Accreditation of ICT Suppliers
Intellectual Property Rights means all patents, know-how, registered trade marks, registered designs, utility models, applications and rights to apply for any of the foregoing unregistered design rights, unregistered trade marks, rights to prevent passing off for unfair competition and copyright, database rights, topography rights and any other rights in any invention discovery or process in each case in the United Kingdom and all other countries in the world and together with all renewals and extensions.
The following schedule is covered by this agreement:
The ICT Supplier Certification Scheme;
ii) All documentation contained in an application pack, including Standards Descriptions, Guidebooks, Workbooks, Handbooks;
Case studies, good practice guides;
Schedule of Certified companies”.
If notice to withdraw the licence in respect of Intellectual Property Rights as per paragraph 1 above is issued to the Applicant the Applicant shall not engage with any further companies in respect of this project from the date of such notice.
Confidentiality and Freedom of Information
In respect of any Confidential Information it may receive from the other party (the “Discloser”) and subject always to the remainder of this clause, each party (the “Recipient”) undertakes to keep secret and strictly confidential and shall not disclose any such Confidential Information to any third party without the Discloser’s prior written consent provided that:
The recipient shall not be prevented from using any general knowledge, experience or skills which were in its possession prior to the commencement of this Contract;
The provisions of this Clause shall not apply to any Confidential Information which:
Is in or enters the public domain other than by breach of the Contract or other acts or omissions of the Recipient;
Is obtained by a third party who is lawfully authorised to disclose it;
Is authorised for release by the prior written consent of the Discloser; or
The disclosure of which is required to ensure the compliance of the Agency with the FOIA and/or any applicable guidance or codes of practice.
Nothing in this Clause shall prevent the recipient from disclosing Confidential Information where it is required to do so by judicial administrative, governmental or regulatory process in connection with any action, suit, proceedings or claim or otherwise by applicable law or, where the Contractor is the recipient, to the Consultant’s immediate or ultimate holding company provided that the Contractor procures that such holding company complies with this Clause as if any reference to the Contractor in this Clause were a reference to such holding company.
The Contractor acknowledges that the Agency is subject to the FOIA and the EIR. The Contractor will act in accordance with the FOIA and any relevant codes of practice and the EIR to the extent that they apply to the Contractor’s performance under the Contract.
The Contractor agrees that:
the provisions of this Clause are subject to the respective obligations and commitments of the Agency under the FOIA and the Code of practice and the EIR;
the decision on whether any exemption applies to a request for disclosure of recorded information is a decision solely for the Agency;
Advantage West Midlands Form ADV-09 Issue 02INVITATION TO TENDERPage 15 of 35