Expiry of Contract. 1.4.1. THE CHIEF EXECUTIVE and THE CONTRACTOR shall act on the basis that ▇▇▇▇ applies on expiry or termination of the Contract where THE CHIEF EXECUTIVE is proposing re-contract for services which are substantially the same as the Services. 1.4.2. During the period of 18 months preceding the expiry of the Contract or within 21 days after THE CHIEF EXECUTIVE or THE CONTRACTOR has given notice to terminate the Contract, THE CONTRACTOR shall disclose to the CHIEF EXECUTIVE and shall permit the CHIEF EXECUTIVE to disclose to any tenderer for services which are substantially the same as the Services, the Initial Staff Information provided that prior to so doing any such tenderer shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTOR. 1.4.3. During the period of three months preceding the expiry of this Contract or within 21 days after THE CHIEF EXECUTIVE or THE CONTRACTOR has given notice to terminate the Contract, THE CONTRACTOR shall, subject to the provisions of the Data Protection Act 1998, provide and thereafter keep updated at monthly intervals, to THE CHIEF EXECUTIVE and to the Successor Contractor information equivalent to the Relevant Personnel Documentation and the Prescribed Particulars in respect of each employee whom THE CONTRACTOR reasonably believes will be a Future Transferring Employee provided that prior to so doing the Successor Contractor nominated by THE CHIEF EXECUTIVE shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTOR. 1.4.4. THE CONTRACTOR shall make reasonable endeavours to assist the Successor Contractor to communicate with, meet and inform and consult with the employees whom THE CONTRACTOR reasonably believes will be a Future Transferring Employee and their trade union or other employee representatives for the purposes of complying with TUPE. 1.4.5. THE CONTRACTOR shall immediately prior to the Future Transfer Date provide to THE CHIEF EXECUTIVE or the Successor Contractor a complete and accurate list of the Prescribed Particulars and Identification Details of all employees whom it reasonably believes will be Future Transferring Employees. 1.4.6. Within a period of 21 days following the expiry or termination of this Contract THE CONTRACTOR shall provide to THE CHIEF EXECUTIVE or the Successor Contractor in writing Final Pay Details of the Future Transferring Employees. 1.4.7. THE CONTRACTOR warrants that it shall supply complete and accurate information pursuant to clauses 1.4.2, 1.4.3, 1.4.5 and 1.4.6 in all material respects and THE CONTRACTOR shall indemnify and keep THE CHIEF EXECUTIVE indemnified fully now and in the future in respect of all or any costs whether arising in contract or under any Relevant Legislation suffered or incurred by THE CHIEF EXECUTIVE or the Successor Contractor nominated by THE CHIEF EXECUTIVE by reason of any proceeding, claim or demand arising from or in connection with the provision of information and/or the failure to provide complete and accurate information under clauses 1.4.2, 1.4.3, 1.4.5, and 1.4.6, and/or the provision of assistance and/or failure to provide assistance under clause 1.4.4 of this Contract. 1.4.8. After receiving notice of the termination of this Contract and for six (6) months preceding expiry of this Contract THE CONTRACTOR shall promptly notify THE CHIEF EXECUTIVE or the Successor Contractor: 14.8.1 Of the period of notice given by THE CONTRACTOR or received from any employee whom THE CONTRACTOR reasonably believes will be a Future Transferring Employee regardless of when such notice is to take effect; 14.8.2 Of the termination, for whatever reason, of the employment of any employee whom THE CONTRACTOR reasonably believes will be a Future Transferring Employee; and 14.8.3 Of any other change to any employee whom THE CONTRACTOR reasonably believes will be a Future Transferring Employee and their terms and conditions of employment, their Prescribed Particulars and their Relevant Personnel Documentation. 14.8.4 THE CONTRACTOR warrants that it shall supply the Required Information completely and accurately in all respects at the time of supply and shall indemnify and keep THE CHIEF EXECUTIVE and/or any Successor Contractor indemnified in respect of all and any costs suffered or incurred by THE CHIEF EXECUTIVE or the Successor Contractor by reason of any proceedings, claim or demand arising out of or in connection with: 14.8.5 Any claim against THE CHIEF EXECUTIVE or the Successor Contractor by any Future Transferring Employee so far as it relates to any act or omission of THE CONTRACTOR after the Employee Transfer Date and prior to the Future Transfer Date; and 14.8.6 Any claim against THE CHIEF EXECUTIVE or the Successor Contractor by any Future Transferring Employee whose name is not included on the list provided by THE CONTRACTOR pursuant to Clause 1.4.5 so far as it relates to the dismissal of such Future Transferring Employee within two Months of THE CHIEF EXECUTIVE or Successor Contractor becoming aware of the transfer of such Future Transferring Employee. 1.4.9. For the purposes of Clause 1.4.9, in the event that THE CHIEF EXECUTIVE or the Successor Contractor incurs costs, liabilities or expenditure in respect of Future Transferring Employees which is greater than would have been the case if the Required Information supplied by THE CONTRACTOR had been accurate and complete, then such (net) greater costs, liabilities or expenditure shall be deemed to be costs suffered or incurred by THE CHIEF EXECUTIVE or Successor Contractor and included within the indemnity provided by THE CONTRACTOR. 1.4.10. THE CHIEF EXECUTIVE or Successor Contractor shall be entitled to recover from THE CONTRACTOR in full any legal, accountancy and other costs actually and reasonably incurred by THE CHIEF EXECUTIVE or Successor Contractor in connection with the costs and liabilities indemnified by THE CONTRACTOR. 1.4.11. This clause 1.4 shall continue in effect for six months following the expiry or termination of this Contract. “Initial Staff Information” Means: 1. Number of staff to be transferred;
Appears in 2 contracts
Sources: Funding Agreement, Funding Agreement
Expiry of Contract. 1.4.1. THE CHIEF EXECUTIVE The Department and THE CONTRACTOR the Contractor shall act on the basis that ▇▇▇▇ TUPE applies on expiry or termination of the Contract where THE CHIEF EXECUTIVE the Department is proposing re-re- contract for services which are substantially the same as the Services.
1.4.2. During the period of 18 months preceding the expiry of the Contract or within 21 days after THE CHIEF EXECUTIVE the Department or THE CONTRACTOR the Contractor has given notice to terminate the Contract, THE CONTRACTOR the Contractor shall disclose to the CHIEF EXECUTIVE Department and shall permit the CHIEF EXECUTIVE Department to disclose to any tenderer for services which are substantially the same as the Services, the Initial Staff Information provided that prior to so doing any such tenderer shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTORthe Contractor.
1.4.3. During the period of three months preceding the expiry of this Contract or within 21 days after THE CHIEF EXECUTIVE the Department or THE CONTRACTOR the Contractor has given notice to terminate the Contract, THE CONTRACTOR the Contractor shall, subject to the provisions of the UK GDPR and Data Protection Act 1998Legislation, provide and thereafter keep updated at monthly intervals, to THE CHIEF EXECUTIVE the Department and to the Successor Contractor information equivalent to the Relevant Personnel Documentation and the Prescribed Particulars in respect of each employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee provided that prior to so doing the Successor Contractor nominated by THE CHIEF EXECUTIVE the Department shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTORthe Contractor.
1.4.4. THE CONTRACTOR The Contractor shall make reasonable endeavours to assist the Successor Contractor to communicate with, meet and inform and consult with the employees whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee and their trade union or other employee representatives for the purposes of complying with TUPE.
1.4.5. THE CONTRACTOR The Contractor shall immediately prior to the Future Transfer Date provide to THE CHIEF EXECUTIVE the Department or the Successor Contractor a complete and accurate list of the Prescribed Particulars and Identification Details of all employees whom it reasonably believes will be Future Transferring Employees.
1.4.6. Within a period of 21 days following the expiry or termination of this Contract THE CONTRACTOR the Contractor shall provide to THE CHIEF EXECUTIVE the Department or the Successor Contractor in writing Final Pay Details of the Future Transferring Employees.
1.4.7. THE CONTRACTOR The Contractor warrants that it shall supply complete and accurate information pursuant to clauses Clauses 1.4.2, 1.4.3, 1.4.5 and 1.4.6 in all material respects and THE CONTRACTOR the Contractor shall indemnify and keep THE CHIEF EXECUTIVE the Department indemnified fully now and in the future in respect of all or any costs whether arising in contract or under any Relevant Legislation suffered or incurred by THE CHIEF EXECUTIVE the Department or the Successor Contractor nominated by THE CHIEF EXECUTIVE the Department by reason of any proceeding, claim or demand arising from or in connection with the provision of information and/or the failure to provide complete and accurate information under clauses Clauses 1.4.2, 1.4.3, 1.4.5, and 1.4.6, and/or the provision of assistance and/or failure to provide assistance under clause Clause 1.4.4 of this Contract.
1.4.8. After receiving notice of the termination of this Contract and for six (6) months preceding expiry of this Contract THE CONTRACTOR the Contractor shall promptly notify THE CHIEF EXECUTIVE the Department or the Successor Contractor:
14.8.1 1.4.8.1 Of the period of notice given by THE CONTRACTOR the Contractor or received from any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee regardless of when such notice is to take effect;
14.8.2 1.4.8.2 Of the termination, for whatever reason, of the employment of any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee; and
14.8.3 1.4.8.3 Of any other change to any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee and their terms and conditions of employment, their Prescribed Particulars and their Relevant Personnel Documentation.
14.8.4 THE CONTRACTOR 1.4.8.4 The Contractor warrants that it shall supply the Required Information completely and accurately in all respects at the time of supply and shall indemnify and keep THE CHIEF EXECUTIVE the Department and/or any Successor Contractor indemnified in respect of all and any costs suffered or incurred by THE CHIEF EXECUTIVE the Department or the Successor Contractor by reason of any proceedings, claim or demand arising out of or in connection with:
14.8.5 1.4.8.5 Any claim against THE CHIEF EXECUTIVE the Department or the Successor Contractor by any Future Transferring Employee so far as it relates to any act or omission of THE CONTRACTOR the Contractor after the Employee Transfer Date and prior to the Future Transfer Date; and
14.8.6 1.4.8.6 Any claim against THE CHIEF EXECUTIVE the Department or the Successor Contractor by any Future Transferring Employee whose name is not included on the list provided by THE CONTRACTOR the Contractor pursuant to Clause 1.4.5 so far as it relates to the dismissal of such Future Transferring Employee within two Months of THE CHIEF EXECUTIVE the Department or Successor Contractor becoming aware of the transfer of such Future Transferring Employee.
1.4.9. For the purposes of Clause 1.4.9, in the event that THE CHIEF EXECUTIVE the Department or the Successor Contractor incurs costs, liabilities or expenditure in respect of Future Transferring Employees which is greater than would have been the case if the Required Information supplied by THE CONTRACTOR the Contractor had been accurate and complete, then such (net) greater costs, liabilities or expenditure shall be deemed to be costs suffered or incurred by THE CHIEF EXECUTIVE the Department or Successor Contractor and included within the indemnity provided by THE CONTRACTORthe Contractor.
1.4.10. THE CHIEF EXECUTIVE The Department or Successor Contractor shall be entitled to recover from THE CONTRACTOR the Contractor in full any legal, accountancy and other costs actually and reasonably incurred by THE CHIEF EXECUTIVE the Department or Successor Contractor in connection with the costs and liabilities indemnified by THE CONTRACTORthe Contractor.
1.4.11. This clause Clause 1.4 shall continue in effect for six months following the expiry or termination of this Contract. “Initial Staff Information” Means:
1. Number of staff to be transferred;
2. Gender;
3. Date of Birth;
4. Whether disabled for the purposes of the Disability Discrimination Act 1995;
5. Job description;
6. Work Location;
7. Conditioned hours of work per week;
8. Date of commencement of continuous employment and (if different) the commencement date;
Appears in 2 contracts
Sources: Hei Adult Contract for Services, Hei Adult Contract for Services
Expiry of Contract. 1.4.1. THE CHIEF EXECUTIVE The ESFA and THE CONTRACTOR the Contractor shall act on the basis that ▇▇▇▇ TUPE applies on expiry or termination of the Contract where THE CHIEF EXECUTIVE the ESFA is proposing re-contract for services which are substantially the same as the Services.
1.4.2. During the period of 18 months preceding the expiry of the Contract or within 21 days after THE CHIEF EXECUTIVE the ESFA or THE CONTRACTOR the Contractor has given notice to terminate the Contract, THE CONTRACTOR the Contractor shall disclose to the CHIEF EXECUTIVE ESFA and shall permit the CHIEF EXECUTIVE ESFA to disclose to any tenderer for services which are substantially the same as the Services, the Initial Staff Information provided that prior to so doing any such tenderer shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTORthe Contractor.
1.4.3. During the period of three months preceding the expiry of this Contract or within 21 days after THE CHIEF EXECUTIVE the ESFA or THE CONTRACTOR the Contractor has given notice to terminate the Contract, THE CONTRACTOR the Contractor shall, subject to the provisions of the Data Protection Act 19982018, provide and thereafter keep updated at monthly intervals, to THE CHIEF EXECUTIVE the ESFA and to the Successor Contractor information equivalent to the Relevant Personnel Documentation and the Prescribed Particulars in respect of each employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee provided that prior to so doing the Successor Contractor nominated by THE CHIEF EXECUTIVE the ESFA shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTORthe Contractor.
1.4.4. THE CONTRACTOR The Contractor shall make reasonable endeavours to assist the Successor Contractor to communicate with, meet and inform and consult with the employees whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee and their trade union or other employee representatives for the purposes of complying with TUPE.
1.4.5. THE CONTRACTOR The Contractor shall immediately prior to the Future Transfer Date provide to THE CHIEF EXECUTIVE the ESFA or the Successor Contractor a complete and accurate list of the Prescribed Particulars and Identification Details of all employees whom it reasonably believes will be Future Transferring Employees.
1.4.6. Within a period of 21 days following the expiry or termination of this Contract THE CONTRACTOR the Contractor shall provide to THE CHIEF EXECUTIVE the ESFA or the Successor Contractor in writing Final Pay Details of the Future Transferring Employees.
1.4.7. THE CONTRACTOR The Contractor warrants that it shall supply complete and accurate information pursuant to clauses Clauses 1.4.2, 1.4.3, 1.4.5 and 1.4.6 in all material respects and THE CONTRACTOR the Contractor shall indemnify and keep THE CHIEF EXECUTIVE the ESFA indemnified fully now and in the future in respect of all or any costs whether arising in contract or under any Relevant Legislation suffered or incurred by THE CHIEF EXECUTIVE the ESFA or the Successor Contractor nominated by THE CHIEF EXECUTIVE the ESFA by reason of any proceeding, claim or demand arising from or in connection with the provision of information and/or the failure to provide complete and accurate information under clauses Clauses 1.4.2, 1.4.3, 1.4.5, and 1.4.6, and/or the provision of assistance and/or failure to provide assistance under clause Clause 1.4.4 of this Contract.
1.4.8. After receiving notice of the termination of this Contract and for six (6) months preceding expiry of this Contract THE CONTRACTOR the Contractor shall promptly notify THE CHIEF EXECUTIVE the ESFA or the Successor Contractor:
14.8.1 1.4.8.1 Of the period of notice given by THE CONTRACTOR the Contractor or received from any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee regardless of when such notice is to take effect;
14.8.2 1.4.8.2 Of the termination, for whatever reason, of the employment of any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee; and
14.8.3 1.4.8.3 Of any other change to any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee and their terms and conditions of employment, their Prescribed Particulars and their Relevant Personnel Documentation.
14.8.4 THE CONTRACTOR 1.4.8.4 The Contractor warrants that it shall supply the Required Information completely and accurately in all respects at the time of supply and shall indemnify and keep THE CHIEF EXECUTIVE the ESFA and/or any Successor Contractor indemnified in respect of all and any costs suffered or incurred by THE CHIEF EXECUTIVE the ESFA or the Successor Contractor by reason of any proceedings, claim or demand arising out of or in connection with:
14.8.5 1.4.8.5 Any claim against THE CHIEF EXECUTIVE the ESFA or the Successor Contractor by any Future Transferring Employee so far as it relates to any act or omission of THE CONTRACTOR the Contractor after the Employee Transfer Date and prior to the Future Transfer Date; and
14.8.6 1.4.8.6 Any claim against THE CHIEF EXECUTIVE the ESFA or the Successor Contractor by any Future Transferring Employee whose name is not included on the list provided by THE CONTRACTOR the Contractor pursuant to Clause 1.4.5 so far as it relates to the dismissal of such Future Transferring Employee within two Months of THE CHIEF EXECUTIVE the ESFA or Successor Contractor becoming aware of the transfer of such Future Transferring Employee.
1.4.9. For the purposes of Clause 1.4.9, in the event that THE CHIEF EXECUTIVE the ESFA or the Successor Contractor incurs costs, liabilities or expenditure in respect of Future Transferring Employees which is greater than would have been the case if the Required Information supplied by THE CONTRACTOR the Contractor had been accurate and complete, then such (net) greater costs, liabilities or expenditure shall be deemed to be costs suffered or incurred by THE CHIEF EXECUTIVE the ESFA or Successor Contractor and included within the indemnity provided by THE CONTRACTORthe Contractor.
1.4.10. THE CHIEF EXECUTIVE The ESFA or Successor Contractor shall be entitled to recover from THE CONTRACTOR the Contractor in full any legal, accountancy and other costs actually and reasonably incurred by THE CHIEF EXECUTIVE the ESFA or Successor Contractor in connection with the costs and liabilities indemnified by THE CONTRACTORthe Contractor.
1.4.11. This clause Clause 1.4 shall continue in effect for six months following the expiry or termination of this Contract. “Initial Staff Information” Means:
1. Number of staff to be transferred;
2. Gender;
3. Date of Birth;
4. Whether disabled for the purposes of the Disability Discrimination Act 1995;
5. Job description;
6. Work Location;
7. Conditioned hours of work per week;
8. Date of commencement of continuous employment and (if different) the commencement date;
Appears in 2 contracts
Sources: Hei Adult Contract for Services, Hei Adult Contract for Services
Expiry of Contract. 1.4.1. THE CHIEF EXECUTIVE The ESFA and THE CONTRACTOR the Contractor shall act on the basis that ▇▇▇▇ TUPE applies on expiry or termination of the Contract where THE CHIEF EXECUTIVE the ESFA is proposing re-contract for services which are substantially the same as the Services.
