ANY PARLIAMENTARY OBLIGATION, APPLICABLE LAW OR
PURSUANT TO AN ORDER OF ANY COURT OF COMPETENT JURISDICTION OR UNDER THE DISPUTE
RESOLUTION PROCEDURE;
10.5.3 INSURERS, UPON OBTAINING AN UNDERTAKING OF CONFIDENTIALITY EQUIVALENT TO
THAT CONTAINED IN CLAUSE 10.1.1 (CONFIDENTIAL INFORMATION);
10.5.4 PROFESSIONAL ADVISERS INCLUDING LENDERS, UPON OBTAINING AN UNDERTAKING OF
CONFIDENTIALITY EQUIVALENT TO THAT CONTAINED IN CLAUSE 10.1.1 (CONFIDENTIAL
INFORMATION); AND
10.5.5 ANY DEPARTMENT, OFFICER, AGENT, REPRESENTATIVE, EMPLOYEE, CONSULTANT OR
ADVISER OF ANY OF THE ENTITIES REFERRED TO IN CLAUSES 10.5.1 TO 10.5.4 ABOVE
SUBJECT, IN ANY CASE WHERE THE ENTITY IN QUESTION WOULD BE REQUIRED TO PROVIDE
AN UNDERTAKING OF
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CONFIDENTIALITY EQUIVALENT TO THAT CONTAINED IN CLAUSE 10.1.1 (CONFIDENTIAL
INFORMATION), TO OBTAINING SUCH AN UNDERTAKING OF CONFIDENTIALITY.
10.6
Delivery Up
On expiry or termination of this Contract, the Contractor shall ensure or
procure that the Nominated Staff return to the Contractor or the Authority (as
applicable) all documents, materials or any information which is confidential
(in accordance with Clause 10.1 (Confidential Information) belonging to the
Contractor or the Authority.
10.7
Damages not the only remedy
Without prejudice to any other rights or remedies that the Authority may have,
the Parties acknowledge and agree that damages alone would not be an adequate
remedy for any breach by the Contractor of this Clause 10.1 (Confidentiality)
and that the remedies of injunction and specific performance as well as any
other equitable relief for any threatened or actual breach of this Clause 10.1
(Confidentiality) by the Contractor would be more appropriate remedies.
10.8
Freedom of Information Act
10.8.1
THIS PART 10 (CONFIDENTIALITY, SECURITY AND COMPLIANCE
WITH LAW) IS SUBJECT TO THE FREEDOM OF INFORMATION ACT 2000 (FOIA), AS AMENDED,
AND THE ENVIRONMENTAL INFORMATION REGULATIONS 2004 (EIR), AS AMENDED TOGETHER
WITH ANY GUIDANCE AND/OR CODES OF PRACTICE ISSUED BY THE INFORMATION
COMMISSIONER, THE DEPARTMENT FOR CONSTITUTIONAL AFFAIRS OR THE LORD CHANCELLOR'S
DEPARTMENT.
10.8.2
THE CONTRACTOR SHALL FACILITATE THE AUTHORITY'S
COMPLIANCE WITH ITS INFORMATION DISCLOSURE OBLIGATIONS UNDER THE FOIA AND THE
EIR IN THE MANNER PROVIDED FOR IN CLAUSES 10.8.2 TO 10.8.6. AND SHALL ALSO
COMPLY WITH A PROTOCOL TO BE AGREED BETWEEN THE PARTIES FROM TIME TO TIME
DETAILING THE PRACTICAL ARRANGEMENTS AND PROCEDURES TO BE ADOPTED. IF THE
AUTHORITY IS REQUIRED TO PROVIDE INFORMATION AS A RESULT OF A REQUEST MADE TO IT
UNDER THE FOIA OR EIR AND SUCH INFORMATION IS IN THE POSSESSION OF ANY OF THE
CONTRACTOR OR ANY OF ITS SUBCONTRACTORS THEN THE CONTRACTOR SHALL PROVIDE SUCH
INFORMATION TO THE AUTHORITY AS SOON AS REASONABLY PRACTICABLE.
THE CONTRACTOR
SHALL PROVIDE ALL NECESSARY ASSISTANCE AS REASONABLY REQUESTED BY THE AUTHORITY
TO ENABLE THE AUTHORITY TO RESPOND TO A REQUEST FOR INFORMATION (AS DEFINED
UNDER THE FOIA) WITHIN THE TIME FOR COMPLIANCE SET OUT IN SECTION 10 OF THE FOIA
OR REGULATION 5 OF THE EIR.
10.8.3
The Contractor shall provide a nominated member of staff
with sufficient authority to handle, co-ordinate and be responsible for the
supply of information to the Authority for the purposes of compliance with this