Common use of PENSIONS Clause in Contracts

PENSIONS. The Supplier shall, and shall procure that each of its Sub-Contractors shall, comply with the pensions provisions set out in Annex 1. 12/08/2013 The Customer and the Supplier agree that: the commencement of the provision of the Services or of any relevant part of the Services will be a Relevant Transfer in relation to the Transferring Former Supplier Employees; and as a result of the operation of the Employment Regulations, the contracts of employment between each Former Supplier and the Transferring Former Supplier Employees (except in relation to any terms disapplied through the operation of regulation 10(2) of the Employment Regulations) shall have effect on and from the Relevant Transfer Date as if originally made between the Supplier and/or Notified Sub-Contractor and each such Transferring Former Supplier Employee. The Customer shall procure that each Former Supplier shall comply with all its obligations under the Employment Regulations and shall perform and discharge all its obligations in respect of all the Transferring Former Supplier Employees in respect of the period up to (but not including)the Relevant Transfer Date (including the payment of all remuneration, benefits, entitlements and outgoings, all wages, accrued but untaken holiday pay, bonuses, commissions, payments of PAYE, national insurance contributions and pension contributions which in any case are attributable in whole or in part in respect of the period up to (but not including) the Relevant Transfer Date) and the Supplier shall make, and the Customer shall procure that each Former Supplier makes, any necessary apportionments in respect of any periodic payments.

PENSIONS. The Supplier shall, and shall procure that each of its Sub-Contractors Contractor shall, comply with the pensions provisions set out in Annex 11 where any Transferring Former Supplier Employee is a Pension Member as such term is defined in Annex 1 of this Call Off Schedule. 12/08/2013 The Customer and the Supplier agree that: that the commencement of the provision of the Services or of any relevant part of the Services will not be a Relevant Transfer in relation to any employees of the Transferring Customer and/or any Former Supplier. If any employee of the Customer and/or a Former Supplier Employees; and as a result of the operation of the Employment Regulationsclaims, the contracts of employment between each Former Supplier and the Transferring Former Supplier Employees (except or it is determined in relation to any terms disapplied through the operation of regulation 10(2) employee of the Employment Regulations) shall have effect on and Customer and/or a Former Supplier, that his/her contract of employment has been transferred from the Relevant Transfer Date as if originally made between Customer and/or the Former Supplier to the Supplier and/or Notified any Sub-Contractor pursuant to the Employment Regulations or the Acquired Rights Directive then: the Supplier shall, and each such Transferring Former Supplier Employee. The Customer shall procure that each the relevant Sub-Contractor shall, within five (5) Working Days of becoming aware of that fact, give notice in writing to the Customer and, where required by the Customer, give notice to the Former Supplier shall comply with all its obligations under the Employment Regulations and shall perform and discharge all its obligations in respect of all the Transferring Former Supplier Employees in respect of the period up to (but not including)the Relevant Transfer Date (including the payment of all remuneration, benefits, entitlements and outgoings, all wages, accrued but untaken holiday pay, bonuses, commissions, payments of PAYE, national insurance contributions and pension contributions which in any case are attributable in whole or in part in respect of the period up to (but not including) the Relevant Transfer Date) and the Supplier shall make, Supplier; and the Customer and/or the Former Supplier may offer (or may procure that a third party may offer) employment to such person within fifteen (15) Working Days of the notification by the Supplier or the Sub-Contractor (as appropriate) or take such other reasonable steps as the Customer or Former Supplier (as the case may be) considers appropriate to deal with the matter provided always that such steps are in compliance with applicable Law. If an offer referred to in paragraph 134.2.2 of Part C of this Call Off Schedule is accepted (or if the situation has otherwise been resolved by the Customer and/or the Former Supplier), the Supplier shall, or shall procure that each Former the Sub-Contractor shall, immediately release the person from his/her employment or alleged employment. If by the end of the fifteen (15) Working Day period specified in paragraph 134.2.2: no such offer of employment has been made; such offer has been made but not accepted; or the situation has not otherwise been resolved, the Supplier makes, any necessary apportionments in respect and/or the Sub-Contractor may within five (5) Working Days give notice to terminate the employment or alleged employment of any periodic paymentssuch person.