1.4.2. During the period of 18 months preceding the expiry of the Contract or within 21 days after THE CHIEF EXECUTIVE the ESFA or THE CONTRACTOR the Contractor has given notice to terminate the Contract, THE CONTRACTOR the Contractor shall disclose to the CHIEF EXECUTIVE ESFA and shall permit the CHIEF EXECUTIVE ESFA to disclose to any tenderer for services which are substantially the same as the Services, the Initial Staff Information provided that prior to so doing any such tenderer shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTORthe Contractor.
1.4.3. During the period of three months preceding the expiry of this Contract or within 21 days after THE CHIEF EXECUTIVE the ESFA or THE CONTRACTOR the Contractor has given notice to terminate the Contract, THE CONTRACTOR the Contractor shall, subject to the provisions of the Data Protection Act 19982018, provide and thereafter keep updated at monthly intervals, to THE CHIEF EXECUTIVE the ESFA and to the Successor Contractor information equivalent to the Relevant Personnel Documentation and the Prescribed Particulars in respect of each employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee provided that prior to so doing the Successor Contractor nominated by THE CHIEF EXECUTIVE the ESFA shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTORthe Contractor.
1.4.4. THE CONTRACTOR The Contractor shall make reasonable endeavours to assist the Successor Contractor to communicate with, meet and inform and consult with the employees whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee and their trade union or other employee representatives for the purposes of complying with TUPE.
1.4.5. THE CONTRACTOR The Contractor shall immediately prior to the Future Transfer Date provide to THE CHIEF EXECUTIVE the ESFA or the Successor Contractor a complete and accurate list of the Prescribed Particulars and Identification Details of all employees whom it reasonably believes will be Future Transferring Employees.
1.4.6. Within a period of 21 days following the expiry or termination of this Contract THE CONTRACTOR the Contractor shall provide to THE CHIEF EXECUTIVE the ESFA or the Successor Contractor in writing Final Pay Details of the Future Transferring Employees.
1.4.7. THE CONTRACTOR The Contractor warrants that it shall supply complete and accurate information pursuant to clauses Clauses 1.4.2, 1.4.3, 1.4.5 and 1.4.6 in all material respects and THE CONTRACTOR the Contractor shall indemnify and keep THE CHIEF EXECUTIVE the ESFA indemnified fully now and in the future in respect of all or any costs whether arising in contract or under any Relevant Legislation suffered or incurred by THE CHIEF EXECUTIVE the ESFA or the Successor Contractor nominated by THE CHIEF EXECUTIVE the ESFA by reason of any proceeding, claim or demand arising from or in connection with the provision of information and/or the failure to provide complete and accurate information under clauses Clauses 1.4.2, 1.4.3, 1.4.5, and 1.4.6, and/or the provision of assistance and/or failure to provide assistance under clause Clause 1.4.4 of this Contract.
1.4.8. After receiving notice of the termination of this Contract and for six (6) months preceding expiry of this Contract THE CONTRACTOR the Contractor shall promptly notify THE CHIEF EXECUTIVE the ESFA or the Successor Contractor:
14.8.1 Of 1.4.8.1 of the period of notice given by THE CONTRACTOR the Contractor or received from any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee regardless of when such notice is to take effect;
14.8.2 Of 1.4.8.2 of the termination, for whatever reason, of the employment of any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee; and
14.8.3 Of 1.4.8.3 of any other change to any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee and their terms and conditions of employment, their Prescribed Particulars and their Relevant Personnel Documentation.
14.8.4 THE CONTRACTOR 1.4.8.4 the Contractor warrants that it shall supply the Required Information completely and accurately in all respects at the time of supply and shall indemnify and keep THE CHIEF EXECUTIVE the ESFA and/or any Successor Contractor indemnified in respect of all and any costs suffered or incurred by THE CHIEF EXECUTIVE the ESFA or the Successor Contractor by reason of any proceedings, claim or demand arising out of or in connection with:
14.8.5 Any 1.4.8.5 any claim against THE CHIEF EXECUTIVE the ESFA or the Successor Contractor by any Future Transferring Employee so far as it relates to any act or omission of THE CONTRACTOR the Contractor after the Employee Transfer Date and prior to the Future Transfer Date; and
14.8.6 Any 1.4.8.6 any claim against THE CHIEF EXECUTIVE the ESFA or the Successor Contractor by any Future Transferring Employee whose name is not included on the list provided by THE CONTRACTOR the Contractor pursuant to Clause 1.4.5 so far as it relates to the dismissal of such Future Transferring Employee within two Months of THE CHIEF EXECUTIVE the ESFA or Successor Contractor becoming aware of the transfer of such Future Transferring Employee.
1.4.9. For the purposes of Clause 1.4.9, in the event that THE CHIEF EXECUTIVE the ESFA or the Successor Contractor incurs costs, liabilities or expenditure in respect of Future Transferring Employees which is greater than would have been the case if the Required Information supplied by THE CONTRACTOR the Contractor had been accurate and complete, then such (net) greater costs, liabilities or expenditure shall be deemed to be costs suffered or incurred by THE CHIEF EXECUTIVE the ESFA or Successor Contractor and included within the indemnity provided by THE CONTRACTORthe Contractor.
1.4.10. THE CHIEF EXECUTIVE The ESFA or Successor Contractor shall be entitled to recover from THE CONTRACTOR the Contractor in full any legal, accountancy and other costs actually and reasonably incurred by THE CHIEF EXECUTIVE the ESFA or Successor Contractor in connection with the costs and liabilities indemnified by THE CONTRACTORthe Contractor.
1.4.11. This clause Clause 1.4 shall continue in effect for six months following the expiry or termination of this Contract. “Initial Staff Information” Means:
1. Number of staff to be transferred;
2. Gender;
3. Date of Birth;
4. Whether disabled for the purposes of the Disability Discrimination Act 1995;
5. Job description;
6. Work Location;
7. Conditioned hours of work per week;
8. Date of commencement of continuous employment and (if different) the commencement date;
Appears in 2 contracts
Sources: Contract for Services, Contract for Services
Expiry of Contract. 1.4.1. THE CHIEF EXECUTIVE The Department and THE CONTRACTOR the Contractor shall act on the basis that ▇▇▇▇ TUPE applies on expiry or termination of the Contract where THE CHIEF EXECUTIVE the Department is proposing re-re- contract for services which are substantially the same as the Services.
1.4.2. During the period of 18 months preceding the expiry of the Contract or within 21 days after THE CHIEF EXECUTIVE the Department or THE CONTRACTOR the Contractor has given notice to terminate the Contract, THE CONTRACTOR the Contractor shall disclose to the CHIEF EXECUTIVE Department and shall permit the CHIEF EXECUTIVE Department to disclose to any tenderer for services which are substantially the same as the Services, the Initial Staff Information provided that prior to so doing any such tenderer shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTORthe Contractor.
1.4.3. During the period of three months preceding the expiry of this Contract or within 21 days after THE CHIEF EXECUTIVE the Department or THE CONTRACTOR the Contractor has given notice to terminate the Contract, THE CONTRACTOR the Contractor shall, subject to the provisions of the UK GDPR and Data Protection Act 1998Legislation, provide and thereafter keep updated at monthly intervals, to THE CHIEF EXECUTIVE the Department and to the Successor Contractor information equivalent to the Relevant Personnel Documentation and the Prescribed Particulars in respect of each employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee provided that prior to so doing the Successor Contractor nominated by THE CHIEF EXECUTIVE the Department shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTORthe Contractor.
1.4.4. THE CONTRACTOR The Contractor shall make reasonable endeavours to assist the Successor Contractor to communicate with, meet and inform and consult with the employees whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee and their trade union or other employee representatives for the purposes of complying with TUPE.
1.4.5. THE CONTRACTOR The Contractor shall immediately prior to the Future Transfer Date provide to THE CHIEF EXECUTIVE the Department or the Successor Contractor a complete and accurate list of the Prescribed Particulars and Identification Details of all employees whom it reasonably believes will be Future Transferring Employees.
1.4.6. Within a period of 21 days following the expiry or termination of this Contract THE CONTRACTOR the Contractor shall provide to THE CHIEF EXECUTIVE the Department or the Successor Contractor in writing Final Pay Details of the Future Transferring Employees.
1.4.7. THE CONTRACTOR The Contractor warrants that it shall supply complete and accurate information pursuant to clauses Clauses 1.4.2, 1.4.3, 1.4.5 and 1.4.6 in all material respects and THE CONTRACTOR the Contractor shall indemnify and keep THE CHIEF EXECUTIVE the Department indemnified fully now and in the future in respect of all or any costs whether arising in contract or under any Relevant Legislation suffered or incurred by THE CHIEF EXECUTIVE the Department or the Successor Contractor nominated by THE CHIEF EXECUTIVE the Department by reason of any proceeding, claim or demand arising from or in connection with the provision of information and/or the failure to provide complete and accurate information under clauses Clauses 1.4.2, 1.4.3, 1.4.5, and 1.4.6, and/or the provision of assistance and/or failure to provide assistance under clause Clause 1.4.4 of this Contract.
1.4.8. After receiving notice of the termination of this Contract and for six (6) months preceding expiry of this Contract THE CONTRACTOR the Contractor shall promptly notify THE CHIEF EXECUTIVE the Department or the Successor Contractor:
14.8.1 1.4.8.1 Of the period of notice given by THE CONTRACTOR the Contractor or received from any employee whom THE CONTRACTOR Contractor reasonably believes will be a Future Transferring Employee regardless of when such notice is to take effect;
14.8.2 1.4.8.2 Of the termination, for whatever reason, of the employment of any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee; and
14.8.3 1.4.8.3 Of any other change to any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee and their terms and conditions of employment, their Prescribed Particulars and their Relevant Personnel Documentation.
14.8.4 THE CONTRACTOR 1.4.8.4 The Contractor warrants that it shall supply the Required Information completely and accurately in all respects at the time of supply and shall indemnify and keep THE CHIEF EXECUTIVE the Department and/or any Successor Contractor indemnified in respect of all and any costs suffered or incurred by THE CHIEF EXECUTIVE the Department or the Successor Contractor by reason of any proceedings, claim or demand arising out of or in connection with:
14.8.5 1.4.8.5 Any claim against THE CHIEF EXECUTIVE the Department or the Successor Contractor by any Future Transferring Employee so far as it relates to any act or omission of THE CONTRACTOR the Contractor after the Employee Transfer Date and prior to the Future Transfer Date; and
14.8.6 1.4.8.6 Any claim against THE CHIEF EXECUTIVE the Department or the Successor Contractor by any Future Transferring Employee whose name is not included on the list provided by THE CONTRACTOR the Contractor pursuant to Clause 1.4.5 so far as it relates to the dismissal of such Future Transferring Employee within two Months of THE CHIEF EXECUTIVE the Department or Successor Contractor becoming aware of the transfer of such Future Transferring Employee.
1.4.9. For the purposes of Clause 1.4.9, in the event that THE CHIEF EXECUTIVE the Department or the Successor Contractor incurs costs, liabilities or expenditure in respect of Future Transferring Employees which is greater than would have been the case if the Required Information supplied by THE CONTRACTOR the Contractor had been accurate and complete, then such (net) greater costs, liabilities or expenditure shall be deemed to be costs suffered or incurred by THE CHIEF EXECUTIVE the Department or Successor Contractor and included within the indemnity provided by THE CONTRACTORthe Contractor.
1.4.10. THE CHIEF EXECUTIVE The Department or Successor Contractor shall be entitled to recover from THE CONTRACTOR the Contractor in full any legal, accountancy and other costs actually and reasonably incurred by THE CHIEF EXECUTIVE the Department or Successor Contractor in connection with the costs and liabilities indemnified by THE CONTRACTORthe Contractor.
1.4.11. This clause Clause 1.4 shall continue in effect for six months following the expiry or termination of this Contract. “Initial Staff Information” Means:
1. Number of staff to be transferred;
2. Gender;
Appears in 2 contracts
Sources: Contract for Services, Contract for Services
Expiry of Contract. 1.4.1. THE CHIEF EXECUTIVE The ESFA and THE CONTRACTOR the Contractor shall act on the basis that ▇▇▇▇ TUPE applies on expiry or termination of the Contract where THE CHIEF EXECUTIVE the ESFA is proposing re-contract for services which are substantially the same as the Services.
1.4.2. During the period of 18 months preceding the expiry of the Contract or within 21 days after THE CHIEF EXECUTIVE the ESFA or THE CONTRACTOR the Contractor has given notice to terminate the Contract, THE CONTRACTOR the Contractor shall disclose to the CHIEF EXECUTIVE ESFA and shall permit the CHIEF EXECUTIVE ESFA to disclose to any tenderer for services which are substantially the same as the Services, the Initial Staff Information provided that prior to so doing any such tenderer shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTORthe Contractor.
1.4.3. During the period of three (3) months preceding the expiry of this Contract or within 21 days after THE CHIEF EXECUTIVE the ESFA or THE CONTRACTOR the Contractor has given notice to terminate the Contract, THE CONTRACTOR the Contractor shall, subject to the provisions of the Data Protection Act 19982018, provide and thereafter keep updated at monthly intervals, to THE CHIEF EXECUTIVE the ESFA and to the Successor Contractor information equivalent to the Relevant Personnel Documentation and the Prescribed Particulars in respect of each employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee provided that prior to so doing the Successor Contractor nominated by THE CHIEF EXECUTIVE the ESFA shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTORthe Contractor.
1.4.4. THE CONTRACTOR The Contractor shall make reasonable endeavours to assist the Successor Contractor to communicate with, meet and inform and consult with the employees whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee and their trade union or other employee representatives for the purposes of complying with TUPE.
1.4.5. THE CONTRACTOR The Contractor shall immediately prior to the Future Transfer Date provide to THE CHIEF EXECUTIVE the ESFA or the Successor Contractor a complete and accurate list of the Prescribed Particulars and Identification Details of all employees whom it reasonably believes will be Future Transferring Employees.
1.4.6. Within a period of 21 days following the expiry or termination of this Contract THE CONTRACTOR the Contractor shall provide to THE CHIEF EXECUTIVE the ESFA or the Successor Contractor in writing Final Pay Details of the Future Transferring Employees.
1.4.7. THE CONTRACTOR The Contractor warrants that it shall supply complete and accurate information pursuant to clauses 1.4.2, 1.4.3, 1.4.5 and 1.4.6 in all material respects and THE CONTRACTOR The Contractor shall indemnify and keep THE CHIEF EXECUTIVE the ESFA indemnified fully now and in the future in respect of all or any costs whether arising in contract or under any Relevant Legislation suffered or incurred by THE CHIEF EXECUTIVE the ESFA or the Successor Contractor nominated by THE CHIEF EXECUTIVE the ESFA by reason of any proceeding, claim or demand arising from or in connection with the provision of information and/or the failure to provide complete and accurate information under clauses 1.4.2, 1.4.3, 1.4.5, and 1.4.6, and/or the provision of assistance and/or failure to provide assistance under clause 1.4.4 of this Contract.
1.4.8. After receiving notice of the termination of this Contract and for six (6) months preceding expiry of this Contract THE CONTRACTOR the Contractor shall promptly notify THE CHIEF EXECUTIVE the ESFA or the Successor Contractor:
14.8.1 Of 1.4.8.1 of the period of notice given by THE CONTRACTOR the Contractor or received from any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee regardless of when such notice is to take effect;
14.8.2 Of 1.4.8.2 of the termination, for whatever reason, of the employment of any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee; and
14.8.3 Of 1.4.8.3 of any other change to any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee and their terms and conditions of employment, their Prescribed Particulars and their Relevant Personnel Documentation.
14.8.4 THE CONTRACTOR 1.4.8.4 The Contractor warrants that it shall supply the Required Information completely and accurately in all respects at the time of supply and shall indemnify and keep THE CHIEF EXECUTIVE the ESFA and/or any Successor Contractor indemnified in respect of all and any costs suffered or incurred by THE CHIEF EXECUTIVE the ESFA or the Successor Contractor by reason of any proceedings, claim or demand arising out of or in connection with:
14.8.5 1.4.8.5 Any claim against THE CHIEF EXECUTIVE the ESFA or the Successor Contractor by any Future Transferring Employee so far as it relates to any act or omission of THE CONTRACTOR the Contractor after the Employee Transfer Date and prior to the Future Transfer Date; and
14.8.6 1.4.8.6 Any claim against THE CHIEF EXECUTIVE the ESFA or the Successor Contractor by any Future Transferring Employee whose name is not included on the list provided by THE CONTRACTOR the Contractor pursuant to Clause 1.4.5 so far as it relates to the dismissal of such Future Transferring Employee within two Months of THE CHIEF EXECUTIVE the ESFA or Successor Contractor becoming aware of the transfer of such Future Transferring Employee.
1.4.9. For the purposes of Clause 1.4.9, in the event that THE CHIEF EXECUTIVE the ESFA or the Successor Contractor incurs costs, liabilities or expenditure in respect of Future Transferring Employees which is greater than would have been the case if the Required Information supplied by THE CONTRACTOR the Contractor had been accurate and complete, then such (net) greater costs, liabilities or expenditure shall be deemed to be costs suffered or incurred by THE CHIEF EXECUTIVE the ESFA or Successor Contractor and included within the indemnity provided by THE CONTRACTORthe Contractor.
1.4.10. THE CHIEF EXECUTIVE The ESFA or Successor Contractor shall be entitled to recover from THE CONTRACTOR the Contractor in full any legal, accountancy and other costs actually and reasonably incurred by THE CHIEF EXECUTIVE the ESFA or Successor Contractor in connection with the costs and liabilities indemnified by THE CONTRACTORthe Contractor.
1.4.11. This clause 1.4 shall continue in effect for six months following the expiry or termination of this Contract. “Initial Staff Information” Means:
1. Number of staff to be transferred;
2. Gender;
3. Date of Birth;
4. Whether disabled for the purposes of the Disability Discrimination Act 1995;
5. Job description;
6. Work Location;
7. Conditioned hours of work per week;
8. Date of commencement of continuous employment and (if different) the commencement date;
Appears in 2 contracts
Sources: Contract for Services, Contract for Services
Expiry of Contract. 1.4.1. THE CHIEF EXECUTIVE The ESFA and THE CONTRACTOR the Contractor shall act on the basis that ▇▇▇▇ TUPE applies on expiry or termination of the Contract where THE CHIEF EXECUTIVE the ESFA is proposing re-contract for services which are substantially the same as the Services.
