Environmental Information Regulations. The Supplier shall:
a. provide all necessary assistance and cooperation as the Purchaser may reasonably request to enable the Purchaser to comply with its obligations under FOISA and Environmental Information Regulations;
b. transfer to the Purchaser all Requests for Information relating this Framework Agreement, including any changes to this Framework Agreement that the Supplier receives as soon as practicable and in agreed from time to time, except for –
(i) any event within 2 Working Days of receipt;
c. provide the Purchaser with a copy of all information held on behalf of the Purchaser which is requested in a Request For Information and which is in the Supplier’s possession or control. The information must be provided within 5 Working Days (or such other period as the Purchaser may reasonably specify) in the form that the Purchaser requires.
d. not respond directly to a Request For Information addressed to the Purchaser unless authorised in writing to do so by the Purchaser.
17.2. If the Request for Information appears to be directed to information held by the Purchaser, the Supplier must promptly inform the applicant in writing that the Request for Information can be directed to the Purchaser.
17.3. If the Purchaser receives a Request for Information concerning the Contract, the Purchaser is responsible for determining at its absolute discretion whether the information requested is to be disclosed to the applicant or whether the information requested is exempt from disclosure in accordance with FOISA or the Environmental Information Regulations.
17.4. The Supplier acknowledges that the Purchaser may, acting in accordance with the Purchaser’s Code of Practice on the Discharge of Functions of Public Authorities issued under section 60(5) of FOISA (as may be issued and revised from time to time), be obliged under FOISA or the Environmental Information Regulations to disclose information requested concerning the Supplier or the Contract:
17.4.1 in certain circumstances without consulting the Supplier, or
17.4.2 following consultation with the Supplier and having taken its views into account.
17.5. Where 17.4.1 applies the Purchaser must take reasonable steps, if practicable, to give the Supplier advance notice provisions of the fact of disclosure orFOIA, failing that, draw which shall be determined by the fact of disclosure to the attention of the Supplier after such disclosure to the extent that it is permissible and reasonably practical for it to do.Authority; and
17.6. Where a Request for Information concerns Supplier (ii) Commercially Sensitive Information specified in Schedule 6 Part 1 (having regard to the justifications and durations set out there), the Purchaser must take reasonable steps, where practicable, to consult with the Supplier before disclosing it pursuant to a Request for Information.
17.7. The Supplier acknowledges that Transparency Reports and the content of this Agreement including any Amendments, agreed from time to time, ; (together the “Transparency Information”) are not Supplier Sensitive Confidential Information. However, if the Purchaser believes that publication of any element of the Transparency Information should be treated as Supplier Sensitive Information the Purchaser may, in its discretion exclude such information from publication.
17.8. 28.3.2 Notwithstanding any other provision of this Framework Agreement, the Supplier hereby gives its consent for the Purchaser Authority to publish to the general public, public the Transparency Information in its entiretyentirety (but with any information which is exempt from disclosure in accordance with the provisions of the FOIA redacted). The Purchaser Authority shall, prior to publication, consult with the Supplier on the manner and format of publication and to inform its decision regarding any redactions but shall have the final decision in its absolute discretion.
17.9. 28.3.3 The Supplier shall assist and co-operate with the Purchaser Authority to enable the Purchaser Authority to publish the Transparency Information Information, including the preparation of the Transparency Reports in accordance with Schedule 22 (Transparency Reports).
17.1028.3.4 If the Authority believes that publication of any element of the Transparency Information would be contrary to the public interest, the Authority shall be entitled to exclude such information from publication. The Purchaser Authority acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information in its entirety. Accordingly, the Authority acknowledges that it will only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information from publication it will provide a clear explanation to the Supplier.
28.3.5 The Authority shall publish the Transparency Information in a format that assists the general public in understanding the relevance and completeness of the information being published to ensure the public obtain a fair view on how the Framework Agreement is being performed, having regard to the context of the wider commercial relationship with the Supplier.
17.11. The Supplier agrees that any further Information it holds that is not included in the Transparency Reports but is reasonably relevant to or that arises from the provision of the Services shall be provided to the Purchaser upon request, unless the cost of doing so would exceed the appropriate limit prescribed under section 12 of FOISA. The Purchaser may disclose such information under FOISA and the EIRs and may (except for Commercially Sensitive Information, Confidential Information (subject to clause 19.3.3)
Appears in 1 contract
Sources: Framework Agreement for the Provision of Managed Learning Service
Transparency and Freedom of Information. 17.1. The Supplier acknowledges Parties acknowledge that the Purchaser is subject to Transparency Reports; the requirements content of FOISA and the Environmental Information Regulations. The Supplier shall:
a. provide all necessary assistance and cooperation as the Purchaser may reasonably request to enable the Purchaser to comply with its obligations under FOISA and Environmental Information Regulations;
b. transfer to the Purchaser all Requests for Information relating this Contract, including any changes to this Agreement that the Supplier receives as soon as practicable and in Contract agreed from time to time, except for – any event within 2 Working Days of receipt;
c. provide the Purchaser with a copy of all information held on behalf of the Purchaser which is requested in a Request For Information and which is in the Supplier’s possession or control. The information must be provided within 5 Working Days (or such other period as the Purchaser may reasonably specify) in the form that the Purchaser requires.
d. not respond directly to a Request For Information addressed to the Purchaser unless authorised in writing to do so by the Purchaser.