PENSIONS. The Supplier shall, and shall procure that each of its Sub-Contractors Contractor shall, comply with the pensions provisions set out in Annex 11 where any Transferring Former Supplier Employee is a Pension Member as such term is defined in Annex 1 of this Call Off Schedule. 12/08/2013 The Customer and the Supplier agree that: that the commencement of the provision of the Services or of any relevant part of the Services will not be a Relevant Transfer in relation to any employees of the Transferring Customer and/or any Former Supplier. If any employee of the Customer and/or a Former Supplier Employees; and as a result of the operation of the Employment Regulationsclaims, the contracts of employment between each Former Supplier and the Transferring Former Supplier Employees (except or it is determined in relation to any terms disapplied through the operation of regulation 10(2) employee of the Employment Regulations) shall have effect on and Customer and/or a Former Supplier, that his/her contract of employment has been transferred from the Relevant Transfer Date as if originally made between Customer and/or the Former Supplier to the Supplier and/or Notified any Sub-Contractor pursuant to the Employment Regulations or the Acquired Rights Directive then: the Supplier shall, and each such Transferring Former Supplier Employee. The Customer shall procure that each the relevant Sub-Contractor shall, within five (5) Working Days of becoming aware of that fact, give notice in writing to the Customer and, where required by the Customer, give notice to the Former Supplier shall comply with all its obligations under the Employment Regulations and shall perform and discharge all its obligations in respect of all the Transferring Former Supplier Employees in respect of the period up to (but not including)the Relevant Transfer Date (including the payment of all remuneration, benefits, entitlements and outgoings, all wages, accrued but untaken holiday pay, bonuses, commissions, payments of PAYE, national insurance contributions and pension contributions which in any case are attributable in whole or in part in respect of the period up to (but not including) the Relevant Transfer Date) and the Supplier shall make, Supplier; and the Customer and/or the Former Supplier may offer (or may procure that a third party may offer) employment to such person within fifteen (15) Working Days of the notification by the Supplier or the Sub-Contractor (as appropriate) or take such other reasonable steps as the Customer or Former Supplier (as the case may be) considers appropriate to deal with the matter provided always that such steps are in compliance with applicable Law. If an offer referred to in paragraph 154.2.2 of Part C of this Call Off Schedule is accepted (or if the situation has otherwise been resolved by the Customer and/or the Former Supplier), the Supplier shall, or shall procure that each Former the Sub-Contractor shall, immediately release the person from his/her employment or alleged employment. If by the end of the fifteen (15) Working Day period specified in paragraph 154.2.2: no such offer of employment has been made; such offer has been made but not accepted; or the situation has not otherwise been resolved, the Supplier makes, any necessary apportionments in respect and/or the Sub-Contractor may within five (5) Working Days give notice to terminate the employment or alleged employment of any periodic paymentssuch person.

PENSIONS. The Supplier shall, and shall procure that each of its Sub-Contractors shall, comply with the pensions provisions set out in Annex 1. 12/08/2013 The Customer and the Supplier agree that: the commencement of the provision of the Goods and/or Services or of any relevant part of the Goods and/or Services will be a Relevant Transfer in relation to the Transferring Former Supplier Employees; and as a result of the operation of the Employment Regulations, the contracts of employment between each Former Supplier and the Transferring Former Supplier Employees (except in relation to any terms disapplied through the operation of regulation 10(2) of the Employment Regulations) shall have effect on and from the Relevant Transfer Date as if originally made between the Supplier and/or Notified Sub-Contractor and each such Transferring Former Supplier Employee. The Customer shall procure that each Former Supplier shall comply with all its obligations under the Employment Regulations and shall perform and discharge all its obligations in respect of all the Transferring Former Supplier Employees in respect of the period up to (but not including)the Relevant Transfer Date (including the payment of all remuneration, benefits, entitlements and outgoings, all wages, accrued but untaken holiday pay, bonuses, commissions, payments of PAYE, national insurance contributions and pension contributions which in any case are attributable in whole or in part in respect of the period up to (but not including) the Relevant Transfer Date) and the Supplier shall make, and the Customer shall procure that each Former Supplier makes, any necessary apportionments in respect of any periodic payments.

