Common use of Transparency Clause in Contracts

Transparency. a. Notwithstanding any other condition of this Contract, and in particular Clause 4, the Contractor understands that the Authority may publish the Transparency Information to the general public. b. Subject to Clause 5.c, the Authority shall publish and maintain an up-to-date version of the Transparency Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's reasonable opinion, 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 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 shall only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate with the Authority as reasonably required to enable the Authority to publish the Transparency Information, in accordance with the principles set out above. Where the Authority publishes Transparency Information, it shall: (1) before publishing redact any information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or the EIR , for the avoidance of doubt, including Sensitive Information; (2) taking into account the Sensitive Information set out in the purchase order, consult with the Contractor where the Authority intends to publish information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or EIR; and (3) present 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 this Contract is being performed.

Appears in 32 contracts

Sources: Contract, Purchase Agreement, Contract for Deployable Infectious Disease Isolation Chamber

Transparency. a. Notwithstanding any other condition term of this Contract, and in particular Clause 4including Condition 13 (Disclosure of Information), the Contractor understands that the Authority may publish the Transparency Information and Publishable Performance Information to the general public. b. Subject to Clause 5.c, clause 12.c the Authority shall publish and maintain an up-to-date version of the Transparency Information and Publishable Performance Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's reasonable opinion, publication of any element of the Transparency Information and Publishable Performance Information would be contrary to the public interest, the Authority shall be entitled to exclude such information Information from publication. The Authority acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information and Publishable Performance Information in its entirety. Accordingly, the Authority acknowledges that it shall only exclude Transparency Information and Publishable Performance Information from publication in exceptional circumstances and agrees that where it decides to exclude information Information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate with the Authority as reasonably required to enable the Authority to publish the Transparency Information and Publishable Performance Information, in accordance with the principles set out above. , including through compliance with the requirements relating to the preparation of Publishable Performance Information set out in clause 12.e to 12. i. Where the Authority publishes Transparency Information, it shall: (1) before publishing publishing, redact any information Information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or Freedom of Information Act 2000 (FOIA) or the EIR Environmental Information Regulations 2004 (EIR), for the avoidance of doubt, including Sensitive Informationinformation; (2) taking into account the Sensitive Information set out in the purchase orderSchedule 5, consult with the Contractor where the Authority intends to publish information Information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or the EIR; and (3) present 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 this Contract is being performed. e. Within three (3) months of the effective date of Contract the Contractor shall provide to the Authority for its approval (such approval shall not be unreasonably withheld or delayed) a draft Publishable Performance Information KPI Data Report consistent with the content requirements of Schedule 9. f. If the Authority rejects any draft Publishable Performance Information the Contractor shall submit a revised version of the relevant KPI Data Report for further approval by the Authority with five (5) business days of receipt of any notice or rejection, taking account of any recommendations for revision and improvement to the report provided by the Authority. This process shall be repeated until the parties have an agreed version of the Publishable Performance Information. g. The Contractor shall provide an accurate and up-to-date version of the KPI Data Report to the Authority for each quarter at the frequency referred to in the agreed Schedule 9. h. Any dispute in connection with the preparation and/or approval of Publishable Performance Information, other than under clause 12.f, shall be resolved in accordance with the dispute resolution procedure provided for in this Contract. i. The requirements of this Condition are in addition to any other reporting requirements in this Contract.

Appears in 19 contracts

Sources: Contract for Psychological, Psychiatric and Therapeutic Services, Contract for Physiotherapy Services, Contract for Provision of Iso Containers

Transparency. a. The Parties acknowledge and agree that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, the content of this Framework Agreement and any Transparency Reports under it is not Confidential Information and shall be made available in accordance with the procurement policy note 13/15 ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇/government/uploads/system/uploads/attachment_data/file/458554/Procurement_Policy_Note_13_15.pdf and the Transparency Principles referred to therein. The Authority shall determine whether any of the content of this Framework Agreement is exempt from disclosure in accordance with the provisions of the FOIA. The Authority may consult with the Supplier to inform its decision regarding any redactions but shall have the final decision in its absolute discretion. Notwithstanding any other condition provision of this Contract, and in particular Clause 4Framework Agreement, the Contractor understands that Supplier hereby gives its consent for the Authority may to publish this Framework Agreement in its entirety (but with any information which is exempt from disclosure in accordance with the Transparency Information to the general public. b. Subject to Clause 5.c, the Authority shall publish and maintain an up-to-date version provisions of the Transparency Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. IfFOIA redacted), in the Authority's reasonable opinion, including any changes to this Framework Agreement agreed from time to time. The Supplier acknowledges that publication of any element of this Framework Agreement will include the Transparency Information would be contrary to the public interest, the Authority shall be entitled to exclude such information from publication. The Authority acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information in its entiretyname and contact details of the Supplier Representative. AccordinglySuch details will not be redacted. By executing this Framework Agreement, the Authority acknowledges Supplier confirms that it shall only exclude Transparency Information from publication in exceptional circumstances and agrees has ensured that where it decides to exclude information from publication on that basis, it will provide a clear statement the Supplier Representative has given their consent to the general public explaining publication of their name and contact details or otherwise taken steps to ensure that publication will not breach the categories Data Protection Act 1998. The name and contact details of information any subsequent Supplier Representative details will also be published and in every such case the Supplier will ensure that have been excluded from consent is obtained or otherwise takes steps to ensure that publication and reasons for withholding that information. d. of those details will not amount to a breach of the Data Protection Act 1998. The Contractor Supplier shall assist and co-operate cooperate with the Authority as reasonably required to enable the Authority to publish this Framework Agreement. Freedom of Information The Supplier acknowledges that the Transparency Authority 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 Authority to enable the Authority to comply with its Information disclosure obligations under the FOIA and EIRs; transfer to the Authority 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; provide the Authority with a copy of all Information belonging to 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 not respond directly to a Request for Information 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 (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 principles set out above. Where 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, the Authority publishes Transparency Information, it shall: (1) before publishing redact shall be responsible for determining in its absolute discretion whether any information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or the EIR , for the avoidance of doubt, including Sensitive Information; (2) taking into account the Commercially Sensitive Information set out in the purchase order, consult with the Contractor where the Authority intends to publish and/or any other information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be is exempt from disclosure in accordance with the FOIA and/or EIR; and (3) present information the EIRs. Protection of Personal Data Where any Personal Data are Processed in a format that assists connection with the general public in understanding the relevance and completeness exercise of the information being published Parties’ rights and obligations under this Framework Agreement, the Parties acknowledge that the Authority is the Data Controller and that the Supplier is the Data Processor. The Supplier shall: Process the Personal Data only in accordance with instructions from the Authority to perform its obligations under this Framework Agreement; ensure that at all times it has in place appropriate technical and organisational measures to guard against unauthorised or unlawful Processing of the Personal Data and/or accidental loss, destruction, or damage to the Personal Data; not disclose or transfer the Personal Data to any third party or Supplier Personnel unless necessary for the provision of the Goods and/or Services and, for any disclosure or transfer of Personal Data to any third party, obtain the prior written consent of the Authority (save where such disclosure or transfer is specifically authorised under this Framework Agreement); take reasonable steps to ensure the public obtain reliability and integrity of any Supplier Personnel who have access to the Personal Data and ensure that the Supplier Personnel: are aware of and comply with the Supplier’s duties under this Clause 27.5.2 and Clause 27.2 (Confidentiality); are informed of the confidential nature of the Personal Data and do not publish, disclose or divulge any of the Personal Data to any third party unless directed in writing to do so by the Authority or as otherwise permitted by this Framework Agreement; and have undergone adequate training in the use, care, protection and handling of personal data (as defined in the DPA); notify the Authority within five (5) Working Days if it receives: from a fair view Data Subject (or third party on their behalf) a Data Subject Access Request (or purported Data Subject Access Request), a request to rectify, block or erase any Personal Data or any other request, complaint or communication relating to the Authority's obligations under the DPA; any communication from the Information Commissioner or any other regulatory authority in connection with Personal Data; or a request from any third party for disclosure of Personal Data where compliance with such request is required or purported to be required by Law; provide the Authority with full cooperation and assistance (within the timescales reasonably required by the Authority) in relation to any complaint, communication or request made (as referred to at Clause 27.5.2(e), including by promptly providing: the Authority with full details and copies of the complaint, communication or request; where applicable, such assistance as is reasonably requested by the Authority to enable the Authority to comply with the Data Subject Access Request within the relevant timescales set out in the DPA; and the Authority, on request by the Authority, with any Personal Data it holds in relation to a Data Subject; and if requested by the Authority, provide a written description of the measures that the Supplier has taken and technical and organisational security measures in place, for the purpose of compliance with its obligations pursuant to this Clause 27.5.2 and provide to the Authority copies of all documentation relevant to such compliance including, protocols, procedures, guidance, training and manuals. The Supplier shall not Process or otherwise transfer any Personal Data in or to any country outside the European Economic Area or any country which is not determined to be adequate by the European Commission pursuant to Article 25(6) of Directive 95/46/EC (together “Restricted Countries”). If, after the Framework Commencement Date, the Supplier or any Sub-Contractor wishes to Process and/or transfer any Personal Data in or to anywhere outside the European Economic Area, the following provisions shall apply: the Supplier shall propose a variation to the Authority which, if it is agreed by the Authority, shall be dealt with in accordance with Clause 19.1 (Variation Procedure) and Clauses 27.5.3(b) to 27.5.3(d); the Supplier shall set out in its proposal to the Authority for a Variation, details of the following: the Personal Data which will be transferred to and/or Processed in or to any Restricted Countries; the Restricted Countries to which the Personal Data will be transferred and/or Processed; and any Sub-Contractors or other third parties who will be Processing and/or receiving Personal Data in Restricted Countries; how the Supplier will ensure an adequate level of protection and adequate safeguards in respect of the Personal Data that will be Processed in and/or transferred to Restricted Countries so as to ensure the Authority’s compliance with the DPA; in providing and evaluating the Variation, the Parties shall ensure that they have regard to and comply with the Authority, Central Government Bodies and Information Commissioner Office policies, procedures, guidance and codes of practice on, and any approvals processes in connection with, the Processing in and/or transfers of Personal Data to any Restricted Countries; and the Supplier shall comply with such other instructions and shall carry out such other actions as the Authority may notify in writing, including: incorporating standard and/or model clauses (which are approved by the European Commission as offering adequate safeguards under the DPA) into this Contract Framework Agreement or a separate data processing agreement between the Parties; and procuring that any Sub-Contractor or other third party who will be Processing and/or receiving or accessing the Personal Data in any Restricted Countries either enters into: a direct data processing agreement with the Authority on such terms as may be required by the Authority; or a data processing agreement with the Supplier on terms which are equivalent to those agreed between the Authority and the Supplier relating to the relevant Personal Data transfer, and the Supplier acknowledges that in each case, this may include the incorporation of model contract provisions (which are approved by the European Commission as offering adequate safeguards under the DPA) and technical and organisation measures which the Authority deems necessary for the purpose of protecting Personal Data. The Supplier shall use its reasonable endeavours to assist the Authority to comply with any obligations under the DPA and shall not perform its obligations under this Framework Agreement in such a way as to cause the Authority to breach any of the Authority’s obligations under the DPA to the extent the Supplier is being performedaware, or ought reasonably to have been aware, that the same would be a breach of such obligations. Subject to Clause 29 (Marketing), the Supplier shall not: make any press announcements or publicise this Framework Agreement in any way; or use the Authority's name or brand in any promotion or marketing or announcement of Orders, without Approval (the decision of the Authority to Approve or not shall not be unreasonably withheld or delayed). Each Party acknowledges to the other that nothing in this Framework Agreement either expressly or by implication constitutes an approval and/or endorsement of any products or services of the other Party (including the Goods and/or Services) and each Party agrees not to conduct itself in such a way as to imply or express any such approval and/or endorsement. The Authority shall be entitled to publicise this Framework Agreement in accordance with any legal obligation upon the Authority, including any examination of this Framework Agreement by the National Audit Office pursuant to the National Audit Act 1983 or otherwise.

Appears in 10 contracts

Sources: Framework Agreement, Framework Agreement, Framework Agreement

Transparency. a. Notwithstanding any other condition term of this Contract, and in particular Clause 4including Condition 13 (Disclosure of Information), the Contractor understands that the Authority may publish the Transparency Information and Publishable Performance Information to the general public. b. Subject to Clause 5.c, clause 12.c the Authority shall publish and maintain an up-to-date version of the Transparency Information and Publishable Performance Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's reasonable opinion, publication of any element of the Transparency Information and Publishable Performance Information would be contrary to the public interest, the Authority shall be entitled to exclude such information Information from publication. The Authority acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information and Publishable Performance Information in its entirety. Accordingly, the Authority acknowledges that it shall only exclude Transparency Information and Publishable Performance Information from publication in exceptional circumstances and agrees that where it decides to exclude information Information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate with the Authority as reasonably required to enable the Authority to publish the Transparency Information and Publishable Performance Information, in accordance with the principles set out above. , including through compliance with the requirements relating to the preparation of Publishable Performance Information set out in clauses 12.e to 12. i. Where the Authority publishes Transparency Information, it shall: (1) before publishing publishing, redact any information Information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or Freedom of Information Act 2000 (FOIA) or the EIR Environmental Information Regulations 2004 (EIR), for the avoidance of doubt, including Sensitive Information; (2) taking into account the Sensitive Information set out in the purchase orderSchedule 5, consult with the Contractor where the Authority intends to publish information Information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or the EIR; and (3) present information in a format that assists the general public in understanding the relevance and completeness of the information Information being published to ensure the public obtain a fair view on how this Contract is being performed. e. Within three (3) months of the effective date of Contract the Contractor shall provide to the Authority for its approval (such approval shall not be unreasonably withheld or delayed) a draft Publishable Performance Information KPI Data Report consistent with the content requirements of Schedule 9. f. If the Authority rejects any draft Publishable Performance Information the Contractor shall submit a revised version of the relevant KPI Data Report for further approval by the Authority with five (5) business days of receipt of any notice or rejection, taking account of any recommendations for revision and improvement to the report provided by the Authority. This process shall be repeated until the parties have an agreed version of the Publishable Performance Information. g. The Contractor shall provide an accurate and up-to-date version of the KPI Data Report to the Authority for each quarter at the frequency referred to in the agreed Schedule 9. h. Any dispute in connection with the preparation and/or approval of Publishable Performance Information, other than under clause 12.f, shall be resolved in accordance with the dispute resolution procedure provided for in this Contract. i. The requirements of this Condition are in addition to any other reporting requirements in this Contract.

