Agenda Reports Pack (Public) 15/10/2012, 19.00 - Meetings ...

10.3.3 where (and to the extent that) which a Party can demonstrate is alreadylawfully in the possession of that Party or becomes generally available and in thepublic domain otherwise than as a result of a breach of this paragraph 10;10.3.4 where (and to the extent that) disclosure is necessary to enable a determinationto be made under the Dispute Resolution Procedure contained in Schedule 7;10.3.5 where (and to the extent that) disclosure which is required pursuant to anystatutory, legal (including any order of a court of competent jurisdiction) orParliamentary obligation placed upon the party making the disclosure or the rules ofany stock exchange or governmental or regulatory authority having the force of law;or10.3.6 where the Parties agree to such information being disclosed and the manner inwhich disclosure occurs10.4 This paragraph 10 shall survive the termination of this Agreement and shall continuein full force and effect and be enforceable by each of the Parties11 Freedom of Information Act11.1 The Developer acknowledges that the Council may be subject to the requirements ofthe FOIA Legislation in relation to this Agreement and if the Council is, then theDeveloper will assist and co-operate with the Council to enable the Council to complywith any Request relating to this Agreement only but not any matter, thing orarrangement between the Parties arising out or relating to this Agreement, theProperty or otherwise11.2 The Council shall be responsible for determining whether a Request is properly madeor whether any information is exempt from disclosure under the FOIA Legislation andfor determining in its absolute discretion the information to be disclosed providedalways that the Council shall:11.2.1 promptly upon receipt of any Request give notice to the Developer of suchRequest and in such notice shall:11.2.1.1 confirm whether it considers it a proper Request and whether or notany information is exempt from disclosure under the FOIA Legislation; and11.2.1.2 (to the extent applicable) provide the Developer with sufficientinformation to allow the Developer to collate and provide any informationwhich it holds and which is required to be disclosed in respect of suchRequest; and11.2.2 consult with and obtain the views of the Developer in respect of any Request(giving due regard to such views) before it:11.2.2.1 makes any determination pursuant to this paragraph 13; and/or11.2.2.2 discloses any information;L1.040-CPO-CPOIA.v2.242Page 125