PENSIONS. The Supplier shall, and shall procure that each of its Sub-Contractors Contractor shall, comply with the pensions provisions set out in Annex 11 where any Transferring Former Supplier Employee is a Pension Member as such term is defined in Annex 1 of this Call Off Schedule. 12/08/2013 The Customer and the Supplier agree that: that the commencement of the provision of the Goods and/or Services or of any relevant part of the Goods and/or Services will not be a Relevant Transfer in relation to any employees of the Transferring Customer and/or any Former Supplier. If any employee of the Customer and/or a Former Supplier Employees; and as a result of the operation of the Employment Regulationsclaims, the contracts of employment between each Former Supplier and the Transferring Former Supplier Employees (except or it is determined in relation to any terms disapplied through the operation of regulation 10(2) employee of the Employment Regulations) shall have effect on and Customer and/or a Former Supplier, that his/her contract of employment has been transferred from the Relevant Transfer Date as if originally made between Customer and/or the Former Supplier to the Supplier and/or Notified any Sub-Contractor pursuant to the Employment Regulations or the Acquired Rights Directive then: the Supplier shall, and each such Transferring Former Supplier Employee. The Customer shall procure that each the relevant Sub-Contractor shall, within five (5) Working Days of becoming aware of that fact, give notice in writing to the Customer and, where required by the Customer, give notice to the Former Supplier shall comply with all its obligations under the Employment Regulations and shall perform and discharge all its obligations in respect of all the Transferring Former Supplier Employees in respect of the period up to (but not including)the Relevant Transfer Date (including the payment of all remuneration, benefits, entitlements and outgoings, all wages, accrued but untaken holiday pay, bonuses, commissions, payments of PAYE, national insurance contributions and pension contributions which in any case are attributable in whole or in part in respect of the period up to (but not including) the Relevant Transfer Date) and the Supplier shall make, Supplier; and the Customer and/or the Former Supplier may offer (or may procure that a third party may offer) employment to such person within fifteen (15) Working Days of the notification by the Supplier or the Sub-Contractor (as appropriate) or take such other reasonable steps as the Customer or Former Supplier (as the case may be) considers appropriate to deal with the matter provided always that such steps are in compliance with applicable Law. If an offer referred to in paragraph 144.2.2 of Part C of this Call Off Schedule is accepted (or if the situation has otherwise been resolved by the Customer and/or the Former Supplier), the Supplier shall, or shall procure that each Former the Sub-Contractor shall, immediately release the person from his/her employment or alleged employment. If by the end of the fifteen (15) Working Day period specified in paragraph 144.2.2: no such offer of employment has been made; such offer has been made but not accepted; or the situation has not otherwise been resolved, the Supplier makes, any necessary apportionments in respect and/or the Sub-Contractor may within five (5) Working Days give notice to terminate the employment or alleged employment of any periodic paymentssuch person.

PENSIONS. The Supplier shall, and shall procure that each of its Sub-Contractors shall, comply with the pensions provisions set out in Annex 1. 12/08/2013 The Customer Authority and the Supplier agree that: the commencement of the provision of the Services or of any relevant part of the Services will be a Relevant Transfer in relation to the Transferring Former Supplier Employees; and as a result of the operation of the Employment Regulations, the contracts of employment between each Former Supplier and the Transferring Former Supplier Employees (except in relation to any terms disapplied through the operation of regulation 10(2) of the Employment Regulations) shall have effect on and from the Relevant Transfer Date as if originally made between the Supplier and/or Notified Sub-Contractor and each such Transferring Former Supplier Employee. The Customer Authority shall procure that each Former Supplier shall comply with all its obligations under the Employment Regulations and shall perform and discharge all its obligations in respect of all the Transferring Former Supplier Employees in respect of the period up to (but not including)the including) the Relevant Transfer Date (including the payment of all remuneration, benefits, entitlements and outgoings, all wages, accrued but untaken holiday pay, bonuses, commissions, payments of PAYE, national insurance contributions and pension contributions which in any case are attributable in whole or in part in respect of the period up to (but not including) the Relevant Transfer Date) and the Supplier shall make, and the Customer Authority shall procure that each Former Supplier makes, any necessary apportionments in respect of any periodic payments.