Appears in 7 contracts

Sources: Purchase Agreement, Purchase Agreement, Contract

Transparency. a. Notwithstanding any other condition Condition of this Contract, and in particular including Clause 45, the Contractor understands that the Authority may publish the Transparency Information to the general public. b. Subject to Clause 5.c, the Authority shall publish and maintain an up-to-date version of the Transparency Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's reasonable opinion, 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 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 shall only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate cooperate with the Authority as reasonably required to enable the Authority to publish the Transparency Information, in accordance with the principles set out above. Where the Authority publishes Transparency Information, it shall: (1) before publishing redact any information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or or the EIR , for the avoidance of doubtEIR, including the Sensitive Information; (2) taking into account the Sensitive Information set out in the purchase orderSchedule 4, consult with the Contractor where the Authority intends to publish information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or the EIR; and (3) present 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 this Contract is being performed.

Appears in 6 contracts

Sources: Purchase Agreement, Purchase Agreement, Purchase Agreement

Transparency. a. Notwithstanding any other condition of this Contract, and in particular Clause 4, the Contractor understands that the Authority may publish the Transparency Information to the general public. b. Subject to Clause clause 5.c, the Authority shall publish and maintain an up-to-date version of the Transparency Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's reasonable opinion, 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 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 shall only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate with the Authority as reasonably required to enable the Authority to publish the Transparency Information, in accordance with the principles set out above. Where the Authority publishes Transparency Information, it shall: (1) before publishing redact any information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or the EIR , for the avoidance of doubt, including Sensitive Information; (2) taking into account the Sensitive Information set out in the purchase order, consult with the Contractor where the Authority intends to publish information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or EIR; and (3) present 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 this Contract is being performed.

Appears in 5 contracts

Sources: Commercial Enabling Services Contract, Standardised Contracting Terms, Provision of Simplified Technical English Training

Transparency. a. Notwithstanding any other Subject to clause b but notwithstanding condition 14 (Disclosure of this Contract, and in particular Clause 4Information), the Contractor understands that the Authority may publish the Transparency Information to the general public. b. Subject to Clause 5.c, the Authority shall publish and maintain an up-to-date version of the Transparency Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's reasonable opinion, 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 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 shall only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate cooperate with the Authority as reasonably required to enable the Authority to publish the Transparency Information, . Before publishing the Transparency Information to the general public in accordance with the principles set out above. Where clause a, the Authority publishes Transparency Information, it shall: (1) before publishing shall redact any information Information that would be exempt from disclosure if it was the subject of a request for information Information under the FOIA and/or Freedom of Information Act 2000 or the EIR Environmental Information Regulations 2004, for and any Information which has been acknowledged by the Authority at Schedule 5 – Contractor’s Commercially Sensitive Information. The Authority may consult with the Contractor before redacting any Information from the Transparency Information in accordance with clause b. The Contractor acknowledges and accepts that its representations on redactions during consultation may not be determinative and that the decision whether to redact Information is a matter in which the Authority shall exercise its own discretion, subject always to the provisions of the Freedom of Information Act 2000 or the Environmental Information Regulations 2004. For the avoidance of doubt, nothing in this condition 13 shall affect the Contractor’s rights at law. Subject to clauses d, e, h and condition 13 each Party: shall treat in confidence all Information it receives from the other; shall not disclose any of that Information to any third party without the prior written consent of the other Party, which consent shall not unreasonably be withheld, except that the Contractor may disclose Information in confidence, without prior consent, to such persons and to such extent as may be necessary for the performance of the Contract; shall not use any of that Information otherwise than for the purpose of the Contract; and shall not copy any of that Information except to the extent necessary for the purpose of exercising its rights of use and disclosure under the Contract. The Contractor shall take all reasonable precautions necessary to ensure that all Information disclosed to the Contractor by or on behalf of the Authority under or in connection with the Contract: is disclosed to its employees and Subcontractors, only to the extent necessary for the performance of the Contract; and is treated in confidence by them and not disclosed except with the prior written consent of the Authority or used otherwise than for the purpose of performing work or having work performed for the Authority under the Contract or any subcontract. The Contractor shall ensure that its employees are aware of the Contractor’s arrangements for discharging the obligations at clauses a and b before receiving Information and shall take such steps as may be reasonably practical to enforce such arrangements. Clauses a and b shall not apply to any Information to the extent that either Party: exercises rights of use or disclosure granted otherwise than in consequence of, or under, the Contract; has the right to use or disclose the Information in accordance with other Conditions of the Contract; or can show: that the Information was or has become published or publicly available for use otherwise than in breach of any provision of the Contract or any other agreement between the Parties; that the Information was already known to it (without restrictions on disclosure or use) prior to receiving the Information under or in connection with the Contract; that the Information was received without restriction on further disclosure from a third party which lawfully acquired the Information without any restriction on disclosure; or from its records that the same Information was derived independently of that received under or in connection with the Contract; provided that the relationship to any other Information is not revealed. Neither Party shall be in breach of this condition where it can show that any disclosure of Information was made solely and to the extent necessary to comply with a statutory, judicial or parliamentary obligation. Where such a disclosure is made, the Party making the disclosure shall ensure that the recipient of the Information is made aware of and asked to respect its confidentiality. Such disclosure shall in no way diminish the obligations of the Parties under this condition. The Authority may disclose the Information: on a confidential basis to any Central Government Body for any proper purpose of the Authority or of the relevant Central Government Body, which shall include: disclosure to the Cabinet Office and/or HM Treasury for the purpose of ensuring effective cross-Government procurement processes, including Sensitive Information; value for money and related purposes; to Parliament and Parliamentary Committees or if required by any Parliamentary reporting requirement; to the extent that the Authority (2acting reasonably) taking into account the Sensitive Information set out deems disclosure necessary or appropriate in the purchase ordercourse of carrying out its public functions; on a confidential basis to a professional adviser, consultant or other person engaged by any of the entities defined in Schedule 1 (including benchmarking organisations) for any purpose relating to or connected with this Contract; on a confidential basis for the purpose of the exercise of its rights under the Contract; or on a confidential basis to a proposed body in connection with any assignment, novation or disposal of any of its rights, obligations or liabilities under the Contract; and for the purposes of the foregoing, references to disclosure on a confidential basis shall mean disclosure subject to a confidentiality agreement or arrangement containing terms no less stringent than those placed on the Authority under this condition. Before sharing any Information in accordance with clause f, the Authority may redact the Information. Any decision to redact Information made by the Authority shall be final. The Authority shall not be in breach of the Contract where disclosure of Information is made solely and to the extent necessary to comply with the Freedom of Information Act 2000 (the “Act”) or the Environmental Information Regulations 2004 (the “Regulations”). To the extent permitted by the time for compliance under the Act or the Regulations, the Authority shall consult with the Contractor where the Authority intends is considering the disclosure of Information under the Act or the Regulations and, in any event, shall provide prior notification to publish information which has been identified as Sensitive the Contractor of any decision to disclose the Information. For The Contractor acknowledges and accepts that its representations on disclosure during consultation may not be determinative and that the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion decision whether to decide what information shall be published or be exempt from disclosure disclose Information in accordance order to comply with the FOIA and/or EIR; and (3) present information Act or the Regulations is a matter in a format that assists which the general public in understanding Authority shall exercise its own discretion, subject always to the relevance and completeness provisions of the information being published to Act or the Regulations. Nothing in this condition shall affect the Parties' obligations of confidentiality where Information is disclosed orally in confidence. The Contractor shall not and shall ensure that any employee or Subcontractor shall not communicate with representatives of the public obtain a fair view press, television, radio or other media on how this any matter concerning the Contract is being performedunless the Authority has given its prior written consent.

Appears in 4 contracts

Sources: Electrical Services Measured Term Contract (Mtc), Contract for Provision of Naval Stores, Procurement Agreement

Transparency. a. Notwithstanding any other condition term of this Contract, and in particular Clause 4including Condition 13 (Disclosure of Information), the Contractor understands that the Authority may publish the Transparency Information and Publishable Performance Information to the general public. b. Subject to Clause 5.c, clause 12.c the Authority shall publish and maintain an up-to-date version of the Transparency Information and Publishable Performance Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's reasonable opinion, publication of any element of the Transparency Information and Publishable Performance Information would be contrary to the public interest, the Authority shall be entitled to exclude such information Information from publication. The Authority acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information and Publishable Performance Information in its entirety. Accordingly, the Authority acknowledges that it shall only exclude Transparency Information and Publishable Performance Information from publication in exceptional circumstances and agrees that where it decides to exclude information Information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate with the Authority as reasonably required to enable the Authority to publish the Transparency Information and Publishable Performance Information, in accordance with the principles set out above. , including through compliance with the requirements relating to the preparation of i. Where the Authority publishes Transparency Information, it shall: (1) before publishing publishing, redact any information Information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or Freedom of Information Act 2000 (FOIA) or the EIR Environmental Information Regulations 2004 (EIR), for the avoidance of doubt, including Sensitive Informationinformation; (2) taking into account the Sensitive Information set out in the purchase orderSchedule 5, consult with the Contractor where the Authority intends to publish information Information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or the EIR; and (3) present 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 this Contract is being performed. e. Within three (3) months of the effective date of Contract the Contractor shall provide to the Authority for its approval (such approval shall not be unreasonably withheld or delayed) a draft Publishable Performance Information KPI Data Report consistent with the content requirements of Schedule 9. f. If the Authority rejects any draft Publishable Performance Information the Contractor shall submit a revised version of the relevant KPI Data Report for further approval by the Authority with five (5) business days of receipt of any notice or rejection, taking account of any recommendations for revision and improvement to the report provided by the Authority. This process shall be repeated until the parties have an agreed version of the Publishable Performance Information. g. The Contractor shall provide an accurate and up-to-date version of the KPI Data Report to the Authority for each quarter at the frequency referred to in the agreed Schedule 9. h. Any dispute in connection with the preparation and/or approval of Publishable Performance Information, other than under clause 12.f, shall be resolved in accordance with the dispute resolution procedure provided for in this Contract. i. The requirements of this Condition are in addition to any other reporting requirements in this Contract.

Appears in 4 contracts

Sources: Contract, Contract, Contract for the Supply of 3d Metal Printers

Transparency. a. Notwithstanding any other condition Condition of this Contract, and in particular including Clause 45, the Contractor understands that the Authority may publish the Transparency Information to the general public. b. Subject to Clause 5.c4.c, the Authority shall publish and maintain an up-to-date version of the Transparency Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's reasonable opinion, 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 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 shall only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate cooperate with the Authority as reasonably required to enable the Authority to publish the Transparency Information, in accordance with the principles set out above. Where the Authority publishes Transparency Information, it shall: (1) before publishing redact any information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or or the EIR , for the avoidance of doubtEIR, including the Sensitive Information; (2) taking into account the Sensitive Information set out in the purchase orderSchedule 5, consult with the Contractor where the Authority intends to publish information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or the EIR; and (3) present 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 this Contract is being performed.

Appears in 4 contracts

Sources: Purchase Agreement, Purchase Agreement, Purchase Agreement

Transparency. a. The Parties acknowledge and agree that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, the content of this Contract and any Transparency Reports under it is not Confidential Information and shall be made available in accordance with the procurement policy note 13/15 ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇/guidance/g-cloud-suppliers-guide and the Transparency Principles referred to therein. The Customer shall determine whether any of the content of this Contract is exempt from disclosure in accordance with the provisions of the FOIA. The Customer may consult with the Supplier to inform its decision regarding any redactions but shall have the final decision in its absolute discretion. Notwithstanding any other condition provision of this Contract, and in particular Clause 4, the Contractor understands that Supplier hereby gives his consent for the Authority may Customer to publish the Transparency Information to the general public. b. Subject to Clause 5.c, the Authority shall publish and maintain an up-to-date version of the Transparency Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's reasonable opinion, 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 Authority acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information this Contract in its entirety. Accordingly, the Authority acknowledges that it shall only exclude Transparency Information entirety (but with any information which is exempt from publication in exceptional circumstances and agrees that where it decides to exclude information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate with the Authority as reasonably required to enable the Authority to publish the Transparency Information, disclosure in accordance with the principles set out aboveprovisions of the FOIA redacted), including any changes to this Contract agreed from time to time. Where The Supplier shall assist and cooperate with the Authority publishes Transparency Information, it Customer to enable the Customer to publish this Contract. The Supplier acknowledges that the Customer is subject to the requirements of the FOIA and the EIRs. The Supplier shall: (1) before publishing redact any information that would be exempt from : provide all necessary assistance and cooperation as reasonably requested by the Customer to enable the Customer to comply with its Information disclosure if it was the subject of a request for information obligations under the FOIA and/or and EIRs; transfer to the EIR , Customer all Requests for the avoidance of doubt, including Sensitive Information; Information relating to this Contract that it receives as soon as practicable and in any event within two (2) taking into account Working Days of receipt; provide the Customer with a copy of all Information belonging to 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 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 Contract ) the Customer shall be responsible for determining in its absolute discretion whether any Commercially Sensitive Information set out in the purchase order, consult with the Contractor where the Authority intends to publish and/or any other information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be is exempt from disclosure in accordance with the FOIA and/or EIR; and (3) present 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 this Contract is being performedEIRs.

Appears in 3 contracts

Sources: Contract Order Form and Contract Terms for Goods and/or Services (Non Ict), Contract Order Form, Contract Order Form and Contract Terms

Transparency. a. Notwithstanding any other condition Condition of this Contract, and in particular including Clause 45, the Contractor understands that the Authority may publish the Transparency Information to the general public. b. Subject to Clause 5.c4.c, the Authority shall publish and maintain an up-to-date version of the Transparency Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's reasonable opinion, 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 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 shall only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate cooperate with the Authority as reasonably required to enable the Authority to publish the Transparency Information, in accordance with the principles set out above. Where the Authority publishes Transparency Information, it shall: (1) before publishing redact any information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or or the EIR , for the avoidance of doubtEIR, including the Sensitive Information; (2) taking into account the Sensitive Information set out in the purchase orderSchedule 4, consult with the Contractor where the Authority intends to publish information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or the EIR; and (3) present 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 this Contract is being performed.