1.4.2. During the period of 18 months preceding the expiry of the Contract or within 21 days after THE CHIEF EXECUTIVE the ESFA or THE CONTRACTOR the Contractor has given notice to terminate the Contract, THE CONTRACTOR the Contractor shall disclose to the CHIEF EXECUTIVE ESFA and shall permit the CHIEF EXECUTIVE ESFA to disclose to any tenderer for services which are substantially the same as the Services, the Initial Staff Information provided that prior to so doing any such tenderer shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTORthe Contractor.
1.4.3. During the period of three months preceding the expiry of this Contract or within 21 days after THE CHIEF EXECUTIVE the ESFA or THE CONTRACTOR the Contractor has given notice to terminate the Contract, THE CONTRACTOR the Contractor shall, subject to the provisions of the Data Protection Act 19982018, provide and thereafter keep updated at monthly intervals, to THE CHIEF EXECUTIVE the ESFA and to the Successor Contractor information equivalent to the Relevant Personnel Documentation and the Prescribed Particulars in respect of each employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee provided that prior to so doing the Successor Contractor nominated by THE CHIEF EXECUTIVE the ESFA shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTORthe Contractor.
1.4.4. THE CONTRACTOR The Contractor shall make reasonable endeavours to assist the Successor Contractor to communicate with, meet and inform and consult with the employees whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee and their trade union or other employee representatives for the purposes of complying with TUPE.
1.4.5. THE CONTRACTOR The Contractor shall immediately prior to the Future Transfer Date provide to THE CHIEF EXECUTIVE the ESFA or the Successor Contractor a complete and accurate list of the Prescribed Particulars and Identification Details of all employees whom it reasonably believes will be Future Transferring Employees.
1.4.6. Within a period of 21 days following the expiry or termination of this Contract THE CONTRACTOR the Contractor shall provide to THE CHIEF EXECUTIVE the ESFA or the Successor Contractor in writing Final Pay Details of the Future Transferring Employees.
1.4.7. THE CONTRACTOR The Contractor warrants that it shall supply complete and accurate information pursuant to clauses 1.4.2, 1.4.3, 1.4.5 and 1.4.6 in all material respects and THE CONTRACTOR The Contractor shall indemnify and keep THE CHIEF EXECUTIVE the ESFA indemnified fully now and in the future in respect of all or any costs whether arising in contract or under any Relevant Legislation suffered or incurred by THE CHIEF EXECUTIVE the ESFA or the Successor Contractor nominated by THE CHIEF EXECUTIVE the ESFA by reason of any proceeding, claim or demand arising from or in connection with the provision of information and/or the failure to provide complete and accurate information under clauses 1.4.2, 1.4.3, 1.4.5, and 1.4.6, and/or the provision of assistance and/or failure to provide assistance under clause 1.4.4 of this Contract.
1.4.8. After receiving notice of the termination of this Contract and for six (6) months preceding expiry of this Contract THE CONTRACTOR the Contractor shall promptly notify THE CHIEF EXECUTIVE the ESFA or the Successor Contractor:
14.8.1 1.4.8.1 Of the period of notice given by THE CONTRACTOR the Contractor or received from any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee regardless of when such notice is to take effect;
14.8.2 1.4.8.2 Of the termination, for whatever reason, of the employment of any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee; and
14.8.3 1.4.8.3 Of any other change to any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee and their terms and conditions of employment, their Prescribed Particulars and their Relevant Personnel Documentation.
14.8.4 THE CONTRACTOR 1.4.8.4 The Contractor warrants that it shall supply the Required Information completely and accurately in all respects at the time of supply and shall indemnify and keep THE CHIEF EXECUTIVE the ESFA and/or any Successor Contractor indemnified in respect of all and any costs suffered or incurred by THE CHIEF EXECUTIVE the ESFA or the Successor Contractor by reason of any proceedings, claim or demand arising out of or in connection with:
14.8.5 1.4.8.5 Any claim against THE CHIEF EXECUTIVE the ESFA or the Successor Contractor by any Future Transferring Employee so far as it relates to any act or omission of THE CONTRACTOR the Contractor after the Employee Transfer Date and prior to the Future Transfer Date; and
14.8.6 1.4.8.6 Any claim against THE CHIEF EXECUTIVE the ESFA or the Successor Contractor by any Future Transferring Employee whose name is not included on the list provided by THE CONTRACTOR the Contractor pursuant to Clause 1.4.5 so far as it relates to the dismissal of such Future Transferring Employee within two Months of THE CHIEF EXECUTIVE the ESFA or Successor Contractor becoming aware of the transfer of such Future Transferring Employee.
1.4.9. For the purposes of Clause 1.4.9, in the event that THE CHIEF EXECUTIVE the ESFA or the Successor Contractor incurs costs, liabilities or expenditure in respect of Future Transferring Employees which is greater than would have been the case if the Required Information supplied by THE CONTRACTOR the Contractor had been accurate and complete, then such (net) greater costs, liabilities or expenditure shall be deemed to be costs suffered or incurred by THE CHIEF EXECUTIVE the ESFA or Successor Contractor and included within the indemnity provided by THE CONTRACTORthe Contractor.
1.4.10. THE CHIEF EXECUTIVE The ESFA or Successor Contractor shall be entitled to recover from THE CONTRACTOR the Contractor in full any legal, accountancy and other costs actually and reasonably incurred by THE CHIEF EXECUTIVE the ESFA or Successor Contractor in connection with the costs and liabilities indemnified by THE CONTRACTORthe Contractor.
1.4.11. This clause 1.4 shall continue in effect for six months following the expiry or termination of this Contract. “Initial Staff Information” Means:
1. Number of staff to be transferred;
2. Gender;
3. Date of Birth;
4. Whether disabled for the purposes of the Disability Discrimination Act 1995;
5. Job description;
6. Work Location;
7. Conditioned hours of work per week;
8. Date of commencement of continuous employment and (if different) the commencement date;
Appears in 2 contracts
Sources: Contract for Services, Contract for Services
Expiry of Contract. 1.4.1. THE CHIEF EXECUTIVE SFA and THE CONTRACTOR shall act on the basis that ▇▇▇▇ TUPE applies on expiry or termination of the Contract where THE CHIEF EXECUTIVE SFA is proposing re-re- contract for services which are substantially the same as the Services.
1.4.2. During the period of 18 months preceding the expiry of the Contract or within 21 days after THE CHIEF EXECUTIVE SFA or THE CONTRACTOR has given notice to terminate the Contract, THE CONTRACTOR shall disclose to the CHIEF EXECUTIVE SFA and shall permit the CHIEF EXECUTIVE SFA to disclose to any tenderer for services which are substantially the same as the Services, the Initial Staff Information provided that prior to so doing any such tenderer shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTOR.
1.4.3. During the period of three months preceding the expiry of this Contract or within 21 days after THE CHIEF EXECUTIVE SFA or THE CONTRACTOR has given notice to terminate the Contract, THE CONTRACTOR shall, subject to the provisions of the Data Protection Act 1998, provide and thereafter keep updated at monthly intervals, to THE CHIEF EXECUTIVE SFA and to the Successor Contractor information equivalent to the Relevant Personnel Documentation and the Prescribed Particulars in respect of each employee whom THE CONTRACTOR reasonably believes will be a Future Transferring Employee provided that prior to so doing the Successor Contractor nominated by THE CHIEF EXECUTIVE SFA shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTOR.
1.4.4. THE CONTRACTOR shall make reasonable endeavours to assist the Successor Contractor to communicate with, meet and inform and consult with the employees whom THE CONTRACTOR reasonably believes will be a Future Transferring Employee and their trade union or other employee representatives for the purposes of complying with TUPE.
1.4.5. THE CONTRACTOR shall immediately prior to the Future Transfer Date provide to THE CHIEF EXECUTIVE SFA or the Successor Contractor a complete and accurate list of the Prescribed Particulars and Identification Details of all employees whom it reasonably believes will be Future Transferring Employees.
1.4.6. Within a period of 21 days following the expiry or termination of this Contract THE CONTRACTOR shall provide to THE CHIEF EXECUTIVE SFA or the Successor Contractor in writing Final Pay Details of the Future Transferring Employees.
1.4.7. THE CONTRACTOR warrants that it shall supply complete and accurate information pursuant to clauses 1.4.2, 1.4.3, 1.4.5 and 1.4.6 in all material respects and THE CONTRACTOR shall indemnify and keep THE CHIEF EXECUTIVE SFA indemnified fully now and in the future in respect of all or any costs whether arising in contract or under any Relevant Legislation suffered or incurred by THE CHIEF EXECUTIVE SFA or the Successor Contractor nominated by THE CHIEF EXECUTIVE SFA by reason of any proceeding, claim or demand arising from or in connection with the provision of information and/or the failure to provide complete and accurate information under clauses 1.4.2, 1.4.3, 1.4.5, and 1.4.6, and/or the provision of assistance and/or failure to provide assistance under clause 1.4.4 of this Contract.
1.4.8. After receiving notice of the termination of this Contract and for six (6) months preceding expiry of this Contract THE CONTRACTOR shall promptly notify THE CHIEF EXECUTIVE SFA or the Successor Contractor:
14.8.1 Of the period of notice given by THE CONTRACTOR or received from any employee whom THE CONTRACTOR reasonably believes will be a Future Transferring Employee regardless of when such notice is to take effect;
14.8.2 Of the termination, for whatever reason, of the employment of any employee whom THE CONTRACTOR reasonably believes will be a Future Transferring Employee; and
14.8.3 Of any other change to any employee whom THE CONTRACTOR reasonably believes will be a Future Transferring Employee and their terms and conditions of employment, their Prescribed Particulars and their Relevant Personnel Documentation.
14.8.4 THE CONTRACTOR warrants that it shall supply the Required Information completely and accurately in all respects at the time of supply and shall indemnify and keep THE CHIEF EXECUTIVE SFA and/or any Successor Contractor indemnified in respect of all and any costs suffered or incurred by THE CHIEF EXECUTIVE SFA or the Successor Contractor by reason of any proceedings, claim or demand arising out of or in connection with:
14.8.5 Any claim against THE CHIEF EXECUTIVE SFA or the Successor Contractor by any Future Transferring Employee so far as it relates to any act or omission of THE CONTRACTOR after the Employee Transfer Date and prior to the Future Transfer Date; and
14.8.6 Any claim against THE CHIEF EXECUTIVE SFA or the Successor Contractor by any Future Transferring Employee whose name is not included on the list provided by THE CONTRACTOR pursuant to Clause 1.4.5 so far as it relates to the dismissal of such Future Transferring Employee within two Months of THE CHIEF EXECUTIVE SFA or Successor Contractor becoming aware of the transfer of such Future Transferring Employee.
1.4.9. For the purposes of Clause 1.4.9, in the event that THE CHIEF EXECUTIVE SFA or the Successor Contractor incurs costs, liabilities or expenditure in respect of Future Transferring Employees which is greater than would have been the case if the Required Information supplied by THE CONTRACTOR had been accurate and complete, then such (net) greater costs, liabilities or expenditure shall be deemed to be costs suffered or incurred by THE CHIEF EXECUTIVE SFA or Successor Contractor and included within the indemnity provided by THE CONTRACTOR.
1.4.10. THE CHIEF EXECUTIVE SFA or Successor Contractor shall be entitled to recover from THE CONTRACTOR in full any legal, accountancy and other costs actually and reasonably incurred by THE CHIEF EXECUTIVE SFA or Successor Contractor in connection with the costs and liabilities indemnified by THE CONTRACTOR.
1.4.11. This clause 1.4 shall continue in effect for six months following the expiry or termination of this Contract. “Initial Staff Information” Means:
1. Number of staff to be transferred;
Appears in 2 contracts
Sources: Funding Agreement, Funding Agreement
Expiry of Contract. 1.4.1. THE CHIEF EXECUTIVE SFA and THE CONTRACTOR shall act on the basis that ▇▇▇▇ TUPE applies on expiry or termination of the Contract where THE CHIEF EXECUTIVE SFA is proposing re-re- contract for services which are substantially the same as the Services.. WITHDRAWN
1.4.2. During the period of 18 months preceding the expiry of the Contract or within 21 days after THE CHIEF EXECUTIVE SFA or THE CONTRACTOR has given notice to terminate the Contract, THE CONTRACTOR shall disclose to the CHIEF EXECUTIVE SFA and shall permit the CHIEF EXECUTIVE SFA to disclose to any tenderer for services which are substantially the same as the Services, the Initial Staff Information provided that prior to so doing any such tenderer shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTOR.
1.4.3. During the period of three months preceding the expiry of this Contract or within 21 days after THE CHIEF EXECUTIVE SFA or THE CONTRACTOR has given notice to terminate the Contract, THE CONTRACTOR shall, subject to the provisions of the Data Protection Act 1998, provide and thereafter keep updated at monthly intervals, to THE CHIEF EXECUTIVE SFA and to the Successor Contractor information equivalent to the Relevant Personnel Documentation and the Prescribed Particulars in respect of each employee whom THE CONTRACTOR reasonably believes will be a Future Transferring Employee provided that prior to so doing the Successor Contractor nominated by THE CHIEF EXECUTIVE SFA shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTOR.
1.4.4. THE CONTRACTOR shall make reasonable endeavours to assist the Successor Contractor to communicate with, meet and inform and consult with the employees whom THE CONTRACTOR reasonably believes will be a Future Transferring Employee and their trade union or other employee representatives for the purposes of complying with TUPE.
1.4.5. THE CONTRACTOR shall immediately prior to the Future Transfer Date provide to THE CHIEF EXECUTIVE SFA or the Successor Contractor a complete and accurate list of the Prescribed Particulars and Identification Details of all employees whom it reasonably believes will be Future Transferring Employees.
1.4.6. Within a period of 21 days following the expiry or termination of this Contract THE CONTRACTOR shall provide to THE CHIEF EXECUTIVE SFA or the Successor Contractor in writing Final Pay Details of the Future Transferring Employees.
1.4.7. THE CONTRACTOR warrants that it shall supply complete and accurate information pursuant to clauses 1.4.2, 1.4.3, 1.4.5 and 1.4.6 in all material respects and THE CONTRACTOR shall indemnify and keep THE CHIEF EXECUTIVE SFA indemnified fully now and in the future in respect of all or any costs whether arising in contract or under any Relevant Legislation suffered or incurred by THE CHIEF EXECUTIVE SFA or the Successor Contractor nominated by THE CHIEF EXECUTIVE SFA by reason of any proceeding, claim or demand arising from or in connection with the provision of information and/or the failure to provide complete and accurate information under clauses 1.4.2, 1.4.3, 1.4.5, and 1.4.6, and/or the provision of assistance and/or failure to provide assistance under clause 1.4.4 of this Contract.
1.4.8. After receiving notice of the termination of this Contract and for six (6) months preceding expiry of this Contract THE CONTRACTOR shall promptly notify THE CHIEF EXECUTIVE SFA or the Successor Contractor:
14.8.1 Of the period of notice given by THE CONTRACTOR or received from any employee whom THE CONTRACTOR reasonably believes will be a Future Transferring Employee regardless of when such notice is to take effect;; WITHDRAWN
14.8.2 Of the termination, for whatever reason, of the employment of any employee whom THE CONTRACTOR reasonably believes will be a Future Transferring Employee; and
14.8.3 Of any other change to any employee whom THE CONTRACTOR reasonably believes will be a Future Transferring Employee and their terms and conditions of employment, their Prescribed Particulars and their Relevant Personnel Documentation.
14.8.4 THE CONTRACTOR warrants that it shall supply the Required Information completely and accurately in all respects at the time of supply and shall indemnify and keep THE CHIEF EXECUTIVE SFA and/or any Successor Contractor indemnified in respect of all and any costs suffered or incurred by THE CHIEF EXECUTIVE SFA or the Successor Contractor by reason of any proceedings, claim or demand arising out of or in connection with:
14.8.5 Any claim against THE CHIEF EXECUTIVE SFA or the Successor Contractor by any Future Transferring Employee so far as it relates to any act or omission of THE CONTRACTOR after the Employee Transfer Date and prior to the Future Transfer Date; and
14.8.6 Any claim against THE CHIEF EXECUTIVE SFA or the Successor Contractor by any Future Transferring Employee whose name is not included on the list provided by THE CONTRACTOR pursuant to Clause 1.4.5 so far as it relates to the dismissal of such Future Transferring Employee within two Months of THE CHIEF EXECUTIVE SFA or Successor Contractor becoming aware of the transfer of such Future Transferring Employee.
1.4.9. For the purposes of Clause 1.4.9, in the event that THE CHIEF EXECUTIVE SFA or the Successor Contractor incurs costs, liabilities or expenditure in respect of Future Transferring Employees which is greater than would have been the case if the Required Information supplied by THE CONTRACTOR had been accurate and complete, then such (net) greater costs, liabilities or expenditure shall be deemed to be costs suffered or incurred by THE CHIEF EXECUTIVE SFA or Successor Contractor and included within the indemnity provided by THE CONTRACTOR.
1.4.10. THE CHIEF EXECUTIVE SFA or Successor Contractor shall be entitled to recover from THE CONTRACTOR in full any legal, accountancy and other costs actually and reasonably incurred by THE CHIEF EXECUTIVE SFA or Successor Contractor in connection with the costs and liabilities indemnified by THE CONTRACTOR.. WITHDRAWN
1.4.11. This clause 1.4 shall continue in effect for six months following the expiry or termination of this Contract. “Initial Staff Information” Means:
1. Number of staff to be transferred;
Appears in 2 contracts
Sources: Funding Agreement, Funding Agreement
Expiry of Contract. 1.4.1. THE CHIEF EXECUTIVE ESFA and THE CONTRACTOR shall act on the basis that ▇▇▇▇ TUPE applies on expiry or termination of the Contract where THE CHIEF EXECUTIVE ESFA is proposing re-re- contract for services which are substantially the same as the Services.