PENSIONS. The Supplier shall, and shall procure that each of its Sub-Contractors Subcontractor shall, comply with with: the pensions requirements of Part 1 of the Pensions Act 2008, section 258 of the Pensions Act 2004 and the Transfer of Employment (Pension Protection) Regulations 2005 for all transferring staff; and the provisions set out in Annex 1Part D: Pensions (and its Annexes) to this Staff Transfer Schedule. 12/08/2013 The Customer Buyer and the Supplier agree that: that the commencement of the provision of the Services or of any relevant part of the Services will is not expected to be a Relevant Transfer in relation to any employees of the Transferring Buyer and/or any Former Supplier. Subject to Paragraphs 1.3, 1.4 and 1.5, if any employee of the Buyer and/or a Former Supplier Employees; and as a result of the operation of the Employment Regulationsclaims, the contracts of employment between each Former Supplier and the Transferring Former Supplier Employees (except or it is determined in relation to any terms disapplied through the operation of regulation 10(2) employee of the Employment Regulations) shall have effect on and Buyer and/or a Former Supplier, that their contract of employment has been transferred from the Relevant Transfer Date as if originally made between Buyer and/or the Former Supplier to the Supplier and/or Notified Sub-Contractor any Subcontractor pursuant to the Employment Regulations then: the Supplier shall, and each such Transferring Former Supplier Employee. The Customer shall procure that each the relevant Subcontractor shall, within 5 Working Days of becoming aware of that fact, notify the Buyer in writing and, where required by the Buyer, give notice to the Former Supplier; the Buyer and/or the Former Supplier may offer (or may procure that a third party may offer) employment to such person, or take such other steps as it considered appropriate to resolve the matter, within 15 Working Days of receipt of notice from the Supplier or the Subcontractor, provided always that such steps are in compliance with applicable Law; if such offer of employment is accepted, the Supplier shall, or shall comply procure that the Subcontractor shall, immediately release the person from its employment; and if after the period referred to in Paragraph 1.2.2 no such offer has been made, or such offer has been made but not accepted, the Supplier may within 5 Working Days give notice to terminate the employment of such person; and subject to the Supplier's compliance with Paragraphs 1.2.1 to 1.2.4 and in accordance with all its obligations under applicable employment procedures set out in applicable Law and subject also to Paragraph 1.5: the Employment Regulations Buyer will indemnify the Supplier and/or the relevant Subcontractor against all Employee Liabilities arising out of the termination of the employment of any of the Buyer's employees referred to in Paragraph 1.2 provided that the Supplier takes, or shall procure that the Notified Subcontractor takes, all reasonable steps to minimise any such Employee Liabilities; and shall perform and discharge all its obligations in respect of all the Transferring Buyer will procure that the Former Supplier Employees in respect indemnifies the Supplier and/or any Subcontractor against all Employee Liabilities arising out of termination of the period up employment of the employees of the Former Supplier referred to (but not including)the Relevant Transfer Date (including in Paragraph 1.2 provided that the payment of all remunerationSupplier takes, benefits, entitlements and outgoingsor shall procure that the relevant Subcontractor takes, all wages, accrued but untaken holiday pay, bonuses, commissions, payments of PAYE, national insurance contributions and pension contributions which reasonable steps to minimise any such Employee Liabilities. If any such person as is described in Paragraph 1.2 is neither re employed by the Buyer and/or the Former Supplier as appropriate nor dismissed by the Supplier and/or any case are attributable Subcontractor within the 15 Working Day period referred to in whole or in part in respect of Paragraph 1.2 such person shall be treated as having transferred to the period up to Supplier and/or the Subcontractor (but not including) the Relevant Transfer Dateas appropriate) and the Supplier shall makeshall, and the Customer or shall procure that each the Subcontractor shall, (a) comply with such obligations as may be imposed upon it under Law and (b) comply with the