Appears in 3 contracts

Sources: Purchase Agreement, Contract Purchase Agreement, Purchase Agreement

Transparency. a. Notwithstanding any other condition term of this Contract, and in particular Clause 4including Condition 13 (Disclosure of Information), the Contractor understands that the Authority may publish the Transparency Information and Publishable Performance Information to the general public. b. Subject to Clause 5.c, clause 12.c the Authority shall publish and maintain an up-to-date version of the Transparency Information and Publishable Performance Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's ’s reasonable opinion, publication of any element of the Transparency Information and Publishable Performance Information would be contrary to the public interest, the Authority shall be entitled to exclude such information Information from publicationPublication. The Authority acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information and Publishable Performance Information in its entirety. Accordingly, the Authority acknowledges that it shall only exclude Transparency Information and Publishable Performance Information from publication in exceptional circumstances and agrees that where it decides to exclude information Information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate with the Authority as reasonably required to enable the Authority to publish the Transparency Information and Publishable Performance Information, in accordance with the principles set out above. , including through compliance with the requirements relating to the preparation of Publishable Performance Information set out in clauses 12.e to 12. i. Where the Authority publishes Transparency Information, it shall: (1) before publishing Before publishing, redact any information Information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or Freedom of Information Act 2000 (FOIA) or the EIR Environmental Information Regulations 2004 (EIR), for the avoidance of doubt, including Sensitive Information; (2) taking into Taking account the Sensitive Information set out in the purchase orderSchedule 5, consult with the Contractor where the Authority intends to publish information Information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or the EIR; and (3) present Present information in a format that assists the general public in understanding the relevance and completeness of the information Information being published to ensure the public obtain a fair view on how this Contract is being performed. e. Within three (3) months of the effective date of Contract the Contractor shall provide to the Authority for its approval (such approval shall not be unreasonably withheld or delayed) a draft Publishable Performance Information KPI Data Report consistent with the content requirements of Schedule 9. f. If the Authority rejects any draft Publishable Performance Information the Contractor shall submit a revised version of the relevant KPI Data Report for further approval by the Authority within five (5) business days of receipt of any notice or rejection, taking account of any recommendations for revision and improvement to the report provided by the Authority. This process shall be repeated until the parties have an agreed version of the Publishable Performance Information. g. The Contractor shall provide an accurate and up-to-date version of the KPI Data Report to the Authority for each quarter at the frequency referred to in the agreed Schedule 9. h. Any dispute in connection with the preparation and/or approval of Publishable Performance Information, other than under clause 12.f, shall be resolved in accordance with the dispute resolution procedure provided for in this Contract. i. The requirements of this Condition are in addition to any other reporting requirements in this Contract.

Appears in 2 contracts

Sources: Terms and Conditions, Supply Agreement

Transparency. a. Notwithstanding any other condition of this Contract, and in particular Clause 4including 531 (SC1), the Contractor understands that the Authority may publish the Transparency Information to the general public. . b. Subject to Clause 5.c, the Authority shall publish and maintain an up-to-date version of the Transparency Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's reasonable opinion, 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 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 shall only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate with the Authority as reasonably required to enable the Authority to publish the Transparency Information, in accordance with the principles set out above. Where the Authority publishes Transparency Information, it shall: (1) before publishing redact any information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or the EIR , for the avoidance of doubt, including the Sensitive Information;. (2) taking into account the Sensitive Information set out in the purchase orderSchedule 4, consult with the Contractor where the Authority intends to publish information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or the EIR; and (3) present 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 this Contract is being performed.

Appears in 2 contracts

Sources: Purchase Agreement, Contract for a Collaborative Robot

Transparency. a. Notwithstanding any other condition term of this Contract, and in particular Clause 4including Condition 13 (Disclosure of Information), the Contractor understands that the Authority may publish the Transparency Information and Publishable Performance Information to the general public. b. Subject to Clause 5.c, clause 12.c the Authority shall publish and maintain an up-to-date version of the Transparency Information and Publishable Performance Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's reasonable opinion, publication of any element of the Transparency Information and Publishable Performance Information would be contrary to the public interest, the Authority shall be entitled to exclude such information Information from publication. The Authority acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information and Publishable Performance Information in its entirety. Accordingly, the Authority acknowledges that it shall only exclude Transparency Information and Publishable Performance Information from publication in exceptional circumstances and agrees that where it decides to exclude information Information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate with the Authority as reasonably required to enable the Authority to publish the Transparency Information and Publishable Performance Information, in accordance with the principles set out above. , including through compliance with the requirements relating to the preparation of Publishable Performance Information set out in clause 12.e to 12. i. Where the Authority publishes Transparency Information, it shall: (1) before publishing publishing, redact any information Information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or Freedom of Information Act 2000 (FOIA) or the EIR Environmental Information Regulations 2004 (EIR), for the avoidance of doubt, including Sensitive Information;information. (2) taking into account the Sensitive Information set out in the purchase orderSchedule 5, consult with the Contractor where the Authority intends to publish information Information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or the EIR; and (3) present 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 this Contract is being performed.

Appears in 2 contracts

Sources: Terms and Conditions Contract, Terms and Conditions Contract

Transparency. a. Notwithstanding any other condition term of this Contract, and in particular Clause 4including Condition 13 (Disclosure of Information), the Contractor understands that the Authority may publish the Transparency Information and Publishable Performance Information to the general public. b. Subject to Clause 5.c, clause 12.c the Authority shall publish and maintain an up-to-date version of the Transparency Information and Publishable Performance Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's reasonable opinion, publication of any element of the Transparency Information and Publishable Performance Information would be contrary to the public interest, the Authority shall be entitled to exclude such information Information from publication. The Authority acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information and Publishable Performance Information in its entirety. Accordingly, the Authority acknowledges that it shall only exclude Transparency Information and Publishable Performance Information from publication in exceptional circumstances and agrees that where it decides to exclude information Information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate with the Authority as reasonably required to enable the Authority to publish the Transparency Information and Publishable Performance Information, in accordance with the principles set out above. , including through compliance with the requirements relating to the preparation of Publishable Performance Information set out in clause 12.e to 12. i. Where the Authority publishes Transparency Information, it shall: (1) before publishing publishing, redact any information Information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or Freedom of Information Act 2000 (FOIA) or the EIR Environmental Information Regulations 2004 (EIR), for the avoidance of doubt, including Sensitive Informationinformation; (2) taking into account the Sensitive Information set out in the purchase orderSchedule 5, consult with the Contractor where the Authority intends to publish information Information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or the EIR; and (3) present 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 this Contract is being performed. e. Within three (3) months of the effective date of Contract the Contractor shall provide to the Authority for its approval (such approval shall not be unreasonably withheld or delayed) a draft Publishable Performance Information KPI Data Report consistent with the content requirements of Schedule 9 f. If the Authority rejects any draft Publishable Performance Information the Contractor shall submit a revised version of the relevant KPI Data Report for further approval by the Authority with five (5) business days of receipt of any notice or rejection, taking account of any recommendations for revision and improvement to the report provided by the Authority. This process shall be repeated until the parties have an agreed version of the Publishable Performance Information. g. The Contractor shall provide an accurate and up-to-date version of the KPI Data Report to the Authority for each quarter at the frequency referred to in the agreed Schedule 9. h. Any dispute in connection with the preparation and/or approval of Publishable Performance Information, other than under clause 12.f, shall be resolved in accordance with the dispute resolution procedure provided for in this Contract. i. The requirements of this Condition are in addition to any other reporting requirements in this Contract.

Appears in 2 contracts

Sources: Contract for Provision of Services, Contract for Legal Support Services

Transparency. a. The Parties acknowledge that the Transparency Reports; and the content of this Framework Agreement, including any changes to this Framework Agreement agreed from time to time, except for: any information which is exempt from disclosure in accordance with the provisions of the FOIA, which shall be determined by CCS; and Commercially Sensitive Information; (together the “Transparency Information”) are not Confidential Information. Notwithstanding any other condition provision of this Contract, and in particular Clause 4Framework Agreement, the Contractor understands that the Authority may Supplier hereby gives its consent for CCS to publish the Transparency Information to the general public. b. Subject to Clause 5.c, the Authority shall publish and maintain an up-to-date version of public the Transparency Information in a its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FOIA redacted). CCS shall, prior to publication, consult with the Supplier on the manner and format readily accessible of publication and reusable by to inform its decision regarding any redactions but shall have the general public under an open licence where applicable. c. Iffinal decision in its absolute discretion. The Supplier shall assist and co-operate with CCS to enable CCS to publish the Transparency Information, including the preparation of the Transparency Reports in the Authority's reasonable opinion, accordance with Schedule 19 (Transparency Reports). If CCS believes that publication of any element of the Transparency Information would be contrary to the public interest, the Authority CCS shall be entitled to exclude such information from publication. The Authority 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, the Authority CCS acknowledges that it shall will only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information from publication on that basis, it will provide a clear statement explanation to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor Supplier. CCS shall assist and co-operate with the Authority as reasonably required to enable the Authority to publish the Transparency Information, in accordance with the principles set out above. Where the Authority publishes Transparency Information, it shall: (1) before publishing redact any information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or the EIR , for the avoidance of doubt, including Sensitive Information; (2) taking into account the Sensitive Information set out in the purchase order, consult with the Contractor where the Authority intends to publish information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or EIR; and (3) present 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 this Contract the Framework Agreement is being performed, having regard to the context of the wider commercial relationship with the Supplier. The Supplier agrees that any 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 CCS on request unless the cost of doing so would exceed the appropriate limit prescribed under section 12 of the FOIA. CCS may disclose such information under the FOIA and the EIRs and may (except for Commercially Sensitive Information, Confidential Information (subject to Clause 25.2.7(c)) and Open Book Data) publish such Information. The Supplier shall provide to CCS within five (5) working days (or such other period as CCS may reasonably specify) any such Information requested by CCS.

Appears in 2 contracts

Sources: Technology Services Framework Agreement, Technology Services Framework Agreement

Transparency. a. Notwithstanding any other condition of this Contract, and in particular Clause 4, the Contractor understands that the Authority may publish the Transparency Information to the general public. b. Subject to Clause 5.c, the Authority shall publish and maintain an up-to-date version of the Transparency Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's reasonable opinion, 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 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 shall only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate with the Authority as reasonably required to enable the Authority to publish the Transparency Information, in accordance with the principles set out above. Where the Authority publishes Transparency Information, it shall: (1) before publishing redact any information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or the EIR EIR, for the avoidance of doubt, including Sensitive Information;. (2) taking into account the Sensitive Information set out in the purchase order, consult with the Contractor where the Authority intends to publish information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or EIR; and (3) present 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 this Contract is being performed.

Appears in 2 contracts

Sources: Provision of Course Feeding, Contract for the Provision of Services

Transparency. a. Notwithstanding any other condition term of this Contract, and in particular Clause 4including Condition 13 (Disclosure of Information), the Contractor understands that the Authority may publish the Transparency Information and Publishable Performance Information to the general public. b. Subject to Clause 5.c, clause 12.c the Authority shall publish and maintain an up-to-date version of the Transparency Information and Publishable Performance Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's reasonable opinion, publication of any element of the Transparency Information and Publishable Performance Information would be contrary to the public interest, the Authority shall be entitled to exclude such information Information from publication. The Authority acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information and Publishable Performance Information in its entirety. Accordingly, the Authority acknowledges that it shall only exclude Transparency Information and Publishable Performance Information from publication in exceptional circumstances and agrees that where it decides to exclude information Information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate with the Authority as reasonably required to enable the Authority to publish the Transparency Information and Publishable Performance Information, in accordance with the principles set out above. , including through compliance with the requirements relating to the preparation of Publishable Performance Information set out in clauses 12.e to 12. i. Where the Authority publishes Transparency Information, it shall: (1) before publishing publishing, redact any information Information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or Freedom of Information Act 2000 (FOIA) or the EIR Environmental Information Regulations 2004 (EIR), for the avoidance of doubt, including Sensitive Information; (2) taking into account account, the Sensitive Information set out in the purchase orderSchedule 5, consult with the Contractor where the Authority intends to publish information Information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or the EIR; and (3) present information in a format that assists the general public in understanding the relevance and completeness of the information Information being published to ensure the public obtain a fair view on how this Contract is being performed. e. Within three (3) months of the effective date of Contract the Contractor shall provide to the Authority for its approval (such approval shall not be unreasonably withheld or delayed) a draft Publishable Performance Information KPI Data Report consistent with the content requirements of Schedule 9. f. If the Authority rejects any draft Publishable Performance Information the Contractor shall submit a revised version of the relevant KPI Data Report for further approval by the Authority with five (5) business days of receipt of any notice or rejection, taking account of any recommendations for revision and improvement to the report provided by the Authority. This process shall be repeated until the parties have an agreed version of the Publishable Performance Information. g. The Contractor shall provide an accurate and up-to-date version of the KPI Data Report to the Authority for each quarter at the frequency referred to in the agreed Schedule 9. h. Any dispute in connection with the preparation and/or approval of Publishable Performance Information, other than under clause 12.f, shall be resolved in accordance with the dispute resolution procedure provided for in this Contract. i. The requirements of this Condition are in addition to any other reporting requirements in this Contract.

Appears in 2 contracts

Sources: Manufacture, Supply and Delivery Agreement, Supply Agreement

Transparency. a. Notwithstanding any other condition of this Contract, and in particular Clause 4including 531 (SC1), the Contractor understands that the Authority may publish the Transparency Information to the general public. . b. Subject to Clause 5.c, the Authority shall publish and maintain an up-to-date version of the Transparency Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's reasonable opinion, 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 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 shall only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate with the Authority as reasonably required to enable the Authority to publish the Transparency Information, in accordance with the principles set out above. Where the Authority publishes Transparency Information, it shall: (1) before publishing redact any information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or the EIR , for the avoidance of doubt, including the Sensitive Information;. (2) taking into account the Sensitive Information set out in the purchase orderSchedule 5, consult with the Contractor where the Authority intends to publish information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or the EIR; and (3) present 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 this Contract is being performed.

Appears in 2 contracts

Sources: Contract for Delivery and Installation of a CNC Milling Machine, Contract for Delivery and Installation of Equipment

Transparency. a. Notwithstanding any other condition term of this Contract, and in particular Clause 4including Condition 13 (Disclosure of Information), the Contractor understands that the Authority may publish the Transparency Information and Publishable Performance Information to the general public. b. Subject to Clause 5.c, clause 12.c the Authority shall publish and maintain an up-to-date version of the Transparency Information and Publishable Performance Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's reasonable opinion, publication of any element of the Transparency Information and Publishable Performance Information would be contrary to the public interest, the Authority shall be entitled to exclude such information Information from publication. The Authority acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information and Publishable Performance Information in its entirety. Accordingly, the Authority acknowledges that it shall only exclude Transparency Information and Publishable Performance Information from publication in exceptional circumstances and agrees that where it decides to exclude information Information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate with the Authority as reasonably required to enable the Authority to publish the Transparency Information and Publishable Performance Information, in accordance with the principles set out above. , including through compliance with the requirements relating to the preparation of Publishable Performance Information set out in clause i. Where the Authority publishes Transparency Information, it shall: (1) before publishing publishing, redact any information Information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or Freedom of Information Act 2000 (FOIA) or the EIR Environmental Information Regulations 2004 (EIR), for the avoidance of doubt, including Sensitive Informationinformation; (2) taking into account the Sensitive Information set out in the purchase orderSchedule 5, consult with the Contractor where the Authority intends to publish information Information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or the EIR; and (3) present 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 this Contract is being performed. e. Within three (3) months of the effective date of Contract the Contractor shall provide to the Authority for its approval (such approval shall not be unreasonably withheld or delayed) a draft Publishable Performance Information KPI Data Report consistent with the content requirements of Schedule 9. f. If the Authority rejects any draft Publishable Performance Information the Contractor shall submit a revised version of the relevant KPI Data Report for further approval by the Authority with five (5) business days of receipt of any notice or rejection, taking account of any recommendations for revision and improvement to the report provided by the Authority. This process shall be repeated until the parties have an agreed version of the Publishable Performance Information. g. The Contractor shall provide an accurate and up-to-date version of the KPI Data Report to the Authority for each quarter at the frequency referred to in the agreed Schedule 9. h. Any dispute in connection with the preparation and/or approval of Publishable Performance Information, other than under clause 12.f, shall be resolved in accordance with the dispute resolution procedure provided for in this Contract. i. The requirements of this Condition are in addition to any other reporting requirements in this Contract.

