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FREEDOM OF INFORMATION

23.23

The Contractor shall use all reasonable efforts to assist the PCT to comply with such obligations as are imposed on the PCT by the Freedom of Information Act 2000 (“the 2000 Act”) and the Code of Openness in the NHS ("the Code") including providing the PCT with reasonable assistance in complying with any request for information in connection with the Services served on the PCT under the 2000 Act or the Code and processing information provided by the PCT in accordance with a record management system which complies with the Lord Chancellor's records management recommendations and code of conduct under section 46 of the Act.

CONFIDENTIALITY

23.24

In respect of any Confidential Information it may receive from the other Party (“the Discloser”), 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:

23.24.1

the Recipient shall not be prevented from using any general knowledge, experience or skills which were in its possession prior to the commencement of the Contract;

23.24.2

the provisions of this Clause 23.24 shall not apply to any Confidential Information which:

(a)

is in or enters the public domain other than by breach of the Contract or other act or omissions of the Recipient;

(b)

is obtained by a third party who is lawfully authorised to disclose such information; or

(c)

is authorised for release by the prior written consent of the Discloser.

23.24.3

Nothing in this Clause 23.24 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 Contractor's immediate or ultimate holding company provided that the Contractor procures that such holding company complies with this Clause 23.24 as if any reference to the Contractor in this Clause 23.24  were a reference to such

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