provisions of Part D (Pensions) and its Annexes of this Staff Transfer Schedule. Where any person remains employed by the Supplier and/or any Subcontractor pursuant to Paragraph 1.3, all Employee Liabilities in relation to such employee shall remain with the Supplier and/or the Subcontractor and the Supplier shall indemnify the Buyer and any Former Supplier makesSupplier, and shall procure that the Subcontractor shall indemnify the Buyer and any necessary apportionments Former Supplier, against any Employee Liabilities that either of them may incur in respect of any periodic payments.such employees of the Supplier and/or employees of the Subcontractor. The indemnities in Paragraph 1.2 shall not apply to any claim: for discrimination, including on the grounds of sex, race, disability, age, gender reassignment, marriage or civil partnership, pregnancy and maternity or sexual orientation, religion or belief; or equal pay or compensation for less favourable treatment of part-time workers or fixed-term employees, in relation to any alleged act or omission of the Supplier and/or Subcontractor; or any claim that the termination of employment was unfair because the Supplier and/or any Subcontractor neglected to follow a fair dismissal procedure; and The indemnities in Paragraph 1.2 shall not apply to any termination of employment occurring later than 6 Months from the relevant Transfer Date. If the Supplier and/or the Subcontractor does not comply with Paragraph 1.2, all Employee Liabilities in relation to such employees shall remain with the Supplier and/or the Subcontractor and the Supplier shall (i) comply with the provisions of Part D: Pensions of this Schedule, and (ii) indemnify the Buyer and any Former Supplier against any Employee Liabilities that either of them may incur in respect of any such employees of the Supplier and/or employees of the Subcontractor. Where in this Part C the Buyer accepts an obligation to procure that a Former Supplier does or does not do something, such obligation shall be limited so that it extends only to the extent that the Buyer's contract with the Former Supplier contains a contractual right in that regard which the Buyer may enforce, or otherwise so that it requires only that the Buyer must use reasonable endeavours to procure that the Former Supplier does or does not act accordingly. In this Part D and Part E, the following words have the following meanings and they shall supplement Schedule 1 (Definitions), and shall be deemed to include the definitions set out in the Annexes:

PENSIONS. The Supplier shall, and and/or shall procure that each of its Sub-Contractors contractors shall, comply with with: the pensions provisions set out in Annex 1requirements of Part 1 of the Pensions Act 2008, section 258 of the Pensions Act 2004 and the Transfer of Employment (Pension Protection) Regulations 2005 for all transferring staff; and Part D (and its Annexes) to this Staff Transfer Schedule. 12/08/2013 The Customer Authority and the Supplier agree that: the commencement of the provision of the Services or of any relevant part of the Services will be a Relevant Transfer in relation to the Transferring Former Supplier Employees; and as a result of the operation of the Employment Regulations, the contracts of employment between each Former Supplier and the Transferring Former Supplier Employees (except in relation to any terms disapplied through the operation of regulation 10(2) of the Employment Regulations) shall have effect on and from the Relevant Transfer Date as if originally made between the Supplier and/or Notified Sub-Contractor contractor and each such Transferring Former Supplier Employee. The Customer Authority shall procure that each Former Supplier shall comply with all its obligations under the Employment Regulations and shall perform and discharge all its obligations in respect of all the Transferring Former Supplier Employees in respect of the period up to (but not including)the Relevant Transfer Date (including the payment of all remuneration, benefits, entitlements and outgoings, all wages, accrued but untaken holiday pay, bonuses, commissions, payments of PAYE, national insurance contributions and pension contributions which in any case are attributable in whole or in part in respect of the period up to (but not including) the Relevant Transfer Date) and the Supplier shall make, and the Customer Authority shall procure that each Former Supplier makes, any necessary apportionments in respect of any periodic payments.

