Common use of Emoluments and Outgoings Clause in Contracts

Emoluments and Outgoings. The Service Provider shall be responsible for all remuneration, benefits, entitlements and outgoings in respect of the Relevant Employees and any other person who is or will be employed or engaged by the Service Provider in connection with the provision of any of the Services, including without limitation all wages, holiday pay, bonuses, commission, payment of PAYE, national insurance contributions, pension contributions and otherwise, from and including the applicable Relevant Transfer Date up to the applicable Exit Date. The Participating Organisation shall indemnify the Service Provider in respect of all remuneration, benefits, entitlements and outgoings in respect of the Eligible Employees, and any other employees not engaged by the Current Provider but employed in connection with the delivery of the services by any alternate Existing Service Provider whilst a Participating Organisation who is a New Participant shall indemnify the Service Provider for these matters in respect of all Eligible Employees and Relevant Employees who are or will be engaged in the provision of the Services provided to the New Participant prior to the commencement of the Service Provider as employer, including without limitation all wages, holiday pay, bonuses, commission, payment of PAYE, national insurance contributions, pension contributions and otherwise, up to the applicable Relevant Transfer Date and such indemnity shall apply in respect of any claims brought in respect of such matters whether the claim is commenced prior to or after the Relevant Transfer Data Under the contract for the provision of out of hours call handling services between the Existing Participant and the Current Provider which commenced on about 1st October 2012 (“the Existing Contract”), the Current Provider agreed to indemnify the Existing Participant and at its request any replacement provider for all remuneration, benefits, entitlements, claims and outgoings in respect of the Relevant Employees up to the Relevant Transfer Date and where an indemnity to the Existing Participant for the benefit of the Service Provider is in place the Participating Organisation shall require that to be applied by the Current Provider in the event of any claim thereunder. Where the Current Provider fails to meet the requirements of the indemnity, it is insufficient, fails to cover any claim brought and or it is withdrawn prior to being discharged, and such failure or insufficiency has not been caused by the actions or omissions of the Service Provider who shall be obliged to use all reasonable endeavours to enforce the indemnities from the Current Provider and to fully mitigate any losses, a True-Up of the Losses to the Service Provider shall be undertaken in accordance clauses 32.2.5A to 32.2.5F using the Definitive Financial Model figures as the basis of any adjustment.

Emoluments and Outgoings. 15.2.1 The Service Provider Authority shall be responsible for all remuneration, benefits, entitlements emoluments and outgoings in respect of the Relevant Employees Transferring Employees, including without limitation all wages, holiday pay, bonuses, commissions, payments of PAYE, national insurance contributions, pension contributions and any other person who is or will be employed or engaged by otherwise, up to the Service Transfer Date. 15.2.2 The Service Provider shall be or shall procure that any Sub-Contractor shall be responsible for all emoluments and outgoings in connection with the provision of any respect of the ServicesTransferring Employees, including without limitation all wages, holiday pay, bonuses, commission, payment of PAYE, national insurance contributions, pension contributions and otherwise, from and including the applicable Relevant Service Transfer Date up Date. 15.2.3 Subject to the applicable Exit Date. The Participating Organisation shall indemnify remaining provisions of this Clause 15.2.3 the Service Provider in respect agrees that it will not vary the terms and conditions of all remunerationemployment of any Transferring Employee for the first twelve (12) months immediately following the Service Transfer Date and, benefitsif legally obliged to do so, entitlements will honour the NJC pay awards while Transferring Employees remain on the terms and outgoings in respect conditions of employment they benefited from on the Eligible Employees, and any other employees not engaged by the Current Provider but employed in connection with the delivery of the services by any alternate Existing Service Provider whilst a Participating Organisation who is a New Participant shall indemnify Transfer Date. If the Service Provider for these matters in respect seeks to vary the terms and conditions of all Eligible employment of any Transferring Employee after the expiry of twelve (12) months following the Service Transfer Date, it shall comply with its consultation obligations as the employer of the Transferring Employees and Relevant Employees who are or will be engaged in the provision of the Services provided to the New Participant prior to the commencement of conduct all reasonable negotiations with any recognised trade unions. The parties agree that the Service Provider as employer, including without limitation all wages, holiday pay, bonuses, commission, payment of PAYE, national insurance contributions, pension contributions and otherwise, up may make such changes to the applicable Relevant Transferring Employees' terms and conditions of employment following the Service Transfer Date as agreed by the Transferring Employees or as are reasonably necessary to effectively manage the organisational structure of its workforce, and, for reasons of relocation and such indemnity shall apply restructure as set out in respect of any claims brought in respect of such matters whether the claim is commenced prior to or after the Relevant Transfer Data Under the contract for the provision of out of hours call handling services between the Existing Participant and the Current Provider which commenced on about 1st October 2012 (“the Existing Contract”), the Current Provider agreed to indemnify the Existing Participant and at its request any replacement provider for all remuneration, benefits, entitlements, claims and outgoings in respect of the Relevant Employees up to the Relevant Transfer Date and where an indemnity to the Existing Participant for the benefit of the Service Provider is Provider's Transformation Plan. The parties agree that the Transferring Employees' terms and conditions are deemed to include those Relevant HR Policies and Procedures described as terms and conditions of employment in place Schedule 22 (Relevant HR Policies and Procedures). 15.2.4 During the Participating Organisation shall require that to be applied by the Current Provider in the event of any claim thereunder. Where the Current Provider fails to meet the requirements of the indemnity, it is insufficient, fails to cover any claim brought and or it is withdrawn prior to being discharged, and such failure or insufficiency has not been caused by the actions or omissions of first twelve (12) months following the Service Provider who shall be obliged to use all reasonable endeavours to enforce the indemnities from the Current Provider and to fully mitigate any lossesTransfer Date, a True-Up of the Losses to the Service Provider shall be undertaken in accordance clauses 32.2.5A apply the same job evaluation schemes to 32.2.5F using Transferring Employees as those applied by the Definitive Financial Model figures Authority before the Service Transfer Date. If the Service Provider seeks to apply different job evaluation schemes to those applied by the Authority as at the Service Transfer Date, it shall comply with its consultation obligations as the basis employer of the Transferring Employees and conduct all reasonable negotiations with any adjustmentrecognised trade unions.