17.2. If the Request for Information appears to be directed to information held by the Purchaser, the Supplier must promptly inform the applicant in writing that the Request for Information can be directed to the Purchaser.
17.3. If the Purchaser receives a Request for Information concerning the Contract, the Purchaser is responsible for determining at its absolute discretion whether the information requested is to be disclosed to the applicant or whether the information requested is exempt from disclosure in accordance with FOISA or the Environmental Information Regulations.
17.4. The Supplier acknowledges that the Purchaser may, acting in accordance with the Purchaser’s Code of Practice on the Discharge of Functions of Public Authorities issued under section 60(5) of FOISA (as may be issued and revised from time to time), be obliged under FOISA or the Environmental Information Regulations to disclose information requested concerning the Supplier or the Contract:
17.4.1 in certain circumstances without consulting the Supplier, or
17.4.2 following consultation with the Supplier and having taken its views into account.
17.5. Where 17.4.1 applies the Purchaser must take reasonable steps, if practicable, to give the Supplier advance notice provisions of the fact of disclosure orFOIA, failing that, draw which shall be determined by the fact of disclosure to the attention of the Supplier after such disclosure to the extent that it is permissible Buyer; and reasonably practical for it to do.
17.6. Where a Request for Information concerns Supplier Commercially Sensitive Information specified in Schedule 6 Part 1 (having regard to the justifications and durations set out there), the Purchaser must take reasonable steps, where practicable, to consult with the Supplier before disclosing it pursuant to a Request for Information.
17.7. The Supplier acknowledges that Transparency Reports ; and the content of this Agreement including any Amendments, agreed from time to time, Publishable Performance Information (together the “Transparency Information”) are not Supplier Sensitive Confidential Information. However, if the Purchaser believes that publication of any element of the Transparency Information should be treated as Supplier Sensitive Information the Purchaser may, in its discretion exclude such information from publication.
17.8. Notwithstanding any other provision of this AgreementContract, the Supplier hereby gives its consent for the Purchaser Buyer to publish to the general public, public the Transparency Information in its entiretyentirety (but with any information which is exempt from disclosure in accordance with the provisions of the FOIA redacted). The Purchaser Buyer shall, prior to publication, consult with the Supplier on the manner and format of publication and to inform its decision regarding any redactions but shall have the final decision in its absolute discretion.
17.9. The Supplier shall assist and co-operate with the Purchaser Buyer to enable the Purchaser Buyer to publish the Transparency Information Information, including the preparation of the Transparency Reports.
17.10Reports in accordance with Paragraph 1 of Schedule 8.4 (Reports and Records Provisions). If the Buyer believes that publication of any element of the Transparency Information would be contrary to the public interest, the Buyer shall be entitled to exclude such information from publication. The Purchaser Buyer acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information in its entirety. Accordingly, the Buyer acknowledges that it will only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information from publication it will provide a clear explanation to the Supplier. The Buyer shall publish the Transparency Information in a format that assists the general public in understanding the relevance and completeness of the information being published to ensure the public obtain a fair view on how the Agreement Contract is being performed, having regard to the context of the wider commercial relationship with the Supplier.
17.11. The Supplier agrees that any further Information it holds that is not included in the Transparency Reports but is reasonably relevant to or that arises from the provision of the Services shall be provided to the Purchaser upon request, Buyer on request unless the cost of doing so would exceed the appropriate limit prescribed under section 12 of FOISAthe FOIA. The Purchaser Buyer may disclose such information under FOISA the FOIA and the EIRs and may (except for Commercially Sensitive Information, Confidential Information (subject to clause 19.3.3Clause 21.6(c)) and Open Book Data) publish such Information. The Supplier shall provide to the Buyer within five (5) Working Days (or such other period as the Buyer may reasonably specify) any such Information requested by the Buyer. The Supplier acknowledges that the Buyer is subject to the requirements of the FOIA and the EIRs. The Supplier shall: provide all necessary assistance and cooperation as reasonably requested by the Buyer to enable the Buyer to comply with its obligations under the FOIA and EIRs; transfer to the Buyer all Requests for Information relating to this Contract that it receives as soon as practicable and in any event within 2 Working Days of receipt; provide the Buyer with a copy of all Information held on behalf of the Buyer which is requested in a Request For Information and which is in its possession or control in the form that the Buyer requires within 5 Working Days (or such other period as the Buyer may reasonably specify) of the Buyer's request for such Information; and not respond directly to a Request For Information addressed to the Buyer unless authorised in writing to do so by the Buyer. The Supplier acknowledges that the Buyer may be required under the FOIA and EIRs to disclose Information (including Commercially Sensitive Information) without consulting or obtaining consent from the Supplier. The Buyer shall take reasonable steps to notify the Supplier of a Request For Information (in accordance with the Secretary of State’s section 45 Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the FOIA) to the extent that it is permissible and reasonably practical for it to do so but (notwithstanding any other provision in this Contract) the Buyer shall be responsible for determining in its absolute discretion whether any Commercially Sensitive Information and/or any other information is exempt from disclosure in accordance with the FOIA and EIRs. PROTECTION OF PERSONAL DATA
Appears in 1 contract
Sources: Call Off Terms