PENSIONS. 26.1 The Supplier shallBuyer shall enter into all such documents and do all such other things as may be necessary in order to procure (subject to the consent of any third party that may be required, including the Inland Revenue) that with effect from the Option Completion Date: 26.1.1 the Buyer shall be appointed as the Principal Employer of the British Energy Combined Group (the “BECG”) of the Electricity Supply Pension Scheme (the “ESPS”), in substitution for the Seller’s Group Company that is the Principal Employer of the BECG immediately before the Option Completion Date (the “Existing Principal Employer”); 26.1.2 those Employees who are in contributing service under the BECG immediately before the Option Completion Date shall continue in contributing service under the BECG on the same terms from the Option Completion Date (although this shall not be construed so as to prevent the Buyer from subsequently providing benefits applicable under the BECG for the Employees under a different arrangement); 26.1.3 the Buyer shall be deemed (for the purposes of the rules of the ESPS applicable to the BECG and shall procure that each all related purposes) to have become the employer or last employer of its Sub-Contractors shall, comply all those members and former members associated with the pensions provisions set out in Annex 1. 12/08/2013 The Customer and the Supplier agree that: the commencement BECG who are not Employees but whose employer immediately prior to ceasing active membership of the provision BECG for the last time was the Seller; and 26.1.4 the Existing Principal Employer (and each other Seller’s Group Company that has participated in the BECG before the Option Completion Date) shall be discharged from all functions, duties, obligations and liabilities whatsoever in **** indicates material omitted and filed separately with the Commission. respect of the Services or of any relevant part Employees and those members who, immediately prior to ceasing active membership of the Services will be a Relevant Transfer BECG for the last time were employed by the Seller, under and in relation to the Transferring Former Supplier Employees; BECG and as a result the Buyer shall undertake full responsibility for all such functions, duties, obligations and liabilities, whether arising before or after the Option Completion Date. The Existing Principal Employer shall remain liable for all other functions, duties, obligations and liabilities arising out of or in connection with any other member of the operation of BECG. 26.2 The Seller shall lend all reasonable assistance as the Employment Regulations, the contracts of employment between each Former Supplier and the Transferring Former Supplier Employees (except Buyer may request in relation to any terms disapplied through the operation of regulation 10(2) Buyer’s obligations under Clause 26. 1. The Buyer and the Seller shall co-operate with a view to ensuring an orderly transfer of the Employment Regulations) shall have effect on BECG to the Buyer as provided for in Clause 26.1, including in relation to: 26.2.1 changing the Group Trustees and from the Relevant Transfer Date as if originally made between the Supplier and/or Notified Sub-Contractor and each such Transferring Former Supplier Employee. The Customer shall procure that each Former Supplier shall comply with all its obligations under the Employment Regulations and shall perform and discharge all its obligations in respect of all the Transferring Former Supplier Employees in respect Group Administrator of the period up to (but not including)the Relevant Transfer Date (including BECG; and 26.2.2 making appropriate alternative arrangements for the payment of all remuneration, benefits, entitlements and outgoings, all wages, accrued but untaken holiday pay, bonuses, commissions, payments of PAYE, national insurance contributions and pension contributions which in any case are attributable in whole or in part in respect administration of the period up BECG, if any Seller’s Group Company is a party to (but not including) those arrangements immediately before the Relevant Transfer Option Completion Date) and the Supplier shall make, and the Customer shall procure that each Former Supplier makes, any necessary apportionments in respect of any periodic payments.

PENSIONS. 6.1 The Supplier shall, and and/or shall procure that each of its Sub-Contractors Subcontractors shall, comply with with: 6.1.1 the pensions provisions set out in Annex requirements of Part 1 of the Pensions Act 2008, section 258 of the Pensions Act 2004 and the Transfer of Employment (Pension Protection) Regulations 2005 for all transferring staff; and 6.1.2 Part D: Pensions (and its Annexes) to this Schedule. 1. 12/08/2013 What is a relevant transfer 1.1 The Customer Buyer and the Supplier agree that: : 1.1.1 the commencement of the provision of the Services or of any relevant part of the Services will be a Relevant Transfer in relation to the Transferring Former Supplier Employees; and and 1.1.2 as a result of the operation of the Employment Regulations, the contracts of employment between each Former Supplier and the Transferring Former Supplier Employees (except in relation to any terms disapplied through the operation of regulation 10(2) of the Employment Regulations) shall have effect on and from the Relevant Transfer Date as if originally made between the Supplier and/or Notified Sub-Contractor any Subcontractor and each such Transferring Former Supplier Employee. . 1.2 The Customer Buyer shall procure that each Former Supplier shall comply with all its obligations under the Employment Regulations and shall perform and discharge all its obligations in respect of all the Transferring Former Supplier Employees in respect of the period up to (but not including)the including) the Relevant Transfer Date (including (without limit) the payment of all remuneration, benefits, entitlements and outgoings, all wages, accrued but untaken holiday pay, bonuses, commissions, payments of PAYE, national insurance contributions and pension contributions which in any case are attributable in whole or in part in respect of the period up to (but not including) the Relevant Transfer Date) and the Supplier shall make, and the Customer Buyer shall procure that each Former Supplier makes, any necessary apportionments in respect of any periodic payments.