1.4.2. During the period of 18 months preceding the expiry of the Contract or within 21 days after THE CHIEF EXECUTIVE ESFA or THE CONTRACTOR has given notice to terminate the Contract, THE CONTRACTOR shall disclose to the CHIEF EXECUTIVE ESFA and shall permit the CHIEF EXECUTIVE ESFA to disclose to any tenderer for services which are substantially the same as the Services, the Initial Staff Information provided that prior to so doing any such tenderer shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTOR.
1.4.3. During the period of three months preceding the expiry of this Contract or within 21 days after THE CHIEF EXECUTIVE ESFA or THE CONTRACTOR has given notice to terminate the Contract, THE CONTRACTOR shall, subject to the provisions of the Data Protection Act 1998▇▇▇ ▇▇▇▇, provide and thereafter keep updated at monthly intervals, to THE CHIEF EXECUTIVE ESFA and to the Successor Contractor information equivalent to the Relevant Personnel Documentation and the Prescribed Particulars in respect of each employee whom THE CONTRACTOR reasonably believes will be a Future Transferring Employee provided that prior to so doing the Successor Contractor nominated by THE CHIEF EXECUTIVE ESFA shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTOR.
1.4.4. THE CONTRACTOR shall make reasonable endeavours to assist the Successor Contractor to communicate with, meet and inform and consult with the employees whom THE CONTRACTOR reasonably believes will be a Future Transferring Employee and their trade union or other employee representatives for the purposes of complying with TUPE.
1.4.5. THE CONTRACTOR shall immediately prior to the Future Transfer Date provide to THE CHIEF EXECUTIVE ESFA or the Successor Contractor a complete and accurate list of the Prescribed Particulars and Identification Details of all employees whom it reasonably believes will be Future Transferring Employees.
1.4.6. Within a period of 21 days following the expiry or termination of this Contract THE CONTRACTOR shall provide to THE CHIEF EXECUTIVE ESFA or the Successor Contractor in writing Final Pay Details of the Future Transferring Employees.
1.4.7. THE CONTRACTOR warrants that it shall supply complete and accurate information pursuant to clauses 1.4.2, 1.4.3, 1.4.5 and 1.4.6 in all material respects and THE CONTRACTOR shall indemnify and keep THE CHIEF EXECUTIVE ESFA indemnified fully now and in the future in respect of all or any costs whether arising in contract or under any Relevant Legislation suffered or incurred by THE CHIEF EXECUTIVE ESFA or the Successor Contractor nominated by THE CHIEF EXECUTIVE ESFA by reason of any proceeding, claim or demand arising from or in connection with the provision of information and/or the failure to provide complete and accurate information under clauses 1.4.2, 1.4.3, 1.4.5, and 1.4.6, and/or the provision of assistance and/or failure to provide assistance under clause 1.4.4 of this Contract.
1.4.8. After receiving notice of the termination of this Contract and for six (6) months preceding expiry of this Contract THE CONTRACTOR shall promptly notify THE CHIEF EXECUTIVE ESFA or the Successor Contractor:
14.8.1 1.4.8.1 Of the period of notice given by THE CONTRACTOR or received from any employee whom THE CONTRACTOR reasonably believes will be a Future Transferring Employee regardless of when such notice is to take effect;
14.8.2 1.4.8.2 Of the termination, for whatever reason, of the employment of any employee whom THE CONTRACTOR reasonably believes will be a Future Transferring Employee; and
14.8.3 1.4.8.3 Of any other change to any employee whom THE CONTRACTOR reasonably believes will be a Future Transferring Employee and their terms and conditions of employment, their Prescribed Particulars and their Relevant Personnel Documentation.
14.8.4 1.4.8.4 THE CONTRACTOR warrants that it shall supply the Required Information completely and accurately in all respects at the time of supply and shall indemnify and keep THE CHIEF EXECUTIVE ESFA and/or any Successor Contractor indemnified in respect of all and any costs suffered or incurred by THE CHIEF EXECUTIVE ESFA or the Successor Contractor by reason of any proceedings, claim or demand arising out of or in connection with:
14.8.5 1.4.8.5 Any claim against THE CHIEF EXECUTIVE ESFA or the Successor Contractor by any Future Transferring Employee so far as it relates to any act or omission of THE CONTRACTOR after the Employee Transfer Date and prior to the Future Transfer Date; and
14.8.6 1.4.8.6 Any claim against THE CHIEF EXECUTIVE ESFA or the Successor Contractor by any Future Transferring Employee whose name is not included on the list provided by THE CONTRACTOR pursuant to Clause 1.4.5 so far as it relates to the dismissal of such Future Transferring Employee within two Months of THE CHIEF EXECUTIVE ESFA or Successor Contractor becoming aware of the transfer of such Future Transferring Employee.
1.4.9. For the purposes of Clause 1.4.9, in the event that THE CHIEF EXECUTIVE ESFA or the Successor Contractor incurs costs, liabilities or expenditure in respect of Future Transferring Employees which is greater than would have been the case if the Required Information supplied by THE CONTRACTOR had been accurate and complete, then such (net) greater costs, liabilities or expenditure shall be deemed to be costs suffered or incurred by THE CHIEF EXECUTIVE ESFA or Successor Contractor and included within the indemnity provided by THE CONTRACTOR.
1.4.10. THE CHIEF EXECUTIVE ESFA or Successor Contractor shall be entitled to recover from THE CONTRACTOR in full any legal, accountancy and other costs actually and reasonably incurred by THE CHIEF EXECUTIVE ESFA or Successor Contractor in connection with the costs and liabilities indemnified by THE CONTRACTOR.
1.4.11. This clause 1.4 shall continue in effect for six months following the expiry or termination of this Contract. “Initial Staff Information” Means:
1. Number of staff to be transferred;
Appears in 1 contract
Sources: Funding Agreement
Expiry of Contract. 1.4.1. THE CHIEF EXECUTIVE The ESFA and THE CONTRACTOR the Contractor shall act on the basis that ▇▇▇▇ TUPE applies on expiry or termination of the Contract where THE CHIEF EXECUTIVE the ESFA is proposing re-contract for services which are substantially the same as the Services.
1.4.2. During the period of 18 months preceding the expiry of the Contract or within 21 days after THE CHIEF EXECUTIVE the ESFA or THE CONTRACTOR the Contractor has given notice to terminate the Contract, THE CONTRACTOR the Contractor shall disclose to the CHIEF EXECUTIVE ESFA and shall permit the CHIEF EXECUTIVE ESFA to disclose to any tenderer for services which are substantially the same as the Services, the Initial Staff Information provided that prior to so doing any such tenderer shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTORthe Contractor.
1.4.3. During the period of three months preceding the expiry of this Contract or within 21 days after THE CHIEF EXECUTIVE the ESFA or THE CONTRACTOR the Contractor has given notice to terminate the Contract, THE CONTRACTOR the Contractor shall, subject to the provisions of the Data Protection Act 19982018, provide and thereafter keep updated at monthly intervals, to THE CHIEF EXECUTIVE the ESFA and to the Successor Contractor information equivalent to the Relevant Personnel Documentation and the Prescribed Particulars in respect of each employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee provided that prior to so doing the Successor Contractor nominated by THE CHIEF EXECUTIVE the ESFA shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTORthe Contractor.
1.4.4. THE CONTRACTOR The Contractor shall make reasonable endeavours to assist the Successor Contractor to communicate with, meet and inform and consult with the employees whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee and their trade union or other employee representatives for the purposes of complying with TUPE.
1.4.5. THE CONTRACTOR The Contractor shall immediately prior to the Future Transfer Date provide to THE CHIEF EXECUTIVE the ESFA or the Successor Contractor a complete and accurate list of the Prescribed Particulars and Identification Details of all employees whom it reasonably believes will be Future Transferring Employees.
1.4.6. Within a period of 21 days following the expiry or termination of this Contract THE CONTRACTOR the Contractor shall provide to THE CHIEF EXECUTIVE the ESFA or the Successor Contractor in writing Final Pay Details of the Future Transferring Employees.
1.4.7. THE CONTRACTOR The Contractor warrants that it shall supply complete and accurate information pursuant to clauses 1.4.2, 1.4.3, 1.4.5 and 1.4.6 in all material respects and THE CONTRACTOR the Contractor shall indemnify and keep THE CHIEF EXECUTIVE the ESFA indemnified fully now and in the future in respect of all or any costs whether arising in contract or under any Relevant Legislation suffered or incurred by THE CHIEF EXECUTIVE the ESFA or the Successor Contractor nominated by THE CHIEF EXECUTIVE the ESFA by reason of any proceeding, claim or demand arising from or in connection with the provision of information and/or the failure to provide complete and accurate information under clauses 1.4.2, 1.4.3, 1.4.5, and 1.4.6, and/or the provision of assistance and/or failure to provide assistance under clause 1.4.4 of this Contract.
1.4.8. After receiving notice of the termination of this Contract and for six (6) months preceding expiry of this Contract THE CONTRACTOR the Contractor shall promptly notify THE CHIEF EXECUTIVE the ESFA or the Successor Contractor:
14.8.1 1.4.8.1 Of the period of notice given by THE CONTRACTOR the Contractor or received from any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee regardless of when such notice is to take effect;
14.8.2 1.4.8.2 Of the termination, for whatever reason, of the employment of any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee; and
14.8.3 1.4.8.3 Of any other change to any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee and their terms and conditions of employment, their Prescribed Particulars and their Relevant Personnel Documentation.
14.8.4 THE CONTRACTOR 1.4.8.4 The Contractor warrants that it shall supply the Required Information completely and accurately in all respects at the time of supply and shall indemnify and keep THE CHIEF EXECUTIVE the ESFA and/or any Successor Contractor indemnified in respect of all and any costs suffered or incurred by THE CHIEF EXECUTIVE the ESFA or the Successor Contractor by reason of any proceedings, claim or demand arising out of or in connection with:
14.8.5 1.4.8.5 Any claim against THE CHIEF EXECUTIVE the ESFA or the Successor Contractor by any Future Transferring Employee so far as it relates to any act or omission of THE CONTRACTOR the Contractor after the Employee Transfer Date and prior to the Future Transfer Date; and
14.8.6 1.4.8.6 Any claim against THE CHIEF EXECUTIVE the ESFA or the Successor Contractor by any Future Transferring Employee whose name is not included on the list provided by THE CONTRACTOR the Contractor pursuant to Clause 1.4.5 so far as it relates to the dismissal of such Future Transferring Employee within two Months of THE CHIEF EXECUTIVE the ESFA or Successor Contractor becoming aware of the transfer of such Future Transferring Employee.
1.4.9. For the purposes of Clause 1.4.9, in the event that THE CHIEF EXECUTIVE the ESFA or the Successor Contractor incurs costs, liabilities or expenditure in respect of Future Transferring Employees which is greater than would have been the case if the Required Information supplied by THE CONTRACTOR the Contractor had been accurate and complete, then such (net) greater costs, liabilities or expenditure shall be deemed to be costs suffered or incurred by THE CHIEF EXECUTIVE the ESFA or Successor Contractor and included within the indemnity provided by THE CONTRACTORthe Contractor.
1.4.10. THE CHIEF EXECUTIVE The ESFA or Successor Contractor shall be entitled to recover from THE CONTRACTOR the Contractor in full any legal, accountancy and other costs actually and reasonably incurred by THE CHIEF EXECUTIVE the ESFA or Successor Contractor in connection with the costs and liabilities indemnified by THE CONTRACTORthe Contractor.
1.4.11. This clause 1.4 shall continue in effect for six months following the expiry or termination of this Contract. “Initial Staff Information” Means:
1. Number of staff to be transferred;
Appears in 1 contract
Sources: Hei Adult Contract for Services
Expiry of Contract. 1.4.1. THE CHIEF EXECUTIVE The Department and THE CONTRACTOR the Contractor shall act on the basis that ▇▇▇▇ TUPE applies on expiry or termination of the Contract where THE CHIEF EXECUTIVE the Department is proposing re-re- contract for services which are substantially the same as the Services.
1.4.2. During the period of 18 months preceding the expiry of the Contract or within 21 days after THE CHIEF EXECUTIVE the Department or THE CONTRACTOR the Contractor has given notice to terminate the Contract, THE CONTRACTOR the Contractor shall disclose to the CHIEF EXECUTIVE Department and shall permit the CHIEF EXECUTIVE Department to disclose to any tenderer for services which are substantially the same as the Services, the Initial Staff Information provided that prior to so doing any such tenderer shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTORthe Contractor.
1.4.3. During the period of three months preceding the expiry of this Contract or within 21 days after THE CHIEF EXECUTIVE the Department or THE CONTRACTOR the Contractor has given notice to terminate the Contract, THE CONTRACTOR the Contractor shall, subject to the provisions of the UK GDPR and Data Protection Act 1998Legislation, provide and thereafter keep updated at monthly intervals, to THE CHIEF EXECUTIVE the Department and to the Successor Contractor information equivalent to the Relevant Personnel Documentation and the Prescribed Particulars in respect of each employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee provided that prior to so doing the Successor Contractor nominated by THE CHIEF EXECUTIVE the Department shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTORthe Contractor.
1.4.4. THE CONTRACTOR The Contractor shall make reasonable endeavours to assist the Successor Contractor to communicate with, meet and inform and consult with the employees whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee and their trade union or other employee representatives for the purposes of complying with TUPE.
1.4.5. THE CONTRACTOR The Contractor shall immediately prior to the Future Transfer Date provide to THE CHIEF EXECUTIVE the Department or the Successor Contractor a complete and accurate list of the Prescribed Particulars and Identification Details of all employees whom it reasonably believes will be Future Transferring Employees.
1.4.6. Within a period of 21 days following the expiry or termination of this Contract THE CONTRACTOR the Contractor shall provide to THE CHIEF EXECUTIVE the Department or the Successor Contractor in writing Final Pay Details of the Future Transferring Employees.
1.4.7. THE CONTRACTOR The Contractor warrants that it shall supply complete and accurate information pursuant to clauses Paragraphs 1.4.2, 1.4.3, 1.4.5 and 1.4.6 in all material respects and THE CONTRACTOR the Contractor shall indemnify and keep THE CHIEF EXECUTIVE the Department indemnified fully now and in the future in respect of all or any costs whether arising in contract or under any Relevant Legislation suffered or incurred by THE CHIEF EXECUTIVE the Department or the Successor Contractor nominated by THE CHIEF EXECUTIVE the Department by reason of any proceeding, claim or demand arising from or in connection with the provision of information and/or the failure to provide complete and accurate information under clauses Paragraphs 1.4.2, 1.4.3, 1.4.5, and 1.4.6, and/or the provision of assistance and/or failure to provide assistance under clause Paragraph 1.4.4 of this ContractSchedule.
1.4.8. After receiving notice of the termination of this Contract and for six (6) months preceding expiry of this Contract THE CONTRACTOR the Contractor shall promptly notify THE CHIEF EXECUTIVE the Department or the Successor Contractor:
14.8.1 1.4.8.1 Of the period of notice given by THE CONTRACTOR the Contractor or received from any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee regardless of when such notice is to take effect;
14.8.2 1.4.8.2 Of the termination, for whatever reason, of the employment of any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee; and
14.8.3 1.4.8.3 Of any other change to any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee and their terms and conditions of employment, their Prescribed Particulars and their Relevant Personnel Documentation.
14.8.4 THE CONTRACTOR 1.4.8.4 The Contractor warrants that it shall supply the Required Information completely and accurately in all respects at the time of supply and shall indemnify and keep THE CHIEF EXECUTIVE the Department and/or any Successor Contractor indemnified in respect of all and any costs suffered or incurred by THE CHIEF EXECUTIVE the Department or the Successor Contractor by reason of any proceedings, claim or demand arising out of or in connection with:
14.8.5 1.4.8.5 Any claim against THE CHIEF EXECUTIVE the Department or the Successor Contractor by any Future Transferring Employee so far as it relates to any act or omission of THE CONTRACTOR the Contractor after the Employee Transfer Date and prior to the Future Transfer Date; and
14.8.6 1.4.8.6 Any claim against THE CHIEF EXECUTIVE the Department or the Successor Contractor by any Future Transferring Employee whose name is not included on the list provided by THE CONTRACTOR the Contractor pursuant to Clause Paragraph 1.4.5 so far as it relates to the dismissal of such Future Transferring Employee within two Months of THE CHIEF EXECUTIVE the Department or Successor Contractor becoming aware of the transfer of such Future Transferring Employee.
1.4.9. For the purposes of Clause Paragraph 1.4.9, in the event that THE CHIEF EXECUTIVE the Department or the Successor Contractor incurs costs, liabilities or expenditure in respect of Future Transferring Employees which is greater than would have been the case if the Required Information supplied by THE CONTRACTOR the Contractor had been accurate and complete, then such (net) greater costs, liabilities or expenditure shall be deemed to be costs suffered or incurred by THE CHIEF EXECUTIVE the Department or Successor Contractor and included within the indemnity provided by THE CONTRACTORthe Contractor.
1.4.10. THE CHIEF EXECUTIVE The Department or Successor Contractor shall be entitled to recover from THE CONTRACTOR the Contractor in full any legal, accountancy and other costs actually and reasonably incurred by THE CHIEF EXECUTIVE the Department or Successor Contractor in connection with the costs and liabilities indemnified by THE CONTRACTORthe Contractor.
1.4.11. This clause Paragraph 1.4 shall continue in effect for six months following the expiry or termination of this Contract. “Initial Staff Information” Means:
1. Number of staff to be transferred;
2. Gender;
3. Date of Birth;
4. Whether disabled for the purposes of the Disability Discrimination Act 1995;
5. Job description;
6. Work Location;
7. Conditioned hours of work per week;
8. Date of commencement of continuous employment and (if different) the commencement date;
Appears in 1 contract
Sources: Hei Adult Contract for Services
Expiry of Contract. 1.4.1. THE CHIEF EXECUTIVE The ESFA and THE CONTRACTOR the Contractor shall act on the basis that ▇▇▇▇ TUPE applies on expiry or termination of the Contract where THE CHIEF EXECUTIVE the ESFA is proposing re-contract for services which are substantially the same as the Services.
1.4.2. During the period of 18 months preceding the expiry of the Contract or within 21 days after THE CHIEF EXECUTIVE the ESFA or THE CONTRACTOR the Contractor has given notice to terminate the Contract, THE CONTRACTOR the Contractor shall disclose to the CHIEF EXECUTIVE ESFA and shall permit the CHIEF EXECUTIVE ESFA to disclose to any tenderer for services which are substantially the same as the Services, the Initial Staff Information provided that prior to so doing any such tenderer shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTORthe Contractor.