Appears in 2 contracts

Sources: Contract for the Provision of External Assistance for Priority Weapons Projects, Provision and Maintenance Contract

Transparency. a. Notwithstanding any other condition Condition of this Contract, and in particular including Clause 45, the Contractor understands that the Authority may publish the Transparency Information to the general public. b. Subject to Clause 5.c4.c, the Authority shall publish and maintain an up-to-date version of the Transparency Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's reasonable opinion, 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 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 shall only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate cooperate with the Authority as reasonably required to enable the Authority to publish the Transparency Information, in accordance with the principles set out above. Where the Authority publishes Transparency Information, it shall: (1) before publishing redact any information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or or the EIR , for the avoidance of doubtEIR, including the Sensitive Information; (2) taking into account the Sensitive Information set out in the purchase orderSchedule 4, consult with the Contractor where the Authority intends to publish information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or the EIR; and (3) present 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 this Contract is being performed.. DRAFT

Appears in 1 contract

Sources: Purchase Agreement

Transparency. a. Notwithstanding any other condition As a result of this Contract, government policy to achieve greater transparency in public procurement and in particular Clause 4, the Contractor understands that the Authority may publish the Transparency Information to the general public. b. Subject to Clause 5.chelp deliver improved value for money, the Authority shall is obliged to publish and maintain an up-to-date version tender documents for all contracts with a whole life value of over £10,000. Suppliers should note that the terms of the Transparency Information in a format readily accessible and reusable by proposed contract will permit the general public under an open licence where applicable. c. If, in the Authority's reasonable opinion, 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 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 shall only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate with the Authority as reasonably required to enable the Contracting Authority to publish the Transparency Informationtext of this contract, subject to possible redactions at the discretion of the Contracting Authority. In submitting a tender, a supplier is acknowledging the Contracting Authority’s right to publish information contained within that tender, should that information be incorporated into any contract awarded The Freedom of Information Act 2000 (FOIA) applies to the Authority. Offerors should be aware of the Authority’s obligations and responsibilities under the FOIA to disclose, on request, recorded information held by the Authority. Information provided by Offerors in connection with this procurement exercise, or with any Contract that may be awarded as a result of this exercise, may therefore have to be disclosed by the Authority in response to such a request, unless the Authority decides that one of the statutory exemptions under the FOIA applies. The Authority may also include certain information in the publication scheme, which it maintains under the FOIA. In certain circumstances, and in accordance with the principles set out above. Where Code of Practice issued under section 45 of the FOIA or the Environmental Information Regulations 2004, the Authority publishes Transparency Information, may consider it shall: (1) before publishing redact appropriate to ask Offerors for their views as to the release of any information that would be exempt from disclosure if it was the subject of before a decision on how to respond to a request is made. In dealing with requests for information under the FOIA, the Authority must comply with a strict timetable and the Authority would, therefore, expect a timely response to any such consultation within five working days. If Offerors provide any information to the Authority in connection with this procurement exercise, or with any Contract that may be awarded as a result of this exercise, which is confidential in nature and which an Offeror wishes to be held in confidence, then Offerors must clearly identify in their offer documentation the information to which Offerors consider a duty of confidentiality applies. Offerors must give a clear indication, which material is to be considered confidential and why you consider it to be so, along with the time period for which it will remain confidential in nature. The use of blanket protective markings such as “commercial in confidence” will no longer be appropriate. In addition, marking any material as “confidential” or equivalent should not be taken to mean that the Authority accepts any duty of confidentiality by virtue of such marking. Please note that even where an Offeror has indicated that information is confidential, the Authority may be required to disclose it under the FOIA and/or if a request is received. The Authority cannot accept that trivial information or information which by its very nature cannot be regarded as confidential should be subject to any obligation of confidence. In certain circumstances where information has not been provided in confidence, the EIR , for the avoidance of doubt, including Sensitive Information; (2) taking into account the Sensitive Information set out in the purchase order, Authority may still wish to consult with Offerors about the Contractor where application of any other exemption such as that relating to disclosure that will prejudice the Authority intends commercial interests of any party The decision as to publish which information which has been identified as Sensitive Information. For the avoidance of doubt will be disclosed is reserved to the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance notwithstanding any consultation with the FOIA and/or EIR; and (3) present 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 this Contract is being performedyou.

Appears in 1 contract

Sources: Services Contract

Transparency. a. Notwithstanding any other condition term of this Contract, and in particular Clause 4including Condition 13 (Disclosure of Information), the Contractor understands that the Authority may publish the Transparency Information and Publishable Performance Information to the general public. b. . Subject to Clause 5.c, clause 12.c the Authority shall publish and maintain an up-to-date version of the Transparency Information and Publishable Performance Information in a format readily accessible and reusable by the general public under an open licence license where applicable. c. . If, in the Authority's ’s reasonable opinion, publication of any element of the Transparency Information and Publishable Performance Information would be contrary to the public interest, the Authority shall be entitled to exclude such information Information from publication. The Authority acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information and Publishable Performance Information in its entirety. Accordingly, the Authority acknowledges that it shall only exclude Transparency Information and Publishable Performance Information from publication in exceptional circumstances and agrees that where it decides to exclude information Information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information Information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate with the Authority as reasonably required to enable the Authority to publish the Transparency Information, in accordance with the principles set out above. i. Where the Authority publishes Transparency Information, it shall: (1) : before publishing publishing, redact any information Information that would be exempt except from disclosure if it was the subject of a request for information under the FOIA and/or Freedom of Information Act 2000 (FOIA) or the EIR Environmental Information Regulations 2004 (EIR), for the avoidance of doubt, including Sensitive Information; (2) . taking into account the Sensitive Information set out in the purchase orderSchedule 5, consult with the Contractor where the Authority intends to publish information Information which has been identified as Sensitive Informationinformation. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or EIRthe EIRl; and (3) and present 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 this Contract is being performed. Within three (3) months of the effective date of Contract the Contractor shall provide to the Authority for its approval (such approval shall not be reasonably withheld or delayed) a draft Publishable Performance Information KPI Data Report consistent with the consent requirements of Schedule 9. If the Authority rejects any draft Publishable Performance Information the Contractor shall submit a revised version of the relevant KPI Data report for further approval by the Authority within five (5) business days of receipt of any notice or rejection, taking account of any recommendation for revision and improvement to the report provided by the Authority. This process shall be repeated until the parties have an agreed version of the Publishable Performance Information. The Contractor shall provide an accurate and up-to-date version of the KPI Data report to the Authority for each quarter at the frequency referred to in the agreed Schedule 9. Any dispute in connection with the preparation and/or approval of Publishable Performance Information, other than under clause 12.f, shall be resolved in accordance with the dispute resolution procedure provided for in this Contract. The requirements of this Condition are in addition to any other reporting requirements in this Contract.

Appears in 1 contract

Sources: Master Contract

Transparency. a. Notwithstanding any other condition term of this Contract, and in particular Clause 4including Condition 13 (Disclosure of Information), the Contractor understands that the Authority may publish the Transparency Information and Publishable Performance Information to the general public. b. Subject to Clause 5.c, clause 12.c the Authority shall publish and maintain an up-to-date version of the Transparency Information and Publishable Performance Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's reasonable opinion, publication of any element of the Transparency Information and Publishable Performance Information would be contrary to the public interest, the Authority shall be entitled to exclude such information Information from publication. The Authority acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information and Publishable Performance Information in its entirety. Accordingly, the Authority acknowledges that it shall only exclude Transparency Information and Publishable Performance Information from publication in exceptional circumstances and agrees that where it decides to exclude information Information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate with the Authority as reasonably required to enable the Authority to publish the Transparency Information and Publishable Performance Information, in accordance with the principles set out above. , including through compliance with the requirements relating to the preparation of Publishable Performance Information set out in clauses 12.e to 12. i. Where the Authority publishes Transparency Information, it shall: (1) before publishing publishing, redact any information Information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or Freedom of Information Act 2000 (FOIA) or the EIR Environmental Information Regulations 2004 (EIR), for the avoidance of doubt, including Sensitive Informationinformation; (2) taking into account the Sensitive Information set out in the purchase orderSchedule 5, consult with the Contractor where the Authority intends to publish information Information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or the EIR; and (3) present 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 this Contract is being performed. e. Within three (3) months of the effective date of Contract the Contractor shall provide to the Authority for its approval (such approval shall not be unreasonably withheld or delayed) a draft Publishable Performance Information KPI Data Report consistent with the content requirements of Schedule 9. f. If the Authority rejects any draft Publishable Performance Information the Contractor shall submit a revised version of the relevant KPI Data Report for further approval by the Authority with five (5) business days of receipt of any notice or rejection, taking account of any recommendations for revision and improvement to the report provided by the Authority. This process shall be repeated until the parties have an agreed version of the Publishable Performance Information. g. The Contractor shall provide an accurate and up-to-date version of the KPI Data Report to the Authority for each quarter at the frequency referred to in the agreed Schedule 9. h. Any dispute in connection with the preparation and/or approval of Publishable Performance Information, other than under clause 12.f, shall be resolved in accordance with the dispute resolution procedure provided for in this Contract. i. The requirements of this Condition are in addition to any other reporting requirements in this Contract.

Appears in 1 contract

Sources: Provision of Typhoon Mids Bu2 Servicing Support

Transparency. a. Notwithstanding any other condition of this Contract, and in particular Clause 4, the Contractor understands that the Authority may publish the Transparency Information to the general public. b. Subject to Clause 5.c, the Authority shall publish and maintain an up-to-date version of the Transparency Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's reasonable opinion, 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 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 shall only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate with the Authority as reasonably required to enable the Authority to publish the Transparency Information, in accordance with the principles set out above. Where \/Vhere the Authority publishes Transparency Information, it shall: (1) before publishing redact any information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or the EIR , for the avoidance of doubt, including Sensitive Information; (2) taking into account the Sensitive Information set out in the purchase order, consult with the Contractor where the Authority intends to publish information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or EIR; and (3) present 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 this Contract is being performed.

Appears in 1 contract

Sources: Catering Contract

Transparency. a. Notwithstanding any other condition term of this Contract, and in particular Clause 4including Condition 13 (Disclosure of Information), the Contractor understands that the Authority may publish the Transparency Information and Publishable Performance Information to the general public. b. Subject to Clause 5.c, clause 12.c the Authority shall publish and maintain an up-to-date version of the Transparency Information and Publishable Performance Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's reasonable opinion, publication of any element of the Transparency Information and Publishable Performance Information would be contrary to the public interest, the Authority shall be entitled to exclude such information Information from publication. The Authority acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information and Publishable Performance Information in its entirety. Accordingly, the Authority acknowledges that it shall only exclude Transparency Information and Publishable Performance Information from publication in exceptional circumstances and agrees that where it decides to exclude information Information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate with the Authority as reasonably required to enable the Authority to publish the Transparency Information and Publishable Performance Information, in accordance with the principles set out above. , including through compliance with the requirements relating to the preparation of Publishable Performance Information set out in clause 12.e to 12. i. Where the Authority publishes Transparency Information, it shall: (1) before publishing publishing, redact any information Information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or Freedom of Information Act 2000 (FOIA) or the EIR Environmental Information Regulations 2004 (EIR), for the avoidance of doubt, including Sensitive Informationinformation; (2) taking into account the Sensitive Information set out in the purchase orderSchedule 5, consult with the Contractor where the Authority intends to publish information Information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or the EIR; and (3) present 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 this Contract is being performed. Publishable Performance Information e. Within three (3) months of the effective date of Contract the Contractor shall provide to the Authority for its approval (such approval shall not be unreasonably withheld or delayed) a draft Publishable Performance Information KPI Data Report consistent with the content requirements of Schedule 9. f. If the Authority rejects any draft Publishable Performance Information the Contractor shall submit a revised version of the relevant KPI Data Report for further approval by the Authority with five (5) business days of receipt of any notice or rejection, taking account of any recommendations for revision and improvement to the report provided by the Authority. This process shall be repeated until the parties have an agreed version of the Publishable Performance Information. g. The Contractor shall provide an accurate and up-to-date version of the KPI Data Report to the Authority for each quarter at the frequency referred to in the agreed Schedule 9. h. Any dispute in connection with the preparation and/or approval of Publishable Performance Information, other than under clause 12.f, shall be resolved in accordance with the dispute resolution procedure provided for in this Contract. i. The requirements of this Condition are in addition to any other reporting requirements in this Contract.

Appears in 1 contract

Sources: Contract

Transparency. a. Notwithstanding any other condition of this Contract, and in particular Clause 4including 531 (SC1), the Contractor understands that the Authority may publish the Transparency Information to the general public. b. Subject to Clause 5.c, the Authority shall publish and maintain an up-to-date version of the Transparency Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's reasonable opinion, 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 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 shall only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate with the Authority as reasonably required to enable the Authority to publish the Transparency Information, in accordance with the principles set out above. Where the Authority publishes Transparency Information, it shall: (1) before publishing redact any information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or the EIR EIR, for the avoidance of doubt, including the Sensitive Information;. (2) taking into account the Sensitive Information set out in the purchase orderSchedule 4, consult with the Contractor where the Authority intends to publish information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or the EIR; and (3) present 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 this Contract is being performed.

