8. Freedom of information
8.1 The Recipient acknowledges that the Council is subject to the requirements of, and requests pursuant to, the Freedom of Information Act 2000 (FoIA) and the Environmental Information Regulations 2004 (EIR) and that the Council may be obliged (subject to the application of any relevant exemption and, where applicable, the public interest test) to disclose information (including commercially sensitive information) pursuant to such requests.
8.2 Where practicable, the Council shall consult with the Recipient before disclosing any information which relates to the subject matter of this Agreement. The Recipient shall use its best endeavours to respond to any such consultation promptly and acknowledges that it is form the Council to determine whether or not such information should be disclosed.
8.3 When requested to do so by the Council, the Recipient shall promptly provide any information in its possession relating to the Project, the Project or this Agreement and assist and co-operate with the Council to enable it to respond to a request for information under the FoIA or EIR within the time limit set out in the relevant legislation.
8.4 Both parties shall ensure that they treat as confidential and shall not disclose to any other person or use for an unauthorised purpose, and that all persons engaged by them treat as confidential and are bound by undertakings of confidentiality, any information marked or clearly identified as confidential information obtained from the other party in the course of the performance of this agreement except to the extent that the information is now or subsequently becomes public knowledge through no fault of the party in question or as required by law.