1.4.3. During the period of three months preceding the expiry of this Contract or within 21 days after THE CHIEF EXECUTIVE the ESFA or THE CONTRACTOR the Contractor has given notice to terminate the Contract, THE CONTRACTOR the Contractor shall, subject to the provisions of the Data Protection Act 1998Laws, provide and thereafter keep updated at monthly intervals, to THE CHIEF EXECUTIVE the ESFA and to the Successor Contractor information equivalent to the Relevant Personnel Documentation and the Prescribed Particulars in respect of each employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee provided that prior to so doing the Successor Contractor nominated by THE CHIEF EXECUTIVE the ESFA shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTORthe Contractor.
1.4.4. THE CONTRACTOR The Contractor shall make reasonable endeavours to assist the Successor Contractor to communicate with, meet and inform and consult with the employees whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee and their trade union or other employee representatives for the purposes of complying with TUPE.
1.4.5. THE CONTRACTOR The Contractor shall immediately prior to the Future Transfer Date provide to THE CHIEF EXECUTIVE the ESFA or the Successor Contractor a complete and accurate list of the Prescribed Particulars and Identification Details of all employees whom it reasonably believes will be Future Transferring Employees.
1.4.6. Within a period of 21 days following the expiry or termination of this Contract THE CONTRACTOR the Contractor shall provide to THE CHIEF EXECUTIVE the ESFA or the Successor Contractor in writing Final Pay Details of the Future Transferring Employees.
1.4.7. THE CONTRACTOR The Contractor warrants that it shall supply complete and accurate information pursuant to clauses Clauses 1.4.2, 1.4.3, 1.4.5 and 1.4.6 in all material respects and THE CONTRACTOR Contractor shall indemnify and keep THE CHIEF EXECUTIVE ESFA indemnified fully now and in the future in respect of all or any costs whether arising in contract or under any Relevant Legislation suffered or incurred by THE CHIEF EXECUTIVE ESFA or the Successor Contractor nominated by THE CHIEF EXECUTIVE ESFA by reason of any proceeding, claim or demand arising from or in connection with the provision of information and/or the failure to provide complete and accurate information under clauses Clauses 1.4.2, 1.4.3, 1.4.5, and 1.4.6, and/or the provision of assistance and/or failure to provide assistance under clause Clause 1.4.4 of this Contract.
1.4.8. After receiving notice of the termination of this Contract and for six (6) months preceding expiry of this Contract THE CONTRACTOR Contractor shall promptly notify THE CHIEF EXECUTIVE ESFA or the Successor Contractor:
14.8.1 1.4.8.1 Of the period of notice given by THE CONTRACTOR Contractor or received from any employee whom THE CONTRACTOR Contractor reasonably believes will be a Future Transferring Employee regardless of when such notice is to take effect;
14.8.2 1.4.8.2 Of the termination, for whatever reason, of the employment of any employee whom THE CONTRACTOR Contractor reasonably believes will be a Future Transferring Employee; and
14.8.3 1.4.8.3 Of any other change to any employee whom THE CONTRACTOR Contractor reasonably believes will be a Future Transferring Employee and their terms and conditions of employment, their Prescribed Particulars and their Relevant Personnel Documentation.
14.8.4 THE CONTRACTOR 1.4.8.4 The Contractor warrants that it shall supply the Required Information completely and accurately in all respects at the time of supply and shall indemnify and keep THE CHIEF EXECUTIVE the ESFA and/or any Successor Contractor indemnified in respect of all and any costs suffered or incurred by THE CHIEF EXECUTIVE the ESFA or the Successor Contractor by reason of any proceedings, claim or demand arising out of or in connection with:
14.8.5 1.4.8.5 Any claim against THE CHIEF EXECUTIVE the ESFA or the Successor Contractor by any Future Transferring Employee so far as it relates to any act or omission of THE CONTRACTOR the Contractor after the Employee Transfer Date and prior to the Future Transfer Date; and
14.8.6 1.4.8.6 Any claim against THE CHIEF EXECUTIVE the ESFA or the Successor Contractor by any Future Transferring Employee whose name is not included on the list provided by THE CONTRACTOR the Contractor pursuant to Clause 1.4.5 so far as it relates to the dismissal of such Future Transferring Employee within two Months of THE CHIEF EXECUTIVE the ESFA or Successor Contractor becoming aware of the transfer of such Future Transferring Employee.
1.4.9. For the purposes of Clause 1.4.9, in the event that THE CHIEF EXECUTIVE the ESFA or the Successor Contractor incurs costs, liabilities or expenditure in respect of Future Transferring Employees which is greater than would have been the case if the Required Information supplied by THE CONTRACTOR the Contractor had been accurate and complete, then such (net) greater costs, liabilities or expenditure shall be deemed to be costs suffered or incurred by THE CHIEF EXECUTIVE the ESFA or Successor Contractor and included within the indemnity provided by THE CONTRACTORthe Contractor.
1.4.10. THE CHIEF EXECUTIVE The ESFA or Successor Contractor shall be entitled to recover from THE CONTRACTOR the Contractor in full any legal, accountancy and other costs actually and reasonably incurred by THE CHIEF EXECUTIVE the ESFA or Successor Contractor in connection with the costs and liabilities indemnified by THE CONTRACTORthe Contractor.
1.4.11. This clause Clause 1.4 shall continue in effect for six months following the expiry or termination of this Contract. “Initial Staff Information” Means:
1. Number of staff to be transferred;
Appears in 1 contract
Sources: Contract for Services
Expiry of Contract. 1.4.1. THE CHIEF EXECUTIVE The ESFA and THE CONTRACTOR the Contractor shall act on the basis that ▇▇▇▇ TUPE applies on expiry or termination of the Contract where THE CHIEF EXECUTIVE the ESFA is proposing re-contract for services which are substantially the same as the Services.
1.4.2. During the period of 18 months preceding the expiry of the Contract or within 21 days after THE CHIEF EXECUTIVE the ESFA or THE CONTRACTOR the Contractor has given notice to terminate the Contract, THE CONTRACTOR the Contractor shall disclose to the CHIEF EXECUTIVE ESFA and shall permit the CHIEF EXECUTIVE ESFA to disclose to any tenderer for services which are substantially the same as the Services, the Initial Staff Information provided that prior to so doing any such tenderer shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTORthe Contractor.
1.4.3. During the period of three months preceding the expiry of this Contract or within 21 days after THE CHIEF EXECUTIVE the ESFA or THE CONTRACTOR the Contractor has given notice to terminate the Contract, THE CONTRACTOR the Contractor shall, subject to the provisions of the UK GDPR and Data Protection Act 1998Laws, provide and thereafter keep updated at monthly intervals, to THE CHIEF EXECUTIVE the ESFA and to the Successor Contractor information equivalent to the Relevant Personnel Documentation and the Prescribed Particulars in respect of each employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee provided that prior to so doing the Successor Contractor nominated by THE CHIEF EXECUTIVE the ESFA shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTORthe Contractor.
1.4.4. THE CONTRACTOR The Contractor shall make reasonable endeavours to assist the Successor Contractor to communicate with, meet and inform and consult with the employees whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee and their trade union or other employee representatives for the purposes of complying with TUPE.
1.4.5. THE CONTRACTOR The Contractor shall immediately prior to the Future Transfer Date provide to THE CHIEF EXECUTIVE the ESFA or the Successor Contractor a complete and accurate list of the Prescribed Particulars and Identification Details of all employees whom it reasonably believes will be Future Transferring Employees.
1.4.6. Within a period of 21 days following the expiry or termination of this Contract THE CONTRACTOR the Contractor shall provide to THE CHIEF EXECUTIVE the ESFA or the Successor Contractor in writing Final Pay Details of the Future Transferring Employees.
1.4.7. THE CONTRACTOR The Contractor warrants that it shall supply complete and accurate information pursuant to clauses Clauses 1.4.2, 1.4.3, 1.4.5 and 1.4.6 in all material respects and THE CONTRACTOR the Contractor shall indemnify and keep THE CHIEF EXECUTIVE the ESFA indemnified fully now and in the future in respect of all or any costs whether arising in contract or under any Relevant Legislation suffered or incurred by THE CHIEF EXECUTIVE the ESFA or the Successor Contractor nominated by THE CHIEF EXECUTIVE the ESFA by reason of any proceeding, claim or demand arising from or in connection with the provision of information and/or the failure to provide complete and accurate information under clauses Clauses 1.4.2, 1.4.3, 1.4.5, and 1.4.6, and/or the provision of assistance and/or failure to provide assistance under clause Clause 1.4.4 of this Contract.
1.4.8. After receiving notice of the termination of this Contract and for six (6) months preceding expiry of this Contract THE CONTRACTOR the Contractor shall promptly notify THE CHIEF EXECUTIVE the ESFA or the Successor Contractor:
14.8.1 1.4.8.1 Of the period of notice given by THE CONTRACTOR the Contractor or received from any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee regardless of when such notice is to take effect;
14.8.2 1.4.8.2 Of the termination, for whatever reason, of the employment of any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee; and
14.8.3 1.4.8.3 Of any other change to any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee and their terms and conditions of employment, their Prescribed Particulars and their Relevant Personnel Documentation.
14.8.4 THE CONTRACTOR 1.4.8.4 The Contractor warrants that it shall supply the Required Information completely and accurately in all respects at the time of supply and shall indemnify and keep THE CHIEF EXECUTIVE the ESFA and/or any Successor Contractor indemnified in respect of all and any costs suffered or incurred by THE CHIEF EXECUTIVE the ESFA or the Successor Contractor by reason of any proceedings, claim or demand arising out of or in connection with:
14.8.5 1.4.8.5 Any claim against THE CHIEF EXECUTIVE the ESFA or the Successor Contractor by any Future Transferring Employee so far as it relates to any act or omission of THE CONTRACTOR the Contractor after the Employee Transfer Date and prior to the Future Transfer Date; and
14.8.6 1.4.8.6 Any claim against THE CHIEF EXECUTIVE the ESFA or the Successor Contractor by any Future Transferring Employee whose name is not included on the list provided by THE CONTRACTOR the Contractor pursuant to Clause 1.4.5 so far as it relates to the dismissal of such Future Transferring Employee within two Months of THE CHIEF EXECUTIVE the ESFA or Successor Contractor becoming aware of the transfer of such Future Transferring Employee.
1.4.9. For the purposes of Clause 1.4.9, in the event that THE CHIEF EXECUTIVE the ESFA or the Successor Contractor incurs costs, liabilities or expenditure in respect of Future Transferring Employees which is greater than would have been the case if the Required Information supplied by THE CONTRACTOR the Contractor had been accurate and complete, then such (net) greater costs, liabilities or expenditure shall be deemed to be costs suffered or incurred by THE CHIEF EXECUTIVE the ESFA or Successor Contractor and included within the indemnity provided by THE CONTRACTORthe Contractor.
1.4.10. THE CHIEF EXECUTIVE The ESFA or Successor Contractor shall be entitled to recover from THE CONTRACTOR the Contractor in full any legal, accountancy and other costs actually and reasonably incurred by THE CHIEF EXECUTIVE the ESFA or Successor Contractor in connection with the costs and liabilities indemnified by THE CONTRACTORthe Contractor.
1.4.11. This clause Clause 1.4 shall continue in effect for six months following the expiry or termination of this Contract. “Initial Staff Information” Means:
1. Number of staff to be transferred;
2. Gender;
3. Date of Birth;
4. Whether disabled for the purposes of the Disability Discrimination Act 1995;
5. Job description;
6. Work Location;
7. Conditioned hours of work per week;
8. Date of commencement of continuous employment and (if different) the commencement date;
Appears in 1 contract
Sources: Hei Adult Contract for Services
Expiry of Contract. 1.4.1. THE CHIEF EXECUTIVE The ESFA and THE CONTRACTOR the Contractor shall act on the basis that ▇▇▇▇ TUPE applies on expiry or termination of the Contract where THE CHIEF EXECUTIVE the ESFA is proposing re-contract for services which are substantially the same as the Services.
1.4.2. During the period of 18 months preceding the expiry of the Contract or within 21 days after THE CHIEF EXECUTIVE the ESFA or THE CONTRACTOR the Contractor has given notice to terminate the Contract, THE CONTRACTOR the Contractor shall disclose to the CHIEF EXECUTIVE ESFA and shall permit the CHIEF EXECUTIVE ESFA to disclose to any tenderer for services which are substantially the same as the Services, the Initial Staff Information provided that prior to so doing any such tenderer shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTORthe Contractor.
1.4.3. During the period of three months preceding the expiry of this Contract or within 21 days after THE CHIEF EXECUTIVE the ESFA or THE CONTRACTOR the Contractor has given notice to terminate the Contract, THE CONTRACTOR the Contractor shall, subject to the provisions of the Data Protection Act 19982018, provide and thereafter keep updated at monthly intervals, to THE CHIEF EXECUTIVE the ESFA and to the Successor Contractor information equivalent to the Relevant Personnel Documentation and the Prescribed Particulars in respect of each employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee provided that prior to so doing the Successor Contractor nominated by THE CHIEF EXECUTIVE the ESFA shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTORthe Contractor.
1.4.4. THE CONTRACTOR The Contractor shall make reasonable endeavours to assist the Successor Contractor to communicate with, meet and inform and consult with the employees whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee and their trade union or other employee representatives for the purposes of complying with TUPE.
1.4.5. THE CONTRACTOR The Contractor shall immediately prior to the Future Transfer Date provide to THE CHIEF EXECUTIVE the ESFA or the Successor Contractor a complete and accurate list of the Prescribed Particulars and Identification Details of all employees whom it reasonably believes will be Future Transferring Employees.
1.4.6. Within a period of 21 days following the expiry or termination of this Contract THE CONTRACTOR the Contractor shall provide to THE CHIEF EXECUTIVE the ESFA or the Successor Contractor in writing Final Pay Details of the Future Transferring Employees.
1.4.7. THE CONTRACTOR The Contractor warrants that it shall supply complete and accurate information pursuant to clauses 1.4.2, 1.4.3, 1.4.5 and 1.4.6 in all material respects and THE CONTRACTOR the Contractor shall indemnify and keep THE CHIEF EXECUTIVE the ESFA indemnified fully now and in the future in respect of all or any costs whether arising in contract or under any Relevant Legislation suffered or incurred by THE CHIEF EXECUTIVE the ESFA or the Successor Contractor nominated by THE CHIEF EXECUTIVE the ESFA by reason of any proceeding, claim or demand arising from or in connection with the provision of information and/or the failure to provide complete and accurate information under clauses 1.4.2, 1.4.3, 1.4.5, and 1.4.6, and/or the provision of assistance and/or failure to provide assistance under clause 1.4.4 of this Contract.
1.4.8. After receiving notice of the termination of this Contract and for six (6) months preceding expiry of this Contract THE CONTRACTOR the Contractor shall promptly notify THE CHIEF EXECUTIVE the ESFA or the Successor Contractor:
14.8.1 Of 1.4.8.1 of the period of notice given by THE CONTRACTOR the Contractor or received from any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee regardless of when such notice is to take effect;
14.8.2 Of 1.4.8.2 of the termination, for whatever reason, of the employment of any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee; and
14.8.3 Of 1.4.8.3 of any other change to any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee and their terms and conditions of employment, their Prescribed Particulars and their Relevant Personnel Documentation.
14.8.4 THE CONTRACTOR 1.4.8.4 the Contractor warrants that it shall supply the Required Information completely and accurately in all respects at the time of supply and shall indemnify and keep THE CHIEF EXECUTIVE the ESFA and/or any Successor Contractor indemnified in respect of all and any costs suffered or incurred by THE CHIEF EXECUTIVE the ESFA or the Successor Contractor by reason of any proceedings, claim or demand arising out of or in connection with:
14.8.5 Any 1.4.8.5 any claim against THE CHIEF EXECUTIVE the ESFA or the Successor Contractor by any Future Transferring Employee so far as it relates to any act or omission of THE CONTRACTOR the Contractor after the Employee Transfer Date and prior to the Future Transfer Date; and
14.8.6 Any 1.4.8.6 any claim against THE CHIEF EXECUTIVE the ESFA or the Successor Contractor by any Future Transferring Employee whose name is not included on the list provided by THE CONTRACTOR the Contractor pursuant to Clause 1.4.5 so far as it relates to the dismissal of such Future Transferring Employee within two Months of THE CHIEF EXECUTIVE the ESFA or Successor Contractor becoming aware of the transfer of such Future Transferring Employee.
1.4.9. For the purposes of Clause 1.4.9, in the event that THE CHIEF EXECUTIVE the ESFA or the Successor Contractor incurs costs, liabilities or expenditure in respect of Future Transferring Employees which is greater than would have been the case if the Required Information supplied by THE CONTRACTOR the Contractor had been accurate and complete, then such (net) greater costs, liabilities or expenditure shall be deemed to be costs suffered or incurred by THE CHIEF EXECUTIVE the ESFA or Successor Contractor and included within the indemnity provided by THE CONTRACTORthe Contractor.
1.4.10. THE CHIEF EXECUTIVE The ESFA or Successor Contractor shall be entitled to recover from THE CONTRACTOR the Contractor in full any legal, accountancy and other costs actually and reasonably incurred by THE CHIEF EXECUTIVE the ESFA or Successor Contractor in connection with the costs and liabilities indemnified by THE CONTRACTORthe Contractor.
1.4.11. This clause 1.4 shall continue in effect for six months following the expiry or termination of this Contract. “Initial Staff Information” Means:
1. Number of staff to be transferred;
2. Gender;
3. Date of Birth;
4. Whether disabled for the purposes of the Disability Discrimination Act 1995;
5. Job description;
6. Work Location;
7. Conditioned hours of work per week;
8. Date of commencement of continuous employment and (if different) the commencement date;
Appears in 1 contract
Sources: Contract for Services
Expiry of Contract. 1.4.1. THE CHIEF EXECUTIVE The ESFA and THE CONTRACTOR the Contractor shall act on the basis that ▇▇▇▇ TUPE applies on expiry or termination of the Contract where THE CHIEF EXECUTIVE the ESFA is proposing re-contract for services which are substantially the same as the Services.