Appears in 1 contract

Sources: Operational Infrastructure Team Contract

Transparency. a. Notwithstanding any other condition term of this Contract, and in particular Clause 4including Condition 13 (Disclosure of Information), the Contractor understands that the Authority may publish the Transparency Information and Publishable Performance Information to the general public. b. Subject to Clause 5.c, clause 12.c the Authority shall publish and maintain an up-to-date version of the Transparency Information and Publishable Performance Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's reasonable opinion, publication of any element of the Transparency Information and Publishable Performance Information would be contrary to the public interest, the Authority shall be entitled to exclude such information Information from publication. The Authority acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information and Publishable Performance Information in its entirety. Accordingly, the Authority acknowledges that it shall only exclude Transparency Information and Publishable Performance Information from publication in exceptional circumstances and agrees that where it decides to exclude information Information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate with the Authority as reasonably required to enable the Authority to publish the Transparency Information and Publishable Performance Information, in accordance with the principles set out above. , including through compliance with the requirements relating to the preparation of Publishable Performance Information set out in clauses 12.e to 12. i. Where the Authority publishes Transparency Information, it shall: (1) before publishing publishing, redact any information Information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or Freedom of Information Act 2000 (FOIA) or the EIR Environmental Information Regulations 2004 (EIR), for the avoidance of doubt, including Sensitive Information; (2) taking into account the Sensitive Information set out in the purchase orderSchedule 5, consult with the Contractor where the Authority intends to publish information Information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or the EIR; and (3) present information in a format that assists the general public in understanding the relevance and completeness of the information Information being published to ensure the public obtain a fair view on how this Contract is being performed. e. Within three (3) months of the effective date of Contract the Contractor shall provide to the Authority for its approval (such approval shall not be unreasonably withheld or delayed) a draft Publishable Performance Information KPI Data Report consistent with the content requirements of Schedule 9.f.If the Authority rejects any draft Publishable Performance Information the Contractor shall submit a revised version of the relevant KPI Data Report for further approval by the Authority with five (5) business days of receipt of any notice or rejection, taking account of any recommendations for revision and improvement to the report provided by the Authority. This process shall be repeated until the parties have an agreed version of the Publishable Performance Information.

Appears in 1 contract

Sources: Contract

Transparency. a. Notwithstanding any other condition term of this Contract, and in particular Clause 4including Condition 13 (Disclosure of Information), the Contractor understands that the Authority may publish the Transparency Information and Publishable Performance Information to the general public. b. Subject to Clause 5.c, clause 12.c the Authority shall publish and maintain an up-to-date version of the Transparency Information and Publishable Performance Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's reasonable opinion, publication of any element of the Transparency Information and Publishable Performance Information would be contrary to the public interest, the Authority shall be entitled to exclude such information Information from publication. The Authority acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information and Publishable Performance Information in its entirety. Accordingly, the Authority acknowledges that it shall only exclude Transparency Information and Publishable Performance Information from publication in exceptional circumstances and agrees that where it decides to exclude information Information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate with the Authority as reasonably required to enable the Authority to publish the Transparency Information and Publishable Performance Information, in accordance with the principles set out above. , including through compliance with the requirements relating to the preparation of Publishable Performance Information set out in clause 12.e to 12. i. Where the Authority publishes Transparency Information, it shall: (1) before publishing publishing, redact any information Information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or Freedom of Information Act 2000 (FOIA) or the EIR Environmental Information Regulations 2004 (EIR), for the avoidance of doubt, including Sensitive Informationinformation; (2) taking into account the Sensitive Information set out in the purchase orderSchedule 5, consult with the Contractor where the Authority intends to publish information Information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or the EIR; and (3) present 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 this Contract is being performed. e. Within three (3) months of the Effective Date of Contract the Contractor shall provide to the Authority for its approval (such approval shall not be unreasonably withheld or delayed) a draft Publishable Performance Information KPI Data Report consistent with the content requirements of Schedule 9. f. If the Authority rejects any draft Publishable Performance Information the Contractor shall submit a revised version of the relevant KPI Data Report for further approval by the Authority with five (5) Business Days of receipt of any notice or rejection, taking account of any recommendations for revision and improvement to the report provided by the Authority. This process shall be repeated until the parties have an agreed version of the Publishable Performance Information. g. The Contractor shall provide an accurate and up-to-date version of the KPI Data Report to the Authority for each quarter at the frequency referred to in the agreed Schedule 9. h. Any dispute in connection with the preparation and/or approval of Publishable Performance Information, other than under clause 12.f, shall be resolved in accordance with the dispute resolution procedure provided for in this Contract. i. The requirements of this Condition are in addition to any other reporting requirements in this Contract.

Appears in 1 contract

Sources: Contract

Transparency. a. a) Notwithstanding any other condition term of this Contract, and in particular Clause 4including Condition 13 (Disclosure of Information), the Contractor understands that the Authority may publish the Transparency Information and Publishable Performance Information to the general public. b. b) Subject to Clause 5.c, clause 12.c the Authority shall publish and maintain an up-to-date version of the Transparency Information and Publishable Performance Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. c) If, in the Authority's reasonable opinion, publication of any element of the Transparency Information and Publishable Performance Information would be contrary to the public interest, the Authority shall be entitled to exclude such information Information from publication. The Authority acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information and Publishable Performance Information in its entirety. Accordingly, the Authority acknowledges that it shall only exclude Transparency Information and Publishable Performance Information from publication in exceptional circumstances and agrees that where it decides to exclude information Information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. d) The Contractor shall assist and co-operate with the Authority as reasonably required to enable the Authority to publish the Transparency Information and Publishable Performance Information, in accordance with the principles set out above. , including through compliance with the requirements relating to the preparation of Publishable Performance Information set out in clauses 12.e to 12. i. Where the Authority publishes Transparency Information, it shall: (1) before publishing publishing, redact any information Information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or Freedom of Information Act 2000 (FOIA) or the EIR Environmental Information Regulations 2004 (EIR), for the avoidance of doubt, including Sensitive Information; (2) taking into account the Sensitive Information set out in the purchase orderSchedule 5, consult with the Contractor where the Authority intends to publish information Information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or the EIR; and (3) present information in a format that assists the general public in understanding the relevance and completeness of the information Information being published to ensure the public obtain a fair view on how this Contract is being performed.

Appears in 1 contract

Sources: Support Contract

Transparency. a. Notwithstanding any other condition term of this Contract, and in particular Clause 4including Condition 13 (Disclosure of Information), the Contractor understands that the Authority may publish the Transparency Information and Publishable Performance Information to the general public. b. Subject to Clause 5.c, clause 12.c the Authority shall publish and maintain an up-to-date version of the Transparency Information and Publishable Performance Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's reasonable opinion, publication of any element of the Transparency Information and Publishable Performance Information would be contrary to the public interest, the Authority shall be entitled to exclude such information Information from publication. The Authority acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information and Publishable Performance Information in its entirety. Accordingly, the Authority acknowledges that it shall only exclude Transparency Information and Publishable Performance Information from publication in exceptional circumstances and agrees that where it decides to exclude information Information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate with the Authority as reasonably required to enable the Authority to publish the Transparency Information and Publishable Performance Information, in accordance with the principles set out above. , including through compliance with the requirements relating to the preparation of Publishable Performance Information set out in clause i. Where the Authority publishes Transparency Information, it shall: (1) before publishing publishing, redact any information Information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or Freedom of Information Act 2000 (FOIA) or the EIR Environmental Information Regulations 2004 (EIR), for the avoidance of doubt, including Sensitive Informationinformation; (2) taking into account account, the Sensitive Information set out in the purchase orderSchedule 5, consult with the Contractor where the Authority intends to publish information Information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or the EIR; and (3) present 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 this Contract is being performed. e. Within three (3) months of the effective date of Contract the Contractor shall provide to the Authority for its approval (such approval shall not be unreasonably withheld or delayed) a draft Publishable Performance Information KPI Data Report consistent with the content requirements of Schedule 9. f. If the Authority rejects any draft Publishable Performance Information the Contractor shall submit a revised version of the relevant KPI Data Report for further approval by the Authority with five (5) business days of receipt of any notice or rejection, taking account of any recommendations for revision and improvement to the report provided by the Authority. This process shall be repeated until the parties have an agreed version of the Publishable Performance Information. g. The Contractor shall provide an accurate and up-to-date version of the KPI Data Report to the Authority for each quarter at the frequency referred to in the agreed Schedule 9. h. Any dispute in connection with the preparation and/or approval of Publishable Performance Information, other than under clause 12.f, shall be resolved in accordance with the dispute resolution procedure provided for in this Contract. i. The requirements of this Condition are in addition to any other reporting requirements in this Contract.

Appears in 1 contract

Sources: Contract for Provision of Services

Transparency. a. Notwithstanding any other condition term of this Contract, and in particular Clause 4including Condition 13 (Disclosure of Information), the Contractor understands that the Authority may publish the Transparency Information and Publishable Performance Information to the general public. b. Subject to Clause 5.c, clause 12.c the Authority shall publish and maintain an up-to-date version of the Transparency Information and Publishable Performance Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's reasonable opinion, publication of any element of the Transparency Information and Publishable Performance Information would be contrary to the public interest, the Authority shall be entitled to exclude such information Information from publication. The Authority acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information and Publishable Performance Information in its entirety. Accordingly, the Authority acknowledges that it shall only exclude Transparency Information and Publishable Performance Information from publication in exceptional circumstances and agrees that where it decides to exclude information Information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate with the Authority as reasonably required to enable the Authority to publish the Transparency Information and Publishable Performance Information, in accordance with the principles set out above. , including through compliance with the requirements relating to the preparation of Publishable Performance Information set out in clause 12.e to 12. i. Where the Authority publishes Transparency Information, it shall: (1) before publishing publishing, redact any information Information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or Freedom of Information Act 2000 (FOIA) or the EIR Environmental Information Regulations 2004 (EIR), for the avoidance of doubt, including Sensitive Informationinformation; (2) taking into account the Sensitive Information set out in the purchase orderSchedule 5, consult with the Contractor where the Authority intends to publish information Information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or the EIR; and (3) present 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 this Contract is being performed. e. Within three (3) months of the effective date of Contract the Contractor shall provide to the Authority for its approval (such approval shall not be unreasonably withheld or delayed) a draft Publishable Performance Information KPI Data Report consistent with the content requirements of Schedule 9. f. If the Authority rejects any draft Publishable Performance Information the Contractor shall submit a revised version of the relevant KPI Data Report for further approval by the Authority with five (5) business days of receipt of any notice or rejection, taking account of any recommendations for revision and improvement to the report provided by the Authority. This process shall be repeated until the parties have an agreed version of the Publishable Performance Information. g. The Contractor shall provide an accurate and up-to-date version of the KPI Data Report to the Authority for each quarter at the frequency referred to in the agreed Schedule 9. h. Any dispute in connection with the preparation and/or approval of Publishable Performance Information, other than under clause 12.f, shall be resolved in accordance with the dispute resolution procedure provided for in this Contract. i. The requirements of this Condition are in addition to any other reporting requirements in this Contract.

Appears in 1 contract

Sources: Contract for Veterinary Services Support

Transparency. a. Notwithstanding any other condition term of this Contract, and in particular Clause 4including Condition 13 (Disclosure of Information), the Contractor understands that the Authority may publish the Transparency Information and Publishable Performance Information to the general public. b. Subject to Clause 5.c, clause 12.c the Authority shall publish and maintain an up-to-date version of the Transparency Information and Publishable Performance Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's reasonable opinion, publication of any element of the Transparency Information and Publishable Performance Information would be contrary to the public interest, the Authority shall be entitled to exclude such information Information from publication. The Authority acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information and Publishable Performance Information in its entirety. Accordingly, the Authority acknowledges that it shall only exclude Transparency Information and Publishable Performance Information from publication in exceptional circumstances and agrees that where it decides to exclude information Information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate with the Authority as reasonably required to enable the Authority to publish the Transparency Information and Publishable Performance Information, in accordance with the principles set out above. , including through compliance with the requirements relating to the preparation of Publishable Performance Information set out in clause 12.e to 12. i. Where the Authority publishes Transparency Information, it shall: (1) before publishing publishing, redact any information Information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or Freedom of Information Act 2000 (FOIA) or the EIR Environmental Information Regulations 2004 (EIR), for the avoidance of doubt, including Sensitive Informationinformation; (2) taking into account account, the Sensitive Information set out in the purchase orderSchedule 5, consult with the Contractor where the Authority intends to publish information Information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or the EIR; and (3) present 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 this Contract is being performed. e. Within three (3) months of the effective date of Contract the Contractor shall provide to the Authority for its approval (such approval shall not be unreasonably withheld or delayed) a draft Publishable Performance Information KPI Data Report consistent with the content requirements of Schedule 9. f. If the Authority rejects any draft Publishable Performance Information the Contractor shall submit a revised version of the relevant KPI Data Report for further approval by the Authority with five (5) business days of receipt of any notice or rejection, taking account of any recommendations for revision and improvement to the report provided by the Authority. This process shall be repeated until the parties have an agreed version of the Publishable Performance Information. g. The Contractor shall provide an accurate and up-to-date version of the KPI Data Report to the Authority for each quarter at the frequency referred to in the agreed Schedule 9. h. Any dispute in connection with the preparation and/or approval of Publishable Performance Information, other than under clause 12.f, shall be resolved in accordance with the dispute resolution procedure provided for in this Contract. i. The requirements of this Condition are in addition to any other reporting requirements in this Contract.

Appears in 1 contract

Sources: Contract for the Provision of Maintenance and Support

Transparency. a. 9.1 Notwithstanding any other condition term of this Contract, and in particular Clause 4including DEFCON 531 (Disclosure of Information), the Contractor understands that the Authority may publish the Transparency Information and Publishable Performance Information to the general public. b. 9.2 Subject to Clause 5.c, 9.3 of this Condition the Authority shall publish and maintain an up-to-to- date version of the Transparency Information and Publishable Performance Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. 9.3 If, in the Authority's reasonable opinion, publication of any element of the Transparency Information and Publishable Performance Information would be contrary to the public interest, the Authority shall be entitled to exclude such information Information from publication. The Authority acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information and Publishable Performance Information in its entirety. Accordingly, the Authority acknowledges that it shall only exclude Transparency Information and Publishable Performance Information from publication in exceptional circumstances and agrees that where it decides to exclude information Information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. 9.4 The Contractor shall assist and co-operate with the Authority as reasonably required to enable the Authority to publish the Transparency Information and Publishable Performance Information, in accordance with the principles set out above, including through compliance with the requirements relating to the preparation of Publishable Performance Information set out in Clause 9.5 to 9.9 of this Condition. Where the Authority publishes Transparency Information, it shall: (1) 9.4.1 before publishing publishing, redact any information Information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or Freedom of Information Act 2000 (FOIA) or the EIR Environmental Information Regulations 2004 (EIR), for the avoidance of doubt, including Sensitive Information; (2) 9.4.2 taking into account of the Sensitive Information set out in the purchase orderDEFFORM 539A, consult with the Contractor where the Authority intends to publish information Information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or the EIR; and (3) 9.4.3 present 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 this Contract is being performed. 9.5 Within three (3) months of the effective date of Contract the Contractor shall provide to the Authority for its approval (such approval shall not be unreasonably withheld or delayed) a draft Publishable Performance Information KPI Data Report consistent with the content requirements of Schedule 6 (Performance Monitoring). 9.6 If the Authority rejects any draft Publishable Performance Information the Contractor shall submit a revised version of the relevant KPI Data Report for further approval by the Authority with five (5) business days of receipt of any notice or rejection, taking account of any recommendations for revision and improvement to the report provided by the Authority. This process shall be repeated until the parties have an agreed version of the Publishable Performance Information. 9.7 The Contractor shall provide an accurate and up-to-date version of the KPI Data Report to the Authority for each quarter at the frequency referred to in the agreed Schedule 6 (Performance Monitoring). 9.8 Any dispute in connection with the preparation and/or approval of Publishable Performance Information, other than under Clause 9.6 of this Condition, shall be resolved in accordance with Condition 54 (Dispute Resolution Procedure) of this Schedule 3 (Ts & Cs). 9.9 The requirements of this Condition are in addition to any other reporting requirements in this Contract.