PENSIONS. 9.7.1 The Supplier Contractor shall, and shall procure that each of its Sub-Contractors shall, comply with the pensions provisions set out in Annex 1. 12/08/2013 The Customer and the Supplier agree that: 9.8 Relevant Transfers 9.8.1.1 the commencement of the provision of the Services service or of any relevant part of the Services service will be a Relevant Transfer in relation to the Transferring Former Supplier Contractor Employees; and and 9.8.1.2 as a result of the operation of the Employment Regulations, the contracts of employment between each Former Supplier Contractor and the Transferring Former Supplier Contractor Employees (except in relation to any terms disapplied through the operation of regulation 10(2) of the Employment Regulations) shall have effect on and from the Relevant Transfer Date as if originally made between the Supplier Contractor and/or Notified Sub-Contractor and each such Transferring Former Supplier Contractor Employee. . 9.8.2 The Customer Employer shall procure that each Former Supplier Contractor shall comply with all its obligations under the Employment Regulations and shall perform and discharge all its obligations in respect of all the Transferring Former Supplier Contractor Employees in respect of the period up to (but not including)the including) the Relevant Transfer Date (including the payment of all remuneration, benefits, entitlements and outgoings, all wages, accrued but untaken holiday pay, bonuses, commissions, payments of PAYE, national insurance contributions and pension contributions which in any case are attributable in whole or in part in respect of the period up to (but not including) the Relevant Transfer Date) and the Supplier Contractor shall make, and the Customer Employer shall procure that each Former Supplier Contractor makes, any necessary apportionments in respect of any periodic payments.

PENSIONS. The Supplier shall, and and/or shall procure that each of its Sub-Contractors Subcontractors shall, comply with with: the pensions requirements of Part 1 of the Pensions Act 2008, section 258 of the Pensions Act 2004 and the Transfer of Employment (Pension Protection) Regulations 2005 for all transferring staff; and the provisions set out in Annex 1Part D: Pensions (and its Annexes) to this Staff Transfer Schedule. 12/08/2013 The Customer Buyer and the Supplier agree that: the commencement of the provision of the Services or of any relevant part of the Services will be a Relevant Transfer in relation to the Transferring Former Supplier Employees; and as a result of the operation of the Employment Regulations, the contracts of employment between each Former Supplier and the Transferring Former Supplier Employees (except in relation to any terms disapplied through the operation of regulation 10(2) of the Employment Regulations) shall have effect on and from the Relevant Transfer Date as if originally made between the Supplier and/or Notified Sub-Contractor any Subcontractor and each such Transferring Former Supplier Employee. The Customer Buyer shall procure that each Former Supplier shall comply with all its obligations under the Employment Regulations and shall perform and discharge all its obligations in respect of all the Transferring Former Supplier Employees in respect of the period up to (but not including)the including) the Relevant Transfer Date (including the payment of all remuneration, benefits, entitlements and outgoings, all wages, accrued but untaken holiday pay, bonuses, commissions, payments of PAYE, national insurance contributions and pension contributions which in any case are attributable in whole or in part in respect of the period up to (but not including) the Relevant Transfer Date) and the Supplier shall make, and the Customer Buyer shall procure that each Former Supplier makes, any necessary apportionments in respect of any periodic payments.