1.4.2. During the period of 18 months preceding the expiry of the Contract or within 21 days after THE CHIEF EXECUTIVE the ESFA or THE CONTRACTOR the Contractor has given notice to terminate the Contract, THE CONTRACTOR the Contractor shall disclose to the CHIEF EXECUTIVE ESFA and shall permit the CHIEF EXECUTIVE ESFA to disclose to any tenderer for services which are substantially the same as the Services, the Initial Staff Information provided that prior to so doing any such tenderer shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTORthe Contractor.
1.4.3. During the period of three months preceding the expiry of this Contract or within 21 days after THE CHIEF EXECUTIVE the ESFA or THE CONTRACTOR the Contractor has given notice to terminate the Contract, THE CONTRACTOR the Contractor shall, subject to the provisions of the Data Protection Act 1998Laws, provide and thereafter keep updated at monthly intervals, to THE CHIEF EXECUTIVE the ESFA and to the Successor Contractor information equivalent to the Relevant Personnel Documentation and the Prescribed Particulars in respect of each employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee provided that prior to so doing the Successor Contractor nominated by THE CHIEF EXECUTIVE the ESFA shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTORthe Contractor.
1.4.4. THE CONTRACTOR The Contractor shall make reasonable endeavours to assist the Successor Contractor to communicate with, meet and inform and consult with the employees whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee and their trade union or other employee representatives for the purposes of complying with TUPE.
1.4.5. THE CONTRACTOR The Contractor shall immediately prior to the Future Transfer Date provide to THE CHIEF EXECUTIVE the ESFA or the Successor Contractor a complete and accurate list of the Prescribed Particulars and Identification Details of all employees whom it reasonably believes will be Future Transferring Employees.
1.4.6. Within a period of 21 days following the expiry or termination of this Contract THE CONTRACTOR the Contractor shall provide to THE CHIEF EXECUTIVE the ESFA or the Successor Contractor in writing Final Pay Details of the Future Transferring Employees.
1.4.7. THE CONTRACTOR The Contractor warrants that it shall supply complete and accurate information pursuant to clauses 1.4.2, 1.4.3, 1.4.5 and 1.4.6 in all material respects and THE CONTRACTOR Contractor shall indemnify and keep THE CHIEF EXECUTIVE ESFA indemnified fully now and in the future in respect of all or any costs whether arising in contract or under any Relevant Legislation suffered or incurred by THE CHIEF EXECUTIVE ESFA or the Successor Contractor nominated by THE CHIEF EXECUTIVE ESFA by reason of any proceeding, claim or demand arising from or in connection with the provision of information and/or the failure to provide complete and accurate information under clauses 1.4.2, 1.4.3, 1.4.5, and 1.4.6, and/or the provision of assistance and/or failure to provide assistance under clause 1.4.4 of this Contract.
1.4.8. After receiving notice of the termination of this Contract and for six (6) months preceding expiry of this Contract THE CONTRACTOR Contractor shall promptly notify THE CHIEF EXECUTIVE ESFA or the Successor Contractor:
14.8.1 1.4.8.1 Of the period of notice given by THE CONTRACTOR Contractor or received from any employee whom THE CONTRACTOR Contractor reasonably believes will be a Future Transferring Employee regardless of when such notice is to take effect;
14.8.2 1.4.8.2 Of the termination, for whatever reason, of the employment of any employee whom THE CONTRACTOR Contractor reasonably believes will be a Future Transferring Employee; and
14.8.3 1.4.8.3 Of any other change to any employee whom THE CONTRACTOR Contractor reasonably believes will be a Future Transferring Employee and their terms and conditions of employment, their Prescribed Particulars and their Relevant Personnel Documentation.
14.8.4 THE CONTRACTOR 1.4.8.4 The Contractor warrants that it shall supply the Required Information completely and accurately in all respects at the time of supply and shall indemnify and keep THE CHIEF EXECUTIVE the ESFA and/or any Successor Contractor indemnified in respect of all and any costs suffered or incurred by THE CHIEF EXECUTIVE the ESFA or the Successor Contractor by reason of any proceedings, claim or demand arising out of or in connection with:
14.8.5 1.4.8.5 Any claim against THE CHIEF EXECUTIVE the ESFA or the Successor Contractor by any Future Transferring Employee so far as it relates to any act or omission of THE CONTRACTOR the Contractor after the Employee Transfer Date and prior to the Future Transfer Date; and
14.8.6 1.4.8.6 Any claim against THE CHIEF EXECUTIVE the ESFA or the Successor Contractor by any Future Transferring Employee whose name is not included on the list provided by THE CONTRACTOR the Contractor pursuant to Clause 1.4.5 so far as it relates to the dismissal of such Future Transferring Employee within two Months of THE CHIEF EXECUTIVE the ESFA or Successor Contractor becoming aware of the transfer of such Future Transferring Employee.
1.4.9. For the purposes of Clause 1.4.9, in the event that THE CHIEF EXECUTIVE the ESFA or the Successor Contractor incurs costs, liabilities or expenditure in respect of Future Transferring Employees which is greater than would have been the case if the Required Information supplied by THE CONTRACTOR the Contractor had been accurate and complete, then such (net) greater costs, liabilities or expenditure shall be deemed to be costs suffered or incurred by THE CHIEF EXECUTIVE the ESFA or Successor Contractor and included within the indemnity provided by THE CONTRACTORthe Contractor.
1.4.10. THE CHIEF EXECUTIVE The ESFA or Successor Contractor shall be entitled to recover from THE CONTRACTOR the Contractor in full any legal, accountancy and other costs actually and reasonably incurred by THE CHIEF EXECUTIVE the ESFA or Successor Contractor in connection with the costs and liabilities indemnified by THE CONTRACTORthe Contractor.
1.4.11. This clause 1.4 shall continue in effect for six months following the expiry or termination of this Contract. “Initial Staff Information” Means:
1. Number of staff to be transferred;
Appears in 1 contract
Sources: Contract for Services
Expiry of Contract. 1.4.1. THE CHIEF EXECUTIVE The Department and THE CONTRACTOR the Contractor shall act on the basis that ▇▇▇▇ TUPE applies on expiry or termination of the Contract where THE CHIEF EXECUTIVE the Department is proposing re-re- contract for services which are substantially the same as the Services.
1.4.2. During the period of 18 months preceding the expiry of the Contract or within 21 days after THE CHIEF EXECUTIVE the Department or THE CONTRACTOR the Contractor has given notice to terminate the Contract, THE CONTRACTOR the Contractor shall disclose to the CHIEF EXECUTIVE Department and shall permit the CHIEF EXECUTIVE Department to disclose to any tenderer for services which are substantially the same as the Services, the Initial Staff Information provided that prior to so doing any such tenderer shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTORthe Contractor.
1.4.3. During the period of three months preceding the expiry of this Contract or within 21 days after THE CHIEF EXECUTIVE the Department or THE CONTRACTOR the Contractor has given notice to terminate the Contract, THE CONTRACTOR the Contractor shall, subject to the provisions of the UK GDPR and Data Protection Act 1998Legislation, provide and thereafter keep updated at monthly intervals, to THE CHIEF EXECUTIVE the Department and to the Successor Contractor information equivalent to the Relevant Personnel Documentation and the Prescribed Particulars in respect of each employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee provided that prior to so doing the Successor Contractor nominated by THE CHIEF EXECUTIVE the Department shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTORthe Contractor.
1.4.4. THE CONTRACTOR The Contractor shall make reasonable endeavours to assist the Successor Contractor to communicate with, meet and inform and consult with the employees whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee and their trade union or other employee representatives for the purposes of complying with TUPE.
1.4.5. THE CONTRACTOR The Contractor shall immediately prior to the Future Transfer Date provide to THE CHIEF EXECUTIVE the Department or the Successor Contractor a complete and accurate list of the Prescribed Particulars and Identification Details of all employees whom it reasonably believes will be Future Transferring Employees.
1.4.6. Within a period of 21 days following the expiry or termination of this Contract THE CONTRACTOR the Contractor shall provide to THE CHIEF EXECUTIVE the Department or the Successor Contractor in writing Final Pay Details of the Future Transferring Employees.
1.4.7. THE CONTRACTOR The Contractor warrants that it shall supply complete and accurate information pursuant to clauses Clauses 1.4.2, 1.4.3, 1.4.5 and 1.4.6 in all material respects and THE CONTRACTOR the Contractor shall indemnify and keep THE CHIEF EXECUTIVE the Department indemnified fully now and in the future in respect of all or any costs whether arising in contract or under any Relevant Legislation suffered or incurred by THE CHIEF EXECUTIVE the Department or the Successor Contractor nominated by THE CHIEF EXECUTIVE the Department by reason of any proceeding, claim or demand arising from or in connection with the provision of information and/or the failure to provide complete and accurate information under clauses Clauses 1.4.2, 1.4.3, 1.4.5, and 1.4.6, and/or the provision of assistance and/or failure to provide assistance under clause Clause 1.4.4 of this Contract.
1.4.8. After receiving notice of the termination of this Contract and for six (6) months preceding expiry of this Contract THE CONTRACTOR the Contractor shall promptly notify THE CHIEF EXECUTIVE the Department or the Successor Contractor:
14.8.1 Of 1.4.8.1 of the period of notice given by THE CONTRACTOR the Contractor or received from any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee regardless of when such notice is to take effect;
14.8.2 Of 1.4.8.2 of the termination, for whatever reason, of the employment of any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee; and
14.8.3 Of 1.4.8.3 of any other change to any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee and their terms and conditions of employment, their Prescribed Particulars and their Relevant Personnel Documentation.
14.8.4 THE CONTRACTOR 1.4.8.4 the Contractor warrants that it shall supply the Required Information completely and accurately in all respects at the time of supply and shall indemnify and keep THE CHIEF EXECUTIVE the Department and/or any Successor Contractor indemnified in respect of all and any costs suffered or incurred by THE CHIEF EXECUTIVE the Department or the Successor Contractor by reason of any proceedings, claim or demand arising out of or in connection with:
14.8.5 Any 1.4.8.5 any claim against THE CHIEF EXECUTIVE the Department or the Successor Contractor by any Future Transferring Employee so far as it relates to any act or omission of THE CONTRACTOR the Contractor after the Employee Transfer Date and prior to the Future Transfer Date; and
14.8.6 Any 1.4.8.6 any claim against THE CHIEF EXECUTIVE the Department or the Successor Contractor by any Future Transferring Employee whose name is not included on the list provided by THE CONTRACTOR the Contractor pursuant to Clause 1.4.5 so far as it relates to the dismissal of such Future Transferring Employee within two Months of THE CHIEF EXECUTIVE the Department or Successor Contractor becoming aware of the transfer of such Future Transferring Employee.
1.4.9. For the purposes of Clause 1.4.9, in the event that THE CHIEF EXECUTIVE the Department or the Successor Contractor incurs costs, liabilities or expenditure in respect of Future Transferring Employees which is greater than would have been the case if the Required Information supplied by THE CONTRACTOR the Contractor had been accurate and complete, then such (net) greater costs, liabilities or expenditure shall be deemed to be costs suffered or incurred by THE CHIEF EXECUTIVE the Department or Successor Contractor and included within the indemnity provided by THE CONTRACTORthe Contractor.
1.4.10. THE CHIEF EXECUTIVE The Department or Successor Contractor shall be entitled to recover from THE CONTRACTOR the Contractor in full any legal, accountancy and other costs actually and reasonably incurred by THE CHIEF EXECUTIVE the Department or Successor Contractor in connection with the costs and liabilities indemnified by THE CONTRACTORthe Contractor.
1.4.11. This clause Clause 1.4 shall continue in effect for six months following the expiry or termination of this Contract. “Initial Staff Information” Means:
1. Number of staff to be transferred;
2. Gender;
3. Date of Birth;
4. Whether disabled for the purposes of the Disability Discrimination Act 1995;
5. Job description;
6. Work Location;
7. Conditioned hours of work per week;
8. Date of commencement of continuous employment and (if different) the commencement date;
Appears in 1 contract
Sources: Contract for Services
Expiry of Contract. 1.4.1. THE CHIEF EXECUTIVE The ESFA and THE CONTRACTOR the Contractor shall act on the basis that ▇▇▇▇ TUPE applies on expiry or termination of the Contract where THE CHIEF EXECUTIVE the ESFA is proposing re-contract for services which are substantially the same as the Services.
1.4.2. During the period of 18 months preceding the expiry of the Contract or within 21 days after THE CHIEF EXECUTIVE the ESFA or THE CONTRACTOR the Contractor has given notice to terminate the Contract, THE CONTRACTOR the Contractor shall disclose to the CHIEF EXECUTIVE ESFA and shall permit the CHIEF EXECUTIVE ESFA to disclose to any tenderer for services which are substantially the same as the Services, the Initial Staff Information provided that prior to so doing any such tenderer shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTORthe Contractor.
1.4.3. During the period of three months preceding the expiry of this Contract or within 21 days after THE CHIEF EXECUTIVE the ESFA or THE CONTRACTOR the Contractor has given notice to terminate the Contract, THE CONTRACTOR the Contractor shall, subject to the provisions of the UK GDPR and Data Protection Act 1998Laws, provide and thereafter keep updated at monthly intervals, to THE CHIEF EXECUTIVE the ESFA and to the Successor Contractor information equivalent to the Relevant Personnel Documentation and the Prescribed Particulars in respect of each employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee provided that prior to so doing the Successor Contractor nominated by THE CHIEF EXECUTIVE the ESFA shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTORthe Contractor.
1.4.4. THE CONTRACTOR The Contractor shall make reasonable endeavours to assist the Successor Contractor to communicate with, meet and inform and consult with the employees whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee and their trade union or other employee representatives for the purposes of complying with TUPE.
1.4.5. THE CONTRACTOR The Contractor shall immediately prior to the Future Transfer Date provide to THE CHIEF EXECUTIVE the ESFA or the Successor Contractor a complete and accurate list of the Prescribed Particulars and Identification Details of all employees whom it reasonably believes will be Future Transferring Employees.
1.4.6. Within a period of 21 days following the expiry or termination of this Contract THE CONTRACTOR the Contractor shall provide to THE CHIEF EXECUTIVE the ESFA or the Successor Contractor in writing Final Pay Details of the Future Transferring Employees.
1.4.7. THE CONTRACTOR The Contractor warrants that it shall supply complete and accurate information pursuant to clauses Clauses 1.4.2, 1.4.3, 1.4.5 and 1.4.6 in all material respects and THE CONTRACTOR the Contractor shall indemnify and keep THE CHIEF EXECUTIVE the ESFA indemnified fully now and in the future in respect of all or any costs whether arising in contract or under any Relevant Legislation suffered or incurred by THE CHIEF EXECUTIVE the ESFA or the Successor Contractor nominated by THE CHIEF EXECUTIVE the ESFA by reason of any proceeding, claim or demand arising from or in connection with the provision of information and/or the failure to provide complete and accurate information under clauses Clauses 1.4.2, 1.4.3, 1.4.5, and 1.4.6, and/or the provision of assistance and/or failure to provide assistance under clause Clause 1.4.4 of this Contract.
1.4.8. After receiving notice of the termination of this Contract and for six (6) months preceding expiry of this Contract THE CONTRACTOR the Contractor shall promptly notify THE CHIEF EXECUTIVE the ESFA or the Successor Contractor:
14.8.1 1.4.8.1 Of the period of notice given by THE CONTRACTOR the Contractor or received from any employee whom THE CONTRACTOR Contractor reasonably believes will be a Future Transferring Employee regardless of when such notice is to take effect;
14.8.2 1.4.8.2 Of the termination, for whatever reason, of the employment of any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee; and
14.8.3 1.4.8.3 Of any other change to any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee and their terms and conditions of employment, their Prescribed Particulars and their Relevant Personnel Documentation.
14.8.4 THE CONTRACTOR 1.4.8.4 The Contractor warrants that it shall supply the Required Information completely and accurately in all respects at the time of supply and shall indemnify and keep THE CHIEF EXECUTIVE the ESFA and/or any Successor Contractor indemnified in respect of all and any costs suffered or incurred by THE CHIEF EXECUTIVE the ESFA or the Successor Contractor by reason of any proceedings, claim or demand arising out of or in connection with:
14.8.5 1.4.8.5 Any claim against THE CHIEF EXECUTIVE the ESFA or the Successor Contractor by any Future Transferring Employee so far as it relates to any act or omission of THE CONTRACTOR the Contractor after the Employee Transfer Date and prior to the Future Transfer Date; and
14.8.6 1.4.8.6 Any claim against THE CHIEF EXECUTIVE the ESFA or the Successor Contractor by any Future Transferring Employee whose name is not included on the list provided by THE CONTRACTOR the Contractor pursuant to Clause 1.4.5 so far as it relates to the dismissal of such Future Transferring Employee within two Months of THE CHIEF EXECUTIVE the ESFA or Successor Contractor becoming aware of the transfer of such Future Transferring Employee.
1.4.9. For the purposes of Clause 1.4.9, in the event that THE CHIEF EXECUTIVE the ESFA or the Successor Contractor incurs costs, liabilities or expenditure in respect of Future Transferring Employees which is greater than would have been the case if the Required Information supplied by THE CONTRACTOR the Contractor had been accurate and complete, then such (net) greater costs, liabilities or expenditure shall be deemed to be costs suffered or incurred by THE CHIEF EXECUTIVE the ESFA or Successor Contractor and included within the indemnity provided by THE CONTRACTORthe Contractor.
1.4.10. THE CHIEF EXECUTIVE The ESFA or Successor Contractor shall be entitled to recover from THE CONTRACTOR the Contractor in full any legal, accountancy and other costs actually and reasonably incurred by THE CHIEF EXECUTIVE the ESFA or Successor Contractor in connection with the costs and liabilities indemnified by THE CONTRACTORthe Contractor.
1.4.11. This clause Clause 1.4 shall continue in effect for six months following the expiry or termination of this Contract. “Initial Staff Information” Means:
1. Number of staff to be transferred;
2. Gender;
Appears in 1 contract
Sources: Contract for Services
Expiry of Contract. 1.4.1. THE CHIEF EXECUTIVE The ESFA and THE CONTRACTOR the Contractor shall act on the basis that ▇▇▇▇ TUPE applies on expiry or termination of the Contract where THE CHIEF EXECUTIVE the ESFA is proposing re-contract for services which are substantially the same as the Services.