Appears in 1 contract

Sources: Contract for Provision of End Point Assessment Services

Transparency. a. Notwithstanding any other condition term of this Contract, and in particular Clause 4including Condition 13 (Disclosure of Information), the Contractor understands that the Authority may publish the Transparency Information and Publishable Performance Information to the general public. b. Subject to Clause 5.c, clause 12.c the Authority shall publish and maintain an up-to-date version of the Transparency Information and Publishable Performance Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's reasonable opinion, publication of any element of the Transparency Information and Publishable Performance Information would be contrary to the public interest, the Authority shall be entitled to exclude such information Information from publication. The Authority acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information and Publishable Performance Information in its entirety. Accordingly, the Authority acknowledges that it shall only exclude Transparency Information and Publishable Performance Information from publication in exceptional circumstances and agrees that where it decides to exclude information Information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate with the Authority as reasonably required to enable the Authority to publish the Transparency Information and Publishable Performance Information, in accordance with the principles set out above. , including through compliance with the requirements relating to the preparation of Publishable Performance Information set out in clause 12.e to 12. i. Where the Authority publishes Transparency Information, it shall: (1) before publishing publishing, redact any information Information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or Freedom of Information Act 2000 (FOIA) or the EIR Environmental Information Regulations 2004 (EIR), for the avoidance of doubt, including Sensitive Informationinformation; (2) taking into account the Sensitive Information set out in the purchase orderSchedule 5, consult with the Contractor where the Authority intends to publish information Information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or the EIR; and (3) present 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 this Contract is being performed. e. Within three (3) months of the effective date of Contract the Contractor shall provide to the Authority for its approval (such approval shall not be unreasonably withheld or delayed) a draft Publishable Performance Information KPI Data Report consistent with the content requirements of Schedule 9. f. If the Authority rejects any draft Publishable Performance Information the Contractor shall submit a revised version of the relevant KPI Data Report for further approval by the Authority with five (5) business days of receipt of any notice or rejection, taking account of any recommendations for revision and improvement to the report provided by the Authority. This process shall be repeated until the parties have an agreed version of the Publishable Performance Information. g. The Contractor shall provide an accurate and up-to-date version of the KPI Data Report to the Authority for each quarter at the frequency referred to in the agreed Schedule 9. h. Any dispute in connection with the preparation and/or approval of Publishable Performance Information, other than under clause 12.f, shall be resolved in accordance with the dispute resolution procedure provided for in this Contract. The requirements of this Condition are in addition to any other reporting requirements in this Contract.

Appears in 1 contract

Sources: Contract for Provision of Services

Transparency. a. Notwithstanding any other condition Subject to clause 12.b but notwithstanding Condition 13 (Disclosure of this Contract, and in particular Clause 4Information), the Contractor understands that the Authority may publish the Transparency Information to the general public. b. Subject to Clause 5.c, the Authority shall publish and maintain an up-to-date version of the Transparency Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's reasonable opinion, 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 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 shall only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate cooperate with the Authority as reasonably required to enable the Authority to publish the Transparency Information, . Before publishing the Transparency Information to the general public in accordance with the principles set out above. Where clause 12.a, the Authority publishes Transparency Information, it shall: (1) before publishing shall redact any information Information that would be exempt from disclosure if it was the subject of a request for information Information under the FOIA and/or Freedom of Information Act 2000 or the EIR Environmental Information Regulations 2004, for and any Information which has been acknowledged by the Authority at Schedule 5 ( Contractor’s Commercially Sensitive Information). The Authority may consult with the Contractor before redacting any Information from the Transparency Information in accordance with clause 12.b. The Contractor acknowledges and accepts that their representations on redactions during consultation may not be determinative and that the decision whether to redact Information is a matter in which the Authority shall exercise its own discretion, subject always to the provisions of the Freedom of Information Act 2000 or the Environmental Information Regulations 2004. For the avoidance of doubt, nothing in this Condition 12 shall affect the Contractor’s rights at law. Subject to clauses 13.d to 13.i and Condition 12 each Party: shall treat in confidence all Information it receives from the other; shall not disclose any of that Information to any third party without the prior written consent of the other Party, which consent shall not unreasonably be withheld, except that the Contractor may disclose Information in confidence, without prior consent, to such persons and to such extent as may be necessary for the performance of the Contract; shall not use any of that Information otherwise than for the purpose of the Contract; and shall not copy any of that Information except to the extent necessary for the purpose of exercising its rights of use and disclosure under the Contract. The Contractor shall take all reasonable precautions necessary to ensure that all Information disclosed to the Contractor by or on behalf of the Authority under or in connection with the Contract: is disclosed to their employees and Subcontractors, only to the extent necessary for the performance of the Contract; and is treated in confidence by them and not disclosed except with the prior written consent of the Authority or used otherwise than for the purpose of performing work or having work performed for the Authority under the Contract or any subcontract. The Contractor shall ensure that their employees are aware of the Contractor’s arrangements for discharging the obligations at clauses 13.a and 13.b before receiving Information and shall take such steps as may be reasonably practical to enforce such arrangements. A Party shall not be in breach of Clauses 13.a, 13.b, 13.f, 13.g and 13.h to the extent that either Party: exercises rights of use or disclosure granted otherwise than in consequence of, or under, the Contract; has the right to use or disclose the Information in accordance with other Conditions of the Contract; or can show: that the Information was or has become published or publicly available for use otherwise than in breach of any provision of the Contract or any other agreement between the Parties; that the Information was already known to it (without restrictions on disclosure or use) prior to receiving the Information under or in connection with the Contract; that the Information was received without restriction on further disclosure from a third party which lawfully acquired the Information without any restriction on disclosure; or from its records that the same Information was derived independently of that received under or in connection with the Contract; provided that the relationship to any other Information is not revealed. Neither Party shall be in breach of this Condition where it can show that any disclosure of Information was made solely and to the extent necessary to comply with a statutory, judicial or parliamentary obligation. Where such a disclosure is made, the Party making the disclosure shall ensure that the recipient of the Information is made aware of and asked to respect its confidentiality. Such disclosure shall in no way diminish the obligations of the Parties under this Condition. The Authority may disclose the Information: to any Central Government Body for any proper purpose of the Authority or of the relevant Central Government Body, which shall include: disclosure to the Cabinet Office and/or HM Treasury for the purpose of ensuring effective cross-Government procurement processes, including Sensitive Information; value for money and related purposes. Where such a disclosure is made the Authority shall ensure that the recipient is made aware of its confidentiality; to Parliament and Parliamentary Committees or if required by any Parliamentary reporting requirement; to the extent that the Authority (2acting reasonably) taking into account the Sensitive Information set out deems disclosure necessary or appropriate in the purchase ordercourse of carrying out its public functions; subject to clause 13.g below, on a confidential basis to a professional adviser, consultant or other person engaged by any of the entities defined in Schedule 1 (including benchmarking organisations) for any purpose relating to or connected with the Contract; subject to clause 13.g below, on a confidential basis for the purpose of the exercise of its rights under the Contract; or on a confidential basis to a proposed body in connection with any assignment, novation or disposal of any of its rights, obligations or liabilities under the Contract; and for the purposes of the foregoing, references to disclosure on a confidential basis shall mean disclosure subject to a confidentiality agreement or arrangement containing terms no less stringent than those placed on the Authority under this Condition. Where the Authority intends to disclose Information to a commercial entity which is not a Central Government Body in accordance with clauses 13.f.(4) or 13.f.(5) above, the Authority will endeavour to provide the Contractor with 3 Business Days' notice in advance of such disclosure. In relation to a disclosure of Information made under clause 13.f.(3) above, if reasonably requested by the Contractor within 2 Business Days of such notice being given, where the Authority has not already done so, it will endeavour to procure from the intended recipient of the Information an agreement containing confidentiality terms the same as, or substantially similar to, those placed on the Authority under this Condition. Before sharing any Information in accordance with clause 13.f, the Authority may redact the Information. Any decision to redact Information made by the Authority shall be final. The Authority shall not be in breach of the Contract where disclosure of Information is made solely and to the extent necessary to comply with the Freedom of Information Act 2000 (the “Act”) or the Environmental Information Regulations 2004 (the “Regulations”). To the extent permitted by the time for compliance under the Act or the Regulations, the Authority shall consult with the Contractor where the Authority intends is considering the disclosure of Information under the Act or the Regulations and, in any event, shall provide prior notification to publish information which has been identified as Sensitive the Contractor of any decision to disclose the Information. For The Contractor acknowledges and accepts that their representations on disclosure during consultation may not be determinative and that the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion decision whether to decide what information shall be published or be exempt from disclosure disclose Information in accordance order to comply with the FOIA and/or EIR; and (3) present information Act or the Regulations is a matter in a format that assists which the general public in understanding Authority shall exercise its own discretion, subject always to the relevance and completeness provisions of the information being published to Act or the Regulations. Nothing in this Condition shall affect the Parties' obligations of confidentiality where Information is disclosed orally in confidence. The Contractor shall not and shall ensure that any employee or Subcontractor shall not communicate with representatives of the public obtain a fair view press, television, radio or other media on how this any matter concerning the Contract is being performedunless the Authority has given its prior written consent.

Appears in 1 contract

Sources: Support Contract

Transparency. a. The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, the content of the Commercial Agreement is not Confidential Information. The Authority shall determine whether any of the content of the Commercial Agreement is exempt from disclosure in accordance with the provisions of the FOIA. The Authority may consult with the Supplier to inform its decision regarding any redactions but shall have the final decision in its absolute discretion. Notwithstanding any other condition provision of this Contract, and in particular Clause 4the Commercial Agreement, the Contractor understands that Supplier hereby gives its consent for the Authority may to publish the Transparency Information Commercial Agreement in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FOIA redacted), including any changes to the general public. b. Subject Commercial Agreement agreed from time to Clause 5.c, the Authority shall publish and maintain an up-to-date version of the Transparency Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's reasonable opinion, 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 publicationtime. The Authority Supplier acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information in its entiretyCommercial Agreement will include the publication of the name and contact details of the Supplier Representative. AccordinglySuch details will not be redacted. By executing the Commercial Agreement, the Authority acknowledges Supplier confirms that it shall only exclude Transparency Information from publication in exceptional circumstances and agrees has ensured that where it decides to exclude information from publication on that basis, it will provide a clear statement the Supplier Representative has given their consent to the general public explaining publication of their name and contact details or otherwise taken steps to ensure that publication will not breach the categories Data Protection Act 1998. The name and contact details of information any subsequent Supplier Representative details will also be published and in every such case the Supplier will ensure that have been excluded from consent is obtained or otherwise takes steps to ensure that publication and reasons for withholding that information. d. of those details will not amount to a breach of the Data Protection Act 1998. The Contractor Supplier shall assist and co-operate cooperate with the Authority as reasonably required to enable the Authority to publish the Transparency Commercial Agreement. Freedom of Information The Supplier acknowledges that the Authority 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 Authority to enable the Authority to comply with its Information disclosure obligations under the FOIA and EIRs; transfer to the Authority all Requests for Information relating to this Commercial Agreement that it receives as soon as practicable and in any event within two (2) Working Days of receipt; provide the Authority with a copy of all Information belonging to 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 not respond directly to a Request for Information 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 (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 principles set out above. Where 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 the Commercial Agreement) for the purpose of the Commercial Agreement, the Authority publishes Transparency Information, it shall: (1) before publishing redact shall be responsible for determining in its absolute discretion whether any information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or the EIR , for the avoidance of doubt, including Sensitive Information; (2) taking into account the Commercially Sensitive Information set out in the purchase order, consult with the Contractor where the Authority intends to publish and/or any other information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be is exempt from disclosure in accordance with the FOIA and/or EIR; and (3) present 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 this Contract is being performedEIRs.

Appears in 1 contract

Sources: Commercial Agreement

Transparency. a. The Parties acknowledge that: the Transparency Reports; and the content of this Framework Agreement, including any changes to this Framework Agreement agreed from time to time, except for: any information which is exempt from disclosure in accordance with the provisions of the FOIA, which shall be determined by CCS; and Commercially Sensitive Information; (together the “Transparency Information”) are not Confidential Information. Notwithstanding any other condition provision of this Contract, and in particular Clause 4Framework Agreement, the Contractor understands that the Authority may Supplier hereby gives its consent for CCS to publish the Transparency Information to the general public. b. Subject to Clause 5.c, the Authority shall publish and maintain an up-to-date version of public the Transparency Information in a its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FOIA redacted). CCS shall, prior to publication, consult with the Supplier on the manner and format readily accessible of publication and reusable by to inform its decision regarding any redactions but shall have the general public under an open licence where applicable. c. Iffinal decision in its absolute discretion. The Supplier shall assist and co-operate with CCS to enable CCS to publish the Transparency Information, including the preparation of the Transparency Reports in the Authority's reasonable opinion, accordance with Schedule 19 (Transparency Reports). If CCS believes that publication of any element of the Transparency Information would be contrary to the public interest, the Authority CCS shall be entitled to exclude such information from publication. The Authority 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, the Authority CCS acknowledges that it shall will only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information from publication on that basis, it will provide a clear statement explanation to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor Supplier. CCS shall assist and co-operate with the Authority as reasonably required to enable the Authority to publish the Transparency Information, in accordance with the principles set out above. Where the Authority publishes Transparency Information, it shall: (1) before publishing redact any information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or the EIR , for the avoidance of doubt, including Sensitive Information; (2) taking into account the Sensitive Information set out in the purchase order, consult with the Contractor where the Authority intends to publish information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or EIR; and (3) present 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 this Contract the Framework Agreement is being performed, having regard to the context of the wider commercial relationship with the Supplier. The Supplier agrees that any 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 CCS on request unless the cost of doing so would exceed the appropriate limit prescribed under section 12 of the FOIA. CCS may disclose such information under the FOIA and the EIRs and may (except for Commercially Sensitive Information, Confidential Information (subject to Clause 25.2.7(c)) and Open Book Data) publish such Information. The Supplier shall provide to CCS within five (5) working days (or such other period as CCS may reasonably specify) any such Information requested by CCS.