1.4.2. During the period of 18 months preceding the expiry of the Contract or within 21 days after THE CHIEF EXECUTIVE the ESFA or THE CONTRACTOR the Contractor has given notice to terminate the Contract, THE CONTRACTOR the Contractor shall disclose to the CHIEF EXECUTIVE ESFA and shall permit the CHIEF EXECUTIVE ESFA to disclose to any tenderer for services which are substantially the same as the Services, the Initial Staff Information provided that prior to so doing any such tenderer shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTORthe Contractor.
1.4.3. During the period of three months preceding the expiry of this Contract or within 21 days after THE CHIEF EXECUTIVE the ESFA or THE CONTRACTOR the Contractor has given notice to terminate the Contract, THE CONTRACTOR the Contractor shall, subject to the provisions of the Data Protection Act 1998, provide and thereafter keep updated at monthly intervals, to THE CHIEF EXECUTIVE the ESFA and to the Successor Contractor information equivalent to the Relevant Personnel Documentation and the Prescribed Particulars in respect of each employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee provided that prior to so doing the Successor Contractor nominated by THE CHIEF EXECUTIVE the ESFA shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTORthe Contractor.
1.4.4. THE CONTRACTOR The Contractor shall make reasonable endeavours to assist the Successor Contractor to communicate with, meet and inform and consult with the employees whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee and their trade union or other employee representatives for the purposes of complying with TUPE.
1.4.5. THE CONTRACTOR The Contractor shall immediately prior to the Future Transfer Date provide to THE CHIEF EXECUTIVE the ESFA or the Successor Contractor a complete and accurate list of the Prescribed Particulars and Identification Details of all employees whom it reasonably believes will be Future Transferring Employees.
1.4.6. Within a period of 21 days following the expiry or termination of this Contract THE CONTRACTOR the Contractor shall provide to THE CHIEF EXECUTIVE the ESFA or the Successor Contractor in writing Final Pay Details of the Future Transferring Employees.
1.4.7. THE CONTRACTOR The Contractor warrants that it shall supply complete and accurate information pursuant to clauses 1.4.2, 1.4.3, 1.4.5 and 1.4.6 in all material respects and THE CONTRACTOR the Contractor shall indemnify and keep THE CHIEF EXECUTIVE the ESFA indemnified fully now and in the future in respect of all or any costs whether arising in contract or under any Relevant Legislation suffered or incurred by THE CHIEF EXECUTIVE the ESFA or the Successor Contractor nominated by THE CHIEF EXECUTIVE the ESFA by reason of any proceeding, claim or demand arising from or in connection with the provision of information and/or the failure to provide complete and accurate information under clauses 1.4.2, 1.4.3, 1.4.5, and 1.4.6, and/or the provision of assistance and/or failure to provide assistance under clause 1.4.4 of this Contract.
1.4.8. After receiving notice of the termination of this Contract and for six (6) months preceding expiry of this Contract THE CONTRACTOR the Contractor shall promptly notify THE CHIEF EXECUTIVE the ESFA or the Successor Contractor:
14.8.1 Of 1.4.8.1 of the period of notice given by THE CONTRACTOR the Contractor or received from any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee regardless of when such notice is to take effect;
14.8.2 Of 1.4.8.2 of the termination, for whatever reason, of the employment of any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee; and
14.8.3 Of 1.4.8.3 of any other change to any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee and their terms and conditions of employment, their Prescribed Particulars and their Relevant Personnel Documentation.
14.8.4 THE CONTRACTOR 1.4.8.4 the Contractor warrants that it shall supply the Required Information completely and accurately in all respects at the time of supply and shall indemnify and keep THE CHIEF EXECUTIVE the ESFA and/or any Successor Contractor indemnified in respect of all and any costs suffered or incurred by THE CHIEF EXECUTIVE the ESFA or the Successor Contractor by reason of any proceedings, claim or demand arising out of or in connection with:
14.8.5 Any 1.4.8.5 any claim against THE CHIEF EXECUTIVE the ESFA or the Successor Contractor by any Future Transferring Employee so far as it relates to any act or omission of THE CONTRACTOR the Contractor after the Employee Transfer Date and prior to the Future Transfer Date; and
14.8.6 Any 1.4.8.6 any claim against THE CHIEF EXECUTIVE the ESFA or the Successor Contractor by any Future Transferring Employee whose name is not included on the list provided by THE CONTRACTOR the Contractor pursuant to Clause 1.4.5 so far as it relates to the dismissal of such Future Transferring Employee within two Months of THE CHIEF EXECUTIVE the ESFA or Successor Contractor becoming aware of the transfer of such Future Transferring Employee.
1.4.9. For the purposes of Clause 1.4.9, in the event that THE CHIEF EXECUTIVE the ESFA or the Successor Contractor incurs costs, liabilities or expenditure in respect of Future Transferring Employees which is greater than would have been the case if the Required Information supplied by THE CONTRACTOR the Contractor had been accurate and complete, then such (net) greater costs, liabilities or expenditure shall be deemed to be costs suffered or incurred by THE CHIEF EXECUTIVE the ESFA or Successor Contractor and included within the indemnity provided by THE CONTRACTORthe Contractor.
1.4.10. THE CHIEF EXECUTIVE The ESFA or Successor Contractor shall be entitled to recover from THE CONTRACTOR the Contractor in full any legal, accountancy and other costs actually and reasonably incurred by THE CHIEF EXECUTIVE the ESFA or Successor Contractor in connection with the costs and liabilities indemnified by THE CONTRACTORthe Contractor.
1.4.11. This clause 1.4 shall continue in effect for six months following the expiry or termination of this Contract. “Initial Staff Information” Means:
1. Number of staff to be transferred;
2. Gender;
3. Date of Birth;
4. Whether disabled for the purposes of the Disability Discrimination Act 1995;
5. Job description;
6. Work Location;
7. Conditioned hours of work per week;
8. Date of commencement of continuous employment and (if different) the commencement date;
Appears in 1 contract
Sources: Funding Agreement
Expiry of Contract. 1.4.1. THE CHIEF EXECUTIVE and THE CONTRACTOR shall act on the basis that ▇▇▇▇ applies on expiry or termination of the Contract where THE CHIEF EXECUTIVE is proposing re-contract for services which are substantially the same as the Services.. WITHDRAWN
1.4.2. During the period of 18 months preceding the expiry of the Contract or within 21 days after THE CHIEF EXECUTIVE or THE CONTRACTOR has given notice to terminate the Contract, THE CONTRACTOR shall disclose to the CHIEF EXECUTIVE and shall permit the CHIEF EXECUTIVE to disclose to any tenderer for services which are substantially the same as the Services, the Initial Staff Information provided that prior to so doing any such tenderer shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTOR.
1.4.3. During the period of three months preceding the expiry of this Contract or within 21 days after THE CHIEF EXECUTIVE or THE CONTRACTOR has given notice to terminate the Contract, THE CONTRACTOR shall, subject to the provisions of the Data Protection Act 1998, provide and thereafter keep updated at monthly intervals, to THE CHIEF EXECUTIVE and to the Successor Contractor information equivalent to the Relevant Personnel Documentation and the Prescribed Particulars in respect of each employee whom THE CONTRACTOR reasonably believes will be a Future Transferring Employee provided that prior to so doing the Successor Contractor nominated by THE CHIEF EXECUTIVE shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTOR.
1.4.4. THE CONTRACTOR shall make reasonable endeavours to assist the Successor Contractor to communicate with, meet and inform and consult with the employees whom THE CONTRACTOR reasonably believes will be a Future Transferring Employee and their trade union or other employee representatives for the purposes of complying with TUPE.
1.4.5. THE CONTRACTOR shall immediately prior to the Future Transfer Date provide to THE CHIEF EXECUTIVE or the Successor Contractor a complete and accurate list of the Prescribed Particulars and Identification Details of all employees whom it reasonably believes will be Future Transferring Employees.
1.4.6. Within a period of 21 days following the expiry or termination of this Contract THE CONTRACTOR shall provide to THE CHIEF EXECUTIVE or the Successor Contractor in writing Final Pay Details of the Future Transferring Employees.
1.4.7. THE CONTRACTOR warrants that it shall supply complete and accurate information pursuant to clauses 1.4.2, 1.4.3, 1.4.5 and 1.4.6 in all material respects and THE CONTRACTOR shall indemnify and keep THE CHIEF EXECUTIVE indemnified fully now and in the future in respect of all or any costs whether arising in contract or under any Relevant Legislation suffered or incurred by THE CHIEF EXECUTIVE or the Successor Contractor nominated by THE CHIEF EXECUTIVE by reason of any proceeding, claim or demand arising from or in connection with the provision of information and/or the failure to provide complete and accurate information under clauses 1.4.2, 1.4.3, 1.4.5, and 1.4.6, and/or the provision of assistance and/or failure to provide assistance under clause 1.4.4 of this Contract.
1.4.8. After receiving notice of the termination of this Contract and for six (6) months preceding expiry of this Contract THE CONTRACTOR shall promptly notify THE CHIEF EXECUTIVE or the Successor Contractor:: WITHDRAWN
14.8.1 Of the period of notice given by THE CONTRACTOR or received from any employee whom THE CONTRACTOR reasonably believes will be a Future Transferring Employee regardless of when such notice is to take effect;
14.8.2 Of the termination, for whatever reason, of the employment of any employee whom THE CONTRACTOR reasonably believes will be a Future Transferring Employee; and
14.8.3 Of any other change to any employee whom THE CONTRACTOR reasonably believes will be a Future Transferring Employee and their terms and conditions of employment, their Prescribed Particulars and their Relevant Personnel Documentation.
14.8.4 THE CONTRACTOR warrants that it shall supply the Required Information completely and accurately in all respects at the time of supply and shall indemnify and keep THE CHIEF EXECUTIVE and/or any Successor Contractor indemnified in respect of all and any costs suffered or incurred by THE CHIEF EXECUTIVE or the Successor Contractor by reason of any proceedings, claim or demand arising out of or in connection with:
14.8.5 Any claim against THE CHIEF EXECUTIVE or the Successor Contractor by any Future Transferring Employee so far as it relates to any act or omission of THE CONTRACTOR after the Employee Transfer Date and prior to the Future Transfer Date; and
14.8.6 Any claim against THE CHIEF EXECUTIVE or the Successor Contractor by any Future Transferring Employee whose name is not included on the list provided by THE CONTRACTOR pursuant to Clause 1.4.5 so far as it relates to the dismissal of such Future Transferring Employee within two Months of THE CHIEF EXECUTIVE or Successor Contractor becoming aware of the transfer of such Future Transferring Employee.
1.4.9. For the purposes of Clause 1.4.9, in the event that THE CHIEF EXECUTIVE or the Successor Contractor incurs costs, liabilities or expenditure in respect of Future Transferring Employees which is greater than would have been the case if the Required Information supplied by THE CONTRACTOR had been accurate and complete, then such (net) greater costs, liabilities or expenditure shall be deemed to be costs suffered or incurred by THE CHIEF EXECUTIVE or Successor Contractor and included within the indemnity provided by THE CONTRACTOR.
1.4.10. THE CHIEF EXECUTIVE or Successor Contractor shall be entitled to recover from THE CONTRACTOR in full any legal, accountancy and other costs actually and reasonably incurred by THE CHIEF EXECUTIVE or Successor Contractor in connection with the costs and liabilities indemnified by THE CONTRACTOR.. WITHDRAWN
1.4.11. This clause 1.4 shall continue in effect for six months following the expiry or termination of this Contract. “Initial Staff Information” Means:
1. Number of staff to be transferred;
Appears in 1 contract
Expiry of Contract. 1.4.1. THE CHIEF EXECUTIVE 1.4.1 The Department and THE CONTRACTOR the Contractor shall act on the basis that ▇▇▇▇ TUPE applies on expiry or termination of the Contract where THE CHIEF EXECUTIVE the Department is proposing re-contract for services which are substantially the same as the Services.
1.4.2. 1.4.2 During the period of 18 months preceding the expiry of the Contract or within 21 days after THE CHIEF EXECUTIVE the Department or THE CONTRACTOR the Contractor has given notice to terminate the Contract, THE CONTRACTOR the Contractor shall disclose to the CHIEF EXECUTIVE Department and shall permit the CHIEF EXECUTIVE Department to disclose to any tenderer for services which are substantially the same as the Services, the Initial Staff Information provided that prior to so doing any such tenderer shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTORthe Contractor.
1.4.3. 1.4.3 During the period of three months preceding the expiry of this Contract or within 21 days after THE CHIEF EXECUTIVE the Department or THE CONTRACTOR the Contractor has given notice to terminate the Contract, THE CONTRACTOR the Contractor shall, subject to the provisions of the UK GDPR and Data Protection Act 1998Legislation, provide and thereafter keep updated at monthly intervals, to THE CHIEF EXECUTIVE the Department and to the Successor Contractor information equivalent to the Relevant Personnel Documentation and the Prescribed Particulars in respect of each employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee provided that prior to so doing the Successor Contractor nominated by THE CHIEF EXECUTIVE the Department shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTORthe Contractor.
1.4.4. THE CONTRACTOR 1.4.4 The Contractor shall make reasonable endeavours to assist the Successor Contractor to communicate with, meet and inform and consult with the employees whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee and their trade union or other employee representatives for the purposes of complying with TUPE.
1.4.5. THE CONTRACTOR 1.4.5 The Contractor shall immediately prior to the Future Transfer Date provide to THE CHIEF EXECUTIVE the Department or the Successor Contractor a complete and accurate list of the Prescribed Particulars and Identification Details of all employees whom it reasonably believes will be Future Transferring Employees.
1.4.6. 1.4.6 Within a period of 21 days following the expiry or termination of this Contract THE CONTRACTOR the Contractor shall provide to THE CHIEF EXECUTIVE the Department or the Successor Contractor in writing Final Pay Details of the Future Transferring Employees.
1.4.7. THE CONTRACTOR 1.4.7 The Contractor warrants that it shall supply complete and accurate information pursuant to clauses Paragraphs 1.4.2, 1.4.3, 1.4.5 and 1.4.6 in all material respects and THE CONTRACTOR the Contractor shall indemnify and keep THE CHIEF EXECUTIVE the Department indemnified fully now and in the future in respect of all or any costs whether arising in contract or under any Relevant Legislation suffered or incurred by THE CHIEF EXECUTIVE the Department or the Successor Contractor nominated by THE CHIEF EXECUTIVE the Department by reason of any proceeding, claim or demand arising from or in connection with the provision of information and/or the failure to provide complete and accurate information under clauses Paragraphs 1.4.2, 1.4.3, 1.4.5, and 1.4.6, and/or the provision of assistance and/or failure to provide assistance under clause Paragraph 1.4.4 of this ContractSchedule.
1.4.8. 1.4.8 After receiving notice of the termination of this Contract and for six (6) months preceding expiry of this Contract THE CONTRACTOR the Contractor shall promptly notify THE CHIEF EXECUTIVE the Department or the Successor Contractor:
14.8.1 Of 1.4.8.1 of the period of notice given by THE CONTRACTOR the Contractor or received from any employee whom THE CONTRACTOR Contractor reasonably believes will be a Future Transferring Employee regardless of when such notice is to take effect;
14.8.2 Of 1.4.8.2 of the termination, for whatever reason, of the employment of any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee; and
14.8.3 Of 1.4.8.3 of any other change to any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee and their terms and conditions of employment, their Prescribed Particulars and their Relevant Personnel Documentation.
14.8.4 THE CONTRACTOR 1.4.8.4 the Contractor warrants that it shall supply the Required Information completely and accurately in all respects at the time of supply and shall indemnify and keep THE CHIEF EXECUTIVE the Department and/or any Successor Contractor indemnified in respect of all and any costs suffered or incurred by THE CHIEF EXECUTIVE the Department or the Successor Contractor by reason of any proceedings, claim or demand arising out of or in connection with:
14.8.5 Any (A) any claim against THE CHIEF EXECUTIVE the Department or the Successor Contractor by any Future Transferring Employee so far as it relates to any act or omission of THE CONTRACTOR the Contractor after the Employee Transfer Date and prior to the Future Transfer Date; and
14.8.6 Any (B) any claim against THE CHIEF EXECUTIVE the Department or the Successor Contractor by any Future Transferring Employee whose name is not included on the list provided by THE CONTRACTOR the Contractor pursuant to Clause Paragraph 1.4.5 so far as it relates to the dismissal of such Future Transferring Employee within two Months of THE CHIEF EXECUTIVE the Department or Successor Contractor becoming aware of the transfer of such Future Transferring Employee.
1.4.9. 1.4.9 For the purposes of Clause Paragraph 1.4.9, in the event that THE CHIEF EXECUTIVE the Department or the Successor Contractor incurs costs, liabilities or expenditure in respect of Future Transferring Employees which is greater than would have been the case if the Required Information supplied by THE CONTRACTOR the Contractor had been accurate and complete, then such (net) greater costs, liabilities or expenditure shall be deemed to be costs suffered or incurred by THE CHIEF EXECUTIVE the Department or Successor Contractor and included within the indemnity provided by THE CONTRACTORthe Contractor.
1.4.10. THE CHIEF EXECUTIVE 1.4.10 The Department or Successor Contractor shall be entitled to recover from THE CONTRACTOR the Contractor in full any legal, accountancy and other costs actually and reasonably incurred by THE CHIEF EXECUTIVE the Department or Successor Contractor in connection with the costs and liabilities indemnified by THE CONTRACTORthe Contractor.
1.4.11. 1.4.11 This clause Paragraph 1.4 shall continue in effect for six months following the expiry or termination of this Contract. “"Initial Staff Information” " Means:
1. : 1 Number of staff to be transferred;
Appears in 1 contract
Sources: Contract for Services
Expiry of Contract. 1.4.1. THE CHIEF EXECUTIVE The Department and THE CONTRACTOR the Contractor shall act on the basis that ▇▇▇▇ TUPE applies on expiry or termination of the Contract where THE CHIEF EXECUTIVE the Department is proposing re-re- contract for services which are substantially the same as the Services.