Appears in 1 contract

Sources: Technology Services Framework Agreement

Transparency. a. Notwithstanding any other condition term of this Contract, and in particular Clause 4including Condition 13 (Disclosure of Information), the Contractor understands that the Authority may publish the Transparency Information and Publishable Performance Information to the general public. b. Subject to Clause 5.c, clause 12.c the Authority shall publish and maintain an up-to-date version of the Transparency Information and Publishable Performance Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's ’s reasonable opinion, publication of any element of the Transparency Information and Publishable Performance Information would be contrary to the public interest, the Authority shall be entitled to exclude such information Information from publication. The Authority acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information and Publishable Performance Information in its entirety. Accordingly, the Authority acknowledges that it shall only exclude Transparency Information and Publishable Performance Information from publication in exceptional circumstances and agrees that where it decides to exclude information Information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate with the Authority as reasonably required to enable the Authority to publish the Transparency Information and Publishable Performance Information, in accordance with the principles set out above. , including through compliance with the requirements relating to the preparation of Publishable Performance Information set out in clauses 12.e to 12. i. Where the Authority publishes Transparency Information, it shall: (1) before publishing publishing, redact any information Information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or Freedom of Information Act 2000 (FOIA) or the EIR Environmental Information Regulations 2004 (EIR), for the avoidance of doubt, including Sensitive Information; (2) taking into account account, the Sensitive Information set out in the purchase orderSchedule 5, consult with the Contractor where the Authority intends to publish information Information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or the EIR; and (3) present information in a format that assists the general public in understanding the relevance and completeness of the information Information being published to ensure the public obtain a fair view on how this Contract is being performed. e. Within three (3) months of the effective date of Contract the Contractor shall provide to the Authority for its approval (such approval shall not be unreasonably withheld or delayed) a draft Publishable Performance Information KPI Data Report consistent with the content requirements of Schedule 9. f. If the Authority rejects any draft Publishable Performance Information the Contractor shall submit a revised version of the relevant KPI Data Report for further approval by the Authority with five (5) business days of receipt of any notice or rejection, taking account of any recommendations for revision and improvement to the report provided by the Authority. This process shall be repeated until the parties have an agreed version of the Publishable Performance Information. g. The Contractor shall provide an accurate and up-to-date version of the KPI Data Report to the Authority for each quarter at the frequency referred to in the agreed Schedule 9. h. Any dispute in connection with the preparation and/or approval of Publishable Performance Information, other than under clause 12.f, shall be resolved in accordance with the dispute resolution procedure provided for in this Contract. i. The requirements of this Condition are in addition to any other reporting requirements.

Appears in 1 contract

Sources: Procurement and Support Contract

Transparency. a. Notwithstanding any other condition term of this Contract, and in particular Clause 4including Condition 13 (Disclosure of Information), the Contractor understands that the Authority may publish the Transparency Information and Publishable Performance Information to the general public. b. Subject to Clause 5.c, clause 12.c the Authority shall publish and maintain an up-to-date version of the Transparency Information and Publishable Performance Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's reasonable opinion, publication of any element of the Transparency Information and Publishable Performance Information would be contrary to the public interest, the Authority shall be entitled to exclude such information Information from publication. The Authority acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information and Publishable Performance Information in its entirety. Accordingly, the Authority acknowledges that it shall only exclude Transparency Information and Publishable Performance Information from publication in exceptional circumstances and agrees that where it decides to exclude information Information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate with the Authority as reasonably required to enable the Authority to publish the Transparency Information and Publishable Performance Information, in accordance with the principles set out above. , including through compliance with the requirements relating to the preparation of Publishable Performance Information set out in clause 12.e to 12. i. Where the Authority publishes Transparency Information, it shall: (1) before publishing publishing, redact any information Information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or Freedom of Information Act 2000 (FOIA) or the EIR Environmental Information Regulations 2004 (EIR), for the avoidance of doubt, including Sensitive Information;information. (2) taking into account account, the Sensitive Information set out in the purchase orderSchedule 5, consult with the Contractor where the Authority intends to publish information Information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or the EIR; and (3) present 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 this Contract is being performed. e. Within three (3) months of the effective date of Contract the Contractor shall provide to the Authority for its approval (such approval shall not be unreasonably withheld or delayed) a draft Publishable Performance Information KPI Data Report consistent with the content requirements of Schedule 9. f. If the Authority rejects any draft Publishable Performance Information the Contractor shall submit a revised version of the relevant KPI Data Report for further approval by the Authority with five (5) business days of receipt of any notice or rejection, taking account of any recommendations for revision and improvement to the report provided by the Authority. This process shall be repeated until the parties have an agreed version of the Publishable Performance Information. g. The Contractor shall provide an accurate and up-to-date version of the KPI Data Report to the Authority for each quarter at the frequency referred to in the agreed Schedule 9. h. Any dispute in connection with the preparation and/or approval of Publishable Performance Information, other than under clause 12.f, shall be resolved in accordance with the dispute resolution procedure provided for in this Contract. i. The requirements of this Condition are in addition to any other reporting requirements in this Contract.

Appears in 1 contract

Sources: Supply and Support Contract

Transparency. a. Notwithstanding any other Subject to clause 13.b but notwithstanding condition 14 (Disclosure of this Contract, and in particular Clause 4Information), the Contractor understands that the Authority may publish the Transparency Information to the general public. b. Subject to Clause 5.c, the Authority shall publish and maintain an up-to-date version of the Transparency Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's reasonable opinion, 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 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 shall only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate cooperate with the Authority as reasonably required to enable the Authority to publish the Transparency Information, . Before publishing the Transparency Information to the general public in accordance with the principles set out above. Where clause 13.a, the Authority publishes Transparency Information, it shall: (1) before publishing shall redact any information Information that would be exempt from disclosure if it was the subject of a request for information Information under the FOIA and/or Freedom of Information Act 2000 or the EIR Environmental Information Regulations 2004, for and any Information which has been acknowledged by the Authority at Schedule 5 – Contractor's Commercially Sensitive Information. The Authority may consult with the Contractor before redacting any Information from the Transparency Information in accordance with clause 13.b. The Contractor acknowledges and accepts that its representations on redactions during consultation may not be determinative and that the decision whether to redact Information is a matter in which the Authority shall exercise its own discretion, subject always to the provisions of the Freedom of Information Act 2000 or the Environmental Information Regulations 2004. For the avoidance of doubt, including Sensitive Information; (2) taking into account nothing in this condition 13 shall affect the Sensitive Contractor's rights at law. Subject to clauses 14.d, 14.e, 14.h and condition 13 each Party: shall treat in confidence all Information set out it receives from the other; shall not disclose any of that Information to any third party without the prior written consent of the other Party, which consent shall not unreasonably be withheld, except that the Contractor may disclose Information in confidence, without prior consent, to such persons and to such extent as may be necessary for the purchase order, consult performance of the Contract; shall not use any of that Information otherwise than for the purpose of the Contract; and shall not copy any of that Information except to the extent necessary for the purpose of exercising its rights of use and disclosure under the Contract. The Contractor shall take all reasonable precautions necessary to ensure that all Information disclosed to the Contractor by or on behalf of the Authority under or in connection with the Contractor where Contract: is disclosed to its employees and Subcontractors, only to the extent necessary for the performance of the Contract; and is treated in confidence by them and not disclosed except with the prior written consent of the Authority intends or used otherwise than for the purpose of performing work or having work performed for the Authority under the Contract or any subcontract. The Contractor shall ensure that its employees are aware of the Contractor's arrangements for discharging the obligations at clauses 14.a and 14.b before receiving Information and shall take such steps as may be reasonably practical to publish information which enforce such arrangements. Clauses 14.a and 14.b shall not apply to any Information to the extent that either Party: exercises rights of use or disclosure granted otherwise than in consequence of, or under, the Contract; has been identified as Sensitive Information. For the avoidance of doubt right to use or disclose the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure Information in accordance with the FOIA and/or EIR; and (3) present information in a format that assists the general public in understanding the relevance and completeness other Conditions of the information being Contract; or can show: that the Information was or has become published or publicly available for use otherwise than in breach of any provision of the Contract or any other agreement between the Parties; that the Information was already known to it (without restrictions on disclosure or use) prior to receiving the Information under or in connection with the Contract; that the Information was received without restriction on further disclosure from a third party which lawfully acquired the Information without any restriction on disclosure; or from its records that the same Information was derived independently of that received under or in connection with the Contract; provided that the relationship to any other Information is not revealed. Neither Party shall be in breach of this condition where it can show that any disclosure of Information was made solely and to the extent necessary to comply with a statutory, judicial or parliamentary obligation. Where such a disclosure is made, the Party making the disclosure shall ensure that the recipient of the Information is made aware of and asked to respect its confidentiality. Such disclosure shall in no way diminish the obligations of the Parties under this condition. The Authority may disclose the Information: on a confidential basis to any Central Government Body for any proper purpose of the Authority or of the relevant Central Government Body, which shall include: disclosure to the Cabinet Office and/or HM Treasury for the purpose of ensuring effective cross-Government procurement processes, including value for money and related purposes; to Parliament and Parliamentary Committees or if required by any Parliamentary reporting requirement; to the extent that the Authority (acting reasonably) deems disclosure necessary or appropriate in the course of carrying out its public obtain a fair view on how this Contract is being performed.functions;

Appears in 1 contract

Sources: Contract for Acquisition of Space

Transparency. a. Notwithstanding any other condition term of this Contract, and in particular Clause 4including Condition 13 (Disclosure of Information), the Contractor understands that the Authority may publish the Transparency Information to the general public. b. Subject to Clause 5.c, clause 12.c the Authority shall publish and maintain an up-to-date version of the Transparency Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's ’s reasonable opinion, publication of any element of the Transparency Information would be contrary to the public interest, the Authority shall be entitled to exclude such information Information from publication. The 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 shall only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information Information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate with the Authority as reasonably required to enable the Authority to publish the Transparency Information, in accordance with the principles set out above. , Where the Authority publishes Transparency Information, it shall: (1) before publishing publishing, redact any information Information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or Freedom of Information Act 2000 (FOIA) or the EIR Environmental Information Regulations 2004 (EIR), for the avoidance of doubt, including Sensitive Information; (2) taking into account the Sensitive Information set out in the purchase orderSchedule 4, consult with the Contractor where the Authority intends to publish information Information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or the EIR; and (3) present information in a format that assists the general public in understanding the relevance and completeness of the information Information being published to ensure the public obtain a fair view on how this Contract is being performed.

Appears in 1 contract

Sources: Contract for the Provision of Rental Furniture

Transparency. a. Notwithstanding any other condition term of this Contract, and in particular Clause 4including Condition 13 (Disclosure of Information), the Contractor understands that the Authority may publish the Transparency Information and Publishable Performance Information to the general public. b. Subject to Clause 5.c, clause 12.c the Authority shall publish and maintain an up-to-date version of the Transparency Information and Publishable Performance Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's reasonable opinion, publication of any element of the Transparency Information and Publishable Performance Information would be contrary to the public interest, the Authority shall be entitled to exclude such information Information from publication. The Authority acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information and Publishable Performance Information in its entirety. Accordingly, the Authority acknowledges that it shall only exclude Transparency Information and Publishable Performance Information from publication in exceptional circumstances and agrees that where it decides to exclude information Information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate with the Authority as reasonably required to enable the Authority to publish the Transparency Information and Publishable Performance Information, in accordance with the principles set out above. , including through compliance with the requirements relating to the preparation of Publishable Performance Information set out in clauses 12.e to 12. i. Where the Authority publishes Transparency Information, it shall: (1) before publishing publishing, redact any information Information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or Freedom of Information Act 2000 (FOIA) or the EIR Environmental Information Regulations 2004 (EIR), for the avoidance of doubt, including Sensitive Information; (2) taking into account the Sensitive Information set out in the purchase orderSchedule 5, consult with the Contractor where the Authority intends to publish information Information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or the EIR; and (3) present information in a format that assists the general public in understanding the relevance and completeness of the information Information being published to ensure the public obtain a fair view on how this Contract is being performed. e. Within three (3) months of the effective date of Contract the Contractor shall provide to the Authority for its approval (such approval shall not be unreasonably withheld or delayed) a draft Publishable Performance Information KPI Data Report consistent with the content requirements of Schedule 9.f. If the Authority rejects any draft Publishable Performance Information the Contractor shall submit a revised version of the relevant KPI Data Report for further approval by the Authority with five (5) business days of receipt of any notice or rejection, taking account of any recommendations for revision and improvement to the report provided by the Authority. This process shall be repeated until the parties have an agreed version of the Publishable Performance Information.

Appears in 1 contract

Sources: Contract

Transparency. a. Notwithstanding any other condition term of this Contract, and in particular Clause 4including Condition 13 (Disclosure of Information), the Contractor understands that the Authority may publish the Transparency Information and Publishable Performance Information to the general public. b. Subject to Clause 5.c, clause 12.c the Authority shall publish and maintain an up-to-date version of the Transparency Information and Publishable Performance Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's reasonable opinion, publication of any element of the Transparency Information and Publishable Performance Information would be contrary to the public interest, the Authority shall be entitled to exclude such information Information from publication. The Authority acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information and Publishable Performance Information in its entirety. Accordingly, the Authority acknowledges that it shall only exclude Transparency Information and Publishable Performance Information from publication in exceptional circumstances and agrees that where it decides to exclude information Information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate with the Authority as reasonably required to enable the Authority to publish the Transparency Information and Publishable Performance Information, in accordance with the principles set out above. , including through compliance with the requirements relating i. Where the Authority publishes Transparency Information, it shall: (1) before publishing publishing, redact any information Information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or Freedom of Information Act 2000 (FOIA) or the EIR Environmental Information Regulations 2004 (EIR), for the avoidance of doubt, including Sensitive Informationinformation; (2) taking into account the Sensitive Information set out in the purchase orderSchedule 5, consult with the Contractor where the Authority intends to publish information Information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or the EIR; and (3) present 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 this Contract is being performed. e. Within three (3) months of the effective date of Contract the Contractor shall provide to the Authority for its approval (such approval shall not be unreasonably withheld or delayed) a draft Publishable Performance Information KPI Data Report consistent with the content requirements of Schedule 9. f. If the Authority rejects any draft Publishable Performance Information the Contractor shall submit a revised version of the relevant KPI Data Report for further approval by the Authority with five (5) business days of receipt of any notice or rejection, taking account of any recommendations for revision and improvement to the report provided by the Authority. This process shall be repeated until the parties have an agreed version of the Publishable Performance Information. g. The Contractor shall provide an accurate and up-to-date version of the KPI Data Report to the Authority for each quarter at the frequency referred to in the agreed Schedule 9. h. Any dispute in connection with the preparation and/or approval of Publishable Performance Information, other than under clause 12.f, shall be resolved in accordance with the dispute resolution procedure provided for in this Contract. i. The requirements of this Condition are in addition to any other reporting requirements in this Contract.