1.4.2. During the period of 18 months preceding the expiry of the Contract or within 21 days after THE CHIEF EXECUTIVE the Department or THE CONTRACTOR the Contractor has given notice to terminate the Contract, THE CONTRACTOR the Contractor shall disclose to the CHIEF EXECUTIVE Department and shall permit the CHIEF EXECUTIVE Department to disclose to any tenderer for services which are substantially the same as the Services, the Initial Staff Information provided that prior to so doing any such tenderer shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTORthe Contractor.
1.4.3. During the period of three months preceding the expiry of this Contract or within 21 days after THE CHIEF EXECUTIVE the Department or THE CONTRACTOR the Contractor has given notice to terminate the Contract, THE CONTRACTOR the Contractor shall, subject to the provisions of the UK GDPR and Data Protection Act 1998Legislation, provide and thereafter keep updated at monthly intervals, to THE CHIEF EXECUTIVE the Department and to the Successor Contractor information equivalent to the Relevant Personnel Documentation and the Prescribed Particulars in respect of each employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee provided that prior to so doing the Successor Contractor nominated by THE CHIEF EXECUTIVE the Department shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTORthe Contractor.
1.4.4. THE CONTRACTOR The Contractor shall make reasonable endeavours to assist the Successor Contractor to communicate with, meet and inform and consult with the employees whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee and their trade union or other employee representatives for the purposes of complying with TUPE.
1.4.5. THE CONTRACTOR The Contractor shall immediately prior to the Future Transfer Date provide to THE CHIEF EXECUTIVE the Department or the Successor Contractor a complete and accurate list of the Prescribed Particulars and Identification Details of all employees whom it reasonably believes will be Future Transferring Employees.
1.4.6. Within a period of 21 days following the expiry or termination of this Contract THE CONTRACTOR the Contractor shall provide to THE CHIEF EXECUTIVE the Department or the Successor Contractor in writing Final Pay Details of the Future Transferring Employees.
1.4.7. THE CONTRACTOR The Contractor warrants that it shall supply complete and accurate information pursuant to clauses Paragraphs 1.4.2, 1.4.3, 1.4.5 and 1.4.6 in all material respects and THE CONTRACTOR the Contractor shall indemnify and keep THE CHIEF EXECUTIVE the Department indemnified fully now and in the future in respect of all or any costs whether arising in contract or under any Relevant Legislation suffered or incurred by THE CHIEF EXECUTIVE the Department or the Successor Contractor nominated by THE CHIEF EXECUTIVE the Department by reason of any proceeding, claim or demand arising from or in connection with the provision of information and/or the failure to provide complete and accurate information under clauses Paragraphs 1.4.2, 1.4.3, 1.4.5, and 1.4.6, and/or the provision of assistance and/or failure to provide assistance under clause Paragraph 1.4.4 of this ContractSchedule.
1.4.8. After receiving notice of the termination of this Contract and for six (6) months preceding expiry of this Contract THE CONTRACTOR the Contractor shall promptly notify THE CHIEF EXECUTIVE the Department or the Successor Contractor:
14.8.1 Of 1.4.8.1 of the period of notice given by THE CONTRACTOR the Contractor or received from any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee regardless of when such notice is to take effect;
14.8.2 Of 1.4.8.2 of the termination, for whatever reason, of the employment of any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee; and
14.8.3 Of 1.4.8.3 of any other change to any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee and their terms and conditions of employment, their Prescribed Particulars and their Relevant Personnel Documentation.
14.8.4 THE CONTRACTOR 1.4.8.4 the Contractor warrants that it shall supply the Required Information completely and accurately in all respects at the time of supply and shall indemnify and keep THE CHIEF EXECUTIVE the Department and/or any Successor Contractor indemnified in respect of all and any costs suffered or incurred by THE CHIEF EXECUTIVE the Department or the Successor Contractor by reason of any proceedings, claim or demand arising out of or in connection with:
14.8.5 Any 1.4.8.5 any claim against THE CHIEF EXECUTIVE the Department or the Successor Contractor by any Future Transferring Employee so far as it relates to any act or omission of THE CONTRACTOR the Contractor after the Employee Transfer Date and prior to the Future Transfer Date; and
14.8.6 Any 1.4.8.6 any claim against THE CHIEF EXECUTIVE the Department or the Successor Contractor by any Future Transferring Employee whose name is not included on the list provided by THE CONTRACTOR the Contractor pursuant to Clause Paragraph 1.4.5 so far as it relates to the dismissal of such Future Transferring Employee within two Months of THE CHIEF EXECUTIVE the Department or Successor Contractor becoming aware of the transfer of such Future Transferring Employee.
1.4.9. For the purposes of Clause Paragraph 1.4.9, in the event that THE CHIEF EXECUTIVE the Department or the Successor Contractor incurs costs, liabilities or expenditure in respect of Future Transferring Employees which is greater than would have been the case if the Required Information supplied by THE CONTRACTOR the Contractor had been accurate and complete, then such (net) greater costs, liabilities or expenditure shall be deemed to be costs suffered or incurred by THE CHIEF EXECUTIVE the Department or Successor Contractor and included within the indemnity provided by THE CONTRACTORthe Contractor.
1.4.10. THE CHIEF EXECUTIVE The Department or Successor Contractor shall be entitled to recover from THE CONTRACTOR the Contractor in full any legal, accountancy and other costs actually and reasonably incurred by THE CHIEF EXECUTIVE the Department or Successor Contractor in connection with the costs and liabilities indemnified by THE CONTRACTORthe Contractor.
1.4.11. This clause Paragraph 1.4 shall continue in effect for six months following the expiry or termination of this Contract. “Initial Staff Information” Means:
1. Number of staff to be transferred;
2. Gender;
3. Date of Birth;
4. Whether disabled for the purposes of the Disability Discrimination Act 1995;
5. Job description;
6. Work Location;
7. Conditioned hours of work per week;
8. Date of commencement of continuous employment and (if different) the commencement date;
Appears in 1 contract
Sources: Contract for Services
Expiry of Contract. 1.4.1. THE CHIEF EXECUTIVE The ESFA and THE CONTRACTOR the Contractor shall act on the basis that ▇▇▇▇ TUPE applies on expiry or termination of the Contract where THE CHIEF EXECUTIVE the ESFA is proposing re-contract for services which are substantially the same as the Services.
1.4.2. During the period of 18 months preceding the expiry of the Contract or within 21 days after THE CHIEF EXECUTIVE the ESFA or THE CONTRACTOR the Contractor has given notice to terminate the Contract, THE CONTRACTOR the Contractor shall disclose to the CHIEF EXECUTIVE ESFA and shall permit the CHIEF EXECUTIVE ESFA to disclose to any tenderer for services which are substantially the same as the Services, the Initial Staff Information provided that prior to so doing any such tenderer shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTORthe Contractor.
1.4.3. During the period of three months preceding the expiry of this Contract or within 21 days after THE CHIEF EXECUTIVE the ESFA or THE CONTRACTOR the Contractor has given notice to terminate the Contract, THE CONTRACTOR the Contractor shall, subject to the provisions of the UK GDPR and Data Protection Act 1998Laws, provide and thereafter keep updated at monthly intervals, to THE CHIEF EXECUTIVE the ESFA and to the Successor Contractor information equivalent to the Relevant Personnel Documentation and the Prescribed Particulars in respect of each employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee provided that prior to so doing the Successor Contractor nominated by THE CHIEF EXECUTIVE the ESFA shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTORthe Contractor.
1.4.4. THE CONTRACTOR The Contractor shall make reasonable endeavours to assist the Successor Contractor to communicate with, meet and inform and consult with the employees whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee and their trade union or other employee representatives for the purposes of complying with TUPE.
1.4.5. THE CONTRACTOR The Contractor shall immediately prior to the Future Transfer Date provide to THE CHIEF EXECUTIVE the ESFA or the Successor Contractor a complete and accurate list of the Prescribed Particulars and Identification Details of all employees whom it reasonably believes will be Future Transferring Employees.
1.4.6. Within a period of 21 days following the expiry or termination of this Contract THE CONTRACTOR the Contractor shall provide to THE CHIEF EXECUTIVE the ESFA or the Successor Contractor in writing Final Pay Details of the Future Transferring Employees.
1.4.7. THE CONTRACTOR The Contractor warrants that it shall supply complete and accurate information pursuant to clauses Clauses 1.4.2, 1.4.3, 1.4.5 and 1.4.6 in all material respects and THE CONTRACTOR the Contractor shall indemnify and keep THE CHIEF EXECUTIVE the ESFA indemnified fully now and in the future in respect of all or any costs whether arising in contract or under any Relevant Legislation suffered or incurred by THE CHIEF EXECUTIVE the ESFA or the Successor Contractor nominated by THE CHIEF EXECUTIVE the ESFA by reason of any proceeding, claim or demand arising from or in connection with the provision of information and/or the failure to provide complete and accurate information under clauses Clauses 1.4.2, 1.4.3, 1.4.5, and 1.4.6, and/or the provision of assistance and/or failure to provide assistance under clause Clause 1.4.4 of this Contract.
1.4.8. After receiving notice of the termination of this Contract and for six (6) months preceding expiry of this Contract THE CONTRACTOR the Contractor shall promptly notify THE CHIEF EXECUTIVE the ESFA or the Successor Contractor:
14.8.1 Of 1.4.8.1 of the period of notice given by THE CONTRACTOR the Contractor or received from any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee regardless of when such notice is to take effect;
14.8.2 Of 1.4.8.2 of the termination, for whatever reason, of the employment of any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee; and
14.8.3 Of 1.4.8.3 of any other change to any employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee and their terms and conditions of employment, their Prescribed Particulars and their Relevant Personnel Documentation.
14.8.4 THE CONTRACTOR 1.4.8.4 the Contractor warrants that it shall supply the Required Information completely and accurately in all respects at the time of supply and shall indemnify and keep THE CHIEF EXECUTIVE the ESFA and/or any Successor Contractor indemnified in respect of all and any costs suffered or incurred by THE CHIEF EXECUTIVE the ESFA or the Successor Contractor by reason of any proceedings, claim or demand arising out of or in connection with:
14.8.5 Any 1.4.8.5 any claim against THE CHIEF EXECUTIVE the ESFA or the Successor Contractor by any Future Transferring Employee so far as it relates to any act or omission of THE CONTRACTOR the Contractor after the Employee Transfer Date and prior to the Future Transfer Date; and
14.8.6 Any 1.4.8.6 any claim against THE CHIEF EXECUTIVE the ESFA or the Successor Contractor by any Future Transferring Employee whose name is not included on the list provided by THE CONTRACTOR the Contractor pursuant to Clause 1.4.5 so far as it relates to the dismissal of such Future Transferring Employee within two Months of THE CHIEF EXECUTIVE the ESFA or Successor Contractor becoming aware of the transfer of such Future Transferring Employee.
1.4.9. For the purposes of Clause 1.4.9, in the event that THE CHIEF EXECUTIVE the ESFA or the Successor Contractor incurs costs, liabilities or expenditure in respect of Future Transferring Employees which is greater than would have been the case if the Required Information supplied by THE CONTRACTOR the Contractor had been accurate and complete, then such (net) greater costs, liabilities or expenditure shall be deemed to be costs suffered or incurred by THE CHIEF EXECUTIVE the ESFA or Successor Contractor and included within the indemnity provided by THE CONTRACTORthe Contractor.
1.4.10. THE CHIEF EXECUTIVE The ESFA or Successor Contractor shall be entitled to recover from THE CONTRACTOR the Contractor in full any legal, accountancy and other costs actually and reasonably incurred by THE CHIEF EXECUTIVE the ESFA or Successor Contractor in connection with the costs and liabilities indemnified by THE CONTRACTORthe Contractor.
1.4.11. This clause Clause 1.4 shall continue in effect for six months following the expiry or termination of this Contract. “Initial Staff Information” Means:
1. Number of staff to be transferred;
2. Gender;
3. Date of Birth;
4. Whether disabled for the purposes of the Disability Discrimination Act 1995;
5. Job description;
6. Work Location;
7. Conditioned hours of work per week;
8. Date of commencement of continuous employment and (if different) the commencement date;
Appears in 1 contract
Sources: Contract for Services
Expiry of Contract. 1.4.1. THE CHIEF EXECUTIVE The ESFA and THE CONTRACTOR the Contractor shall act on the basis that ▇▇▇▇ TUPE applies on expiry or termination of the Contract where THE CHIEF EXECUTIVE the ESFA is proposing re-contract for services which are substantially the same as the Services.
1.4.2. During the period of 18 months preceding the expiry of the Contract or within 21 days after THE CHIEF EXECUTIVE the ESFA or THE CONTRACTOR the Contractor has given notice to terminate the Contract, THE CONTRACTOR the Contractor shall disclose to the CHIEF EXECUTIVE ESFA and shall permit the CHIEF EXECUTIVE ESFA to disclose to any tenderer for services which are substantially the same as the Services, the Initial Staff Information provided that prior to so doing any such tenderer shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTORthe Contractor.
1.4.3. During the period of three months preceding the expiry of this Contract or within 21 days after THE CHIEF EXECUTIVE the ESFA or THE CONTRACTOR the Contractor has given notice to terminate the Contract, THE CONTRACTOR the Contractor shall, subject to the provisions of the Data Protection Act 1998Laws, provide and thereafter keep updated at monthly intervals, to THE CHIEF EXECUTIVE the ESFA and to the Successor Contractor information equivalent to the Relevant Personnel Documentation and the Prescribed Particulars in respect of each employee whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee provided that prior to so doing the Successor Contractor nominated by THE CHIEF EXECUTIVE the ESFA shall have executed in writing a confidentiality undertaking in favour of THE CONTRACTORthe Contractor.
1.4.4. THE CONTRACTOR The Contractor shall make reasonable endeavours to assist the Successor Contractor to communicate with, meet and inform and consult with the employees whom THE CONTRACTOR the Contractor reasonably believes will be a Future Transferring Employee and their trade union or other employee representatives for the purposes of complying with TUPE.
1.4.5. THE CONTRACTOR The Contractor shall immediately prior to the Future Transfer Date provide to THE CHIEF EXECUTIVE the ESFA or the Successor Contractor a complete and accurate list of the Prescribed Particulars and Identification Details of all employees whom it reasonably believes will be Future Transferring Employees.
1.4.6. Within a period of 21 days following the expiry or termination of this Contract THE CONTRACTOR the Contractor shall provide to THE CHIEF EXECUTIVE the ESFA or the Successor Contractor in writing Final Pay Details of the Future Transferring Employees.
1.4.7. THE CONTRACTOR The Contractor warrants that it shall supply complete and accurate information pursuant to clauses Clauses 1.4.2, 1.4.3, 1.4.5 and 1.4.6 in all material respects and THE CONTRACTOR Contractor shall indemnify and keep THE CHIEF EXECUTIVE ESFA indemnified fully now and in the future in respect of all or any costs whether arising in contract or under any Relevant Legislation suffered or incurred by THE CHIEF EXECUTIVE ESFA or the Successor Contractor nominated by THE CHIEF EXECUTIVE ESFA by reason of any proceeding, claim or demand arising from or in connection with the provision of information and/or the failure to provide complete and accurate information under clauses Clauses 1.4.2, 1.4.3, 1.4.5, and 1.4.6, and/or the provision of assistance and/or failure to provide assistance under clause Clause 1.4.4 of this Contract.
1.4.8. After receiving notice of the termination of this Contract and for six (6) months preceding expiry of this Contract THE CONTRACTOR Contractor shall promptly notify THE CHIEF EXECUTIVE ESFA or the Successor Contractor:
14.8.1 1.4.8.1 Of the period of notice given by THE CONTRACTOR Contractor or received from any employee whom THE CONTRACTOR Contractor reasonably believes will be a Future Transferring Employee regardless of when such notice is to take effect;
14.8.2 1.4.8.2 Of the termination, for whatever reason, of the employment of any employee whom THE CONTRACTOR Contractor reasonably believes will be a Future Transferring Employee; and
14.8.3 1.4.8.3 Of any other change to any employee whom THE CONTRACTOR Contractor reasonably believes will be a Future Transferring Employee and their terms and conditions of employment, their Prescribed Particulars and their Relevant Personnel Documentation.
14.8.4 THE CONTRACTOR 1.4.8.4 The Contractor warrants that it shall supply the Required Information completely and accurately in all respects at the time of supply and shall indemnify and keep THE CHIEF EXECUTIVE the ESFA and/or any Successor Contractor indemnified in respect of all and any costs suffered or incurred by THE CHIEF EXECUTIVE the ESFA or the Successor Contractor by reason of any proceedings, claim or demand arising out of or in connection with:
14.8.5 1.4.8.5 Any claim against THE CHIEF EXECUTIVE the ESFA or the Successor Contractor by any Future Transferring Employee so far as it relates to any act or omission of THE CONTRACTOR the Contractor after the Employee Transfer Date and prior to the Future Transfer Date; and
14.8.6 1.4.8.6 Any claim against THE CHIEF EXECUTIVE the ESFA or the Successor Contractor by any Future Transferring Employee whose name is not included on the list provided by THE CONTRACTOR the Contractor pursuant to Clause 1.4.5 so far as it relates to the dismissal of such Future Transferring Employee within two Months of THE CHIEF EXECUTIVE the ESFA or Successor Contractor becoming aware of the transfer of such Future Transferring Employee.
1.4.9. For the purposes of Clause 1.4.9, in the event that THE CHIEF EXECUTIVE the ESFA or the Successor Contractor incurs costs, liabilities or expenditure in respect of Future Transferring Employees which is greater than would have been the case if the Required Information supplied by THE CONTRACTOR the Contractor had been accurate and complete, then such (net) greater costs, liabilities or expenditure shall be deemed to be costs suffered or incurred by THE CHIEF EXECUTIVE the ESFA or Successor Contractor and included within the indemnity provided by THE CONTRACTORthe Contractor.
1.4.10. THE CHIEF EXECUTIVE The ESFA or Successor Contractor shall be entitled to recover from THE CONTRACTOR the Contractor in full any legal, accountancy and other costs actually and reasonably incurred by THE CHIEF EXECUTIVE the ESFA or Successor Contractor in connection with the costs and liabilities indemnified by THE CONTRACTORthe Contractor.
1.4.11. This clause Clause 1.4 shall continue in effect for six months following the expiry or termination of this Contract. “Initial Staff Information” Means:
1. Number of staff to be transferred;
2. Gender;
Appears in 1 contract
Sources: Contract for Services