Appears in 1 contract

Sources: Contract for Consultancy Services

Transparency. a. Notwithstanding any other condition of this Contract, and in particular Clause 4, the Contractor understands that the Authority may publish the Transparency Information to the general public. b. Subject to Clause 5.c, the Authority shall publish and maintain an up-to-date version of the Transparency Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's reasonable opinion, 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 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 shall only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate with the Authority as reasonably required to enable the Authority to publish the Transparency Information, in accordance with the principles set out above. Where the Authority publishes Transparency Information, it shall: (1) before publishing redact any information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or the EIR , for the avoidance of doubt, including Sensitive Information; (2) taking into account the Sensitive Information set out in the purchase order, consult with the Contractor where the Authority intends to publish information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or EIR; and (3) present 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 this Contract is being performed.

Appears in 1 contract

Sources: Contract

Transparency. a. Notwithstanding any other condition Condition of this Contract, and in particular including Clause 45, the Contractor understands that the Authority may publish the Transparency Information to the general public. b. Subject to Clause 5.c, the Authority shall publish and maintain an up-to-date version of the Transparency Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's reasonable opinion, 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 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 shall only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate cooperate with the Authority as reasonably required to enable the Authority to publish the Transparency Information, in accordance with the principles set out above. Where the Authority publishes Transparency Information, it shall: (1) before publishing redact any information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or or the EIR , for the avoidance of doubtEIR, including the Sensitive Information; (2) taking into account the Sensitive Information set out in the purchase orderSchedule 4, consult with the Contractor where the Authority intends to publish information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or the EIR; and (3) present 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 this Contract is being performed.. DRAFT

Appears in 1 contract

Sources: Purchase Agreement

Transparency. a. Notwithstanding any other condition term of this Contract, and in particular Clause 4including Condition 13 (Disclosure of Information), the Contractor understands that the Authority may publish the Transparency Information and Publishable Performance Information to the general public. b. Subject to Clause 5.c, clause 12.c the Authority shall publish and maintain an up-to-date version of the Transparency Information and Publishable Performance Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's reasonable opinion, publication of any element of the Transparency Information and Publishable Performance Information would be contrary to the public interest, the Authority shall be entitled to exclude such information Information from publication. The Authority acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information and Publishable Performance Information in its entirety. Accordingly, the Authority acknowledges that it shall only exclude Transparency Information and Publishable Performance Information from publication in exceptional circumstances and agrees that where it decides to exclude information Information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate with the Authority as reasonably required to enable the Authority to publish the Transparency Information and Publishable Performance Information, in accordance with the principles set out above, including through compliance with the requirements relating to the preparation of Publishable Performance Information set out in clauses 12.e to 12.i. Where the Authority publishes Transparency Information, it shall: (1) before publishing publishing, redact any information Information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or Freedom of Information Act 2000 (FOIA) or the EIR Environmental Information Regulations 2004 (EIR), for the avoidance of doubt, including Sensitive Information; (2) taking into account the Sensitive Information set out in the purchase orderSchedule 5, consult with the Contractor where the Authority intends to publish information Information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or the EIR; and (3) present information in a format that assists the general public in understanding the relevance and completeness of the information Information being published to ensure the public obtain a fair view on how this Contract is being performed. e. Within three (3) months of the effective date of Contract the Contractor shall provide to the Authority for its approval (such approval shall not be unreasonably withheld or delayed) a draft Publishable Performance Information KPI Data Report consistent with the content requirements of Schedule 9. f. If the Authority rejects any draft Publishable Performance Information the Contractor shall submit a revised version of the relevant KPI Data Report for further approval by the Authority with five (5) business days of receipt of any notice or rejection, taking account of any recommendations for revision and improvement to the report provided by the Authority. This process shall be repeated until the parties have an agreed version of the Publishable Performance Information. g. The Contractor shall provide an accurate and up-to-date version of the KPI Data Report to the Authority for each quarter at the frequency referred to in the agreed Schedule 9. h. Any dispute in connection with the preparation and/or approval of Publishable Performance Information, other than under clause 12.f, shall be resolved in accordance with the dispute resolution procedure provided for in this Contract. i. The requirements of this Condition are in addition to any other reporting requirements in this Contract.

Appears in 1 contract

Sources: Contract for in Service Support of Detector Special Purpose (Dsp34)

Transparency. a. Notwithstanding any other condition term of this Contract, and in particular Clause 4including Condition 13 (Disclosure of Information), the Contractor understands that the Authority may publish the Transparency Information and Publishable Performance Information to the general public. b. Subject to Clause 5.c, clause 12.c the Authority shall publish and maintain an up-to-date version of the Transparency Information and Publishable Performance Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's ’s reasonable opinion, publication of any element of the Transparency Information and 2 Where commercially sensitive information is requested under DEFCON 127 or DEFCON 643, and the Contractor is unable to disclose information directly to the Authority’s chosen representative, the Contractor shall submit a request to the Authority’s Representative to enable a direct submission to the Authority for the necessary review. Publishable Performance Information would be contrary to the public interest, the Authority shall be entitled to exclude such information Information from publicationPublication. The Authority acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information and Publishable Performance Information in its entirety. Accordingly, the Authority acknowledges that it shall only exclude Transparency Information and Publishable Performance Information from publication in exceptional circumstances and agrees that where it decides to exclude information Information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate with the Authority as reasonably required to enable the Authority to publish the Transparency Information and Publishable Performance Information, in accordance with the principles set out above. , including through compliance with the requirements relating to the preparation of Publishable Performance Information set out in clauses 12.e to 12. i. Where the Authority publishes Transparency Information, it shall: (1) before publishing Before publishing, redact any information Information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or Freedom of Information Act 2000 (FOIA) or the EIR Environmental Information Regulations 2004 (EIR), for the avoidance of doubt, including Sensitive Information; (2) taking into Taking account the Sensitive Information set out in the purchase orderSchedule 5, consult with the Contractor where the Authority intends to publish information Information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or the EIR; and (3) present Present information in a format that assists the general public in understanding the relevance and completeness of the information Information being published to ensure the public obtain a fair view on how this Contract is being performed. e. Within three (3) months of the effective date of Contract the Contractor shall provide to the Authority for its approval (such approval shall not be unreasonably withheld or delayed) a draft Publishable Performance Information KPI Data Report consistent with the content requirements of Schedule 9. f. If the Authority rejects any draft Publishable Performance Information the Contractor shall submit a revised version of the relevant KPI Data Report for further approval by the Authority within five (5) business days of receipt of any notice or rejection, taking account of any recommendations for revision and improvement to the report provided by the Authority. This process shall be repeated until the parties have an agreed version of the Publishable Performance Information. g. The Contractor shall provide an accurate and up-to-date version of the KPI Data Report to the Authority for each quarter at the frequency referred to in the agreed Schedule 9. h. Any dispute in connection with the preparation and/or approval of Publishable Performance Information, other than under clause 12.f, shall be resolved in accordance with the dispute resolution procedure provided for in this Contract. i. The requirements of this Condition are in addition to any other reporting requirements in this Contract.

Appears in 1 contract

Sources: Contract for Repair and Refurbishment Services

Transparency. a. Notwithstanding any other condition of this Contract, and in particular Clause 4, the Contractor understands that the Authority may publish the Transparency Information to the general public. b. Subject to Clause clause 5.c, the Authority shall publish and maintain an up-to-date version of the Transparency Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's reasonable opinion, 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 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 shall only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate with the Authority as reasonably required to enable the Authority to publish the Transparency Information, in accordance with the principles set out above. Where the Authority publishes Transparency Information, it shall: (1) before publishing redact any information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or the EIR , for the avoidance of doubt, including Sensitive Information; (2) taking into account the Sensitive Information set out in the purchase order, consult with the Contractor where the Authority intends to publish information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or EIR; and (3) present 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 this Contract is being performed.

Appears in 1 contract

Sources: Corporate Commercial Delivery Team Contract

Transparency. a. Notwithstanding any other condition term of this Contract, and in particular Clause 4including Condition 13 (Disclosure of Information), the Contractor understands that the Authority may publish the Transparency Information and Publishable Performance Information to the general public. b. Subject to Clause 5.c, clause 12.c the Authority shall publish and maintain an up-to-date version of the Transparency Information and Publishable Performance Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's reasonable opinion, publication of any element of the Transparency Information and Publishable Performance Information would be contrary to the public interest, the Authority shall be entitled to exclude such information Information from publication. The Authority acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information and Publishable Performance Information in its entirety. Accordingly, the Authority acknowledges that it shall only exclude Transparency Information and Publishable Performance Information from publication in exceptional circumstances and agrees that where it decides to exclude information Information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate with the Authority as reasonably required to enable the Authority to publish the Transparency Information and Publishable Performance Information, in accordance with the principles set out above, including through compliance with the requirements relating to the preparation of Publishable Performance Information set out in clauses 12.e to 12.i. Where the Authority publishes Transparency Information, it shall: (1) before publishing publishing, redact any information Information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or Freedom of Information ▇▇▇ ▇▇▇▇ (FOIA) or the EIR Environmental Information Regulations 2004 (EIR), for the avoidance of doubt, including Sensitive Information; (2) taking into account the Sensitive Information set out in the purchase orderSchedule 5, consult with the Contractor where the Authority intends to publish information Information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or the EIR; and (3) present information in a format that assists the general public in understanding the relevance and completeness of the information Information being published to ensure the public obtain a fair view on how this Contract is being performed. e. Within three (3) months of the effective date of Contract the Contractor shall provide to the Authority for its approval (such approval shall not be unreasonably withheld or delayed) a draft Publishable Performance Information KPI Data Report consistent with the content requirements of Schedule 9. f. If the Authority rejects any draft Publishable Performance Information the Contractor shall submit a revised version of the relevant KPI Data Report for further approval by the Authority with five (5) business days of receipt of any notice or rejection, taking account of any recommendations for revision and improvement to the report provided by the Authority. This process shall be repeated until the parties have an agreed version of the Publishable Performance Information. g. The Contractor shall provide an accurate and up-to-date version of the KPI Data Report to the Authority for each quarter at the frequency referred to in the agreed Schedule 9. h. Any dispute in connection with the preparation and/or approval of Publishable Performance Information, other than under clause 12.f, shall be resolved in accordance with the dispute resolution procedure provided for in this Contract. i. The requirements of this Condition are in addition to any other reporting requirements in this Contract.‌

Appears in 1 contract

Sources: Contract

Transparency. a. 16.2.1 The Parties acknowledge that the content of this Framework Agreement, including any changes to this Framework Agreement agreed from time to time, except for – (i) any information which is exempt from disclosure in accordance with the provisions of the FOIA, which shall be determined by the Authority; and (ii) Commercially Sensitive Information; (together the “Transparency Information”) are not Confidential Information. 16.2.2 Notwithstanding any other condition provision of this Contract, and in particular Clause 4Framework Agreement, the Contractor understands that Freight Operator hereby gives its consent for the Authority may to publish the Transparency Information to the general public. b. Subject to Clause 5.c, the Authority shall publish and maintain an up-to-date version of public the Transparency Information in a its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FOIA redacted). The Authority shall, prior to publication, consult with the Freight Operator on the manner and format readily accessible of publication and reusable by to inform its decision regarding any redactions but shall have the general public under an open licence where applicablefinal decision in its absolute discretion 16.2.3 The Freight Operator shall assist and cooperate with the Authority to enable the Authority to publish the Transparency Information. c. If, in 16.2.4 If the Authority's reasonable opinion, 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 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 shall will only exclude Transparency Information from publication in exceptional circumstances and agrees that where it decides to exclude information from publication on that basis, it will provide a clear statement explanation to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that informationFreight Operator. d. 16.2.5 The Contractor Authority shall assist and co-operate with the Authority as reasonably required to enable the Authority to publish the Transparency Information, in accordance with the principles set out above. Where the Authority publishes Transparency Information, it shall: (1) before publishing redact any information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or the EIR , for the avoidance of doubt, including Sensitive Information; (2) taking into account the Sensitive Information set out in the purchase order, consult with the Contractor where the Authority intends to publish information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or EIR; and (3) present 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 this Contract the Framework Agreement is being performed, having regard to the context of the wider commercial relationship with the Freight Operator.

Appears in 1 contract

Sources: Freight Capacity Framework Agreement

Transparency. a. Notwithstanding any other condition term of this Contract, and in particular Clause 4including Condition 13 (Disclosure of Information), the Contractor understands that the Authority may publish the Transparency Information and Publishable Performance Information to the general public. b. Subject to Clause 5.c, clause 12.c the Authority shall publish and maintain an up-to-date version of the Transparency Information and Publishable Performance Information in a format readily accessible and reusable by the general public under an open licence where applicable. c. If, in the Authority's reasonable opinion, publication of any element of the Transparency Information and Publishable Performance Information would be contrary to the public interest, the Authority shall be entitled to exclude such information Information from publication. The Authority acknowledges that it would expect the public interest by default to be best served by publication of the Transparency Information and Publishable Performance Information in its entirety. Accordingly, the Authority acknowledges that it shall only exclude Transparency Information and Publishable Performance Information from publication in exceptional circumstances and agrees that where it decides to exclude information Information from publication on that basis, it will provide a clear statement to the general public explaining the categories of information that have been excluded from publication and reasons for withholding that information. d. The Contractor shall assist and co-operate with the Authority as reasonably required to enable the Authority to publish the Transparency Information and Publishable Performance Information, in accordance with the principles set out above. , including through compliance with the requirements relating to the preparation of Publishable Performance Information set out in clause 12.e to 12. i. Where the Authority publishes Transparency Information, it shall: (1) before publishing publishing, redact any information Information that would be exempt from disclosure if it was the subject of a request for information under the FOIA and/or Freedom of Information Act 2000 (FOIA) or the EIR Environmental Information Regulations 2004 (EIR), for the avoidance of doubt, including Sensitive Informationinformation; (2) taking into account the Sensitive Information set out in the purchase orderSchedule 5, consult with the Contractor where the Authority intends to publish information Information which has been identified as Sensitive Information. For the avoidance of doubt the Authority, acting reasonably, shall have absolute discretion to decide what information shall be published or be exempt from disclosure in accordance with the FOIA and/or the EIR; and (3) present 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 this Contract is being performed.on

Appears in 1 contract

Sources: Contract for Simulator Support