Common use of Transfer of Responsibility on Expiry or Termination Clause in Contracts

Transfer of Responsibility on Expiry or Termination. 8.8.1. The Parties agree that if upon termination of this Contract or any part of the Services being provided under this Contract, circumstances arise in which the Transfer of Undertakings (Protection of Employment) Regulations 2006 are applicable, the Parties shall in good faith co-operate with each other in the disclosure of information and the provision of other assistance and comply with the provisions of Appendix 4 so as to facilitate such outcome in relation to the relevant employees as may be acceptable to the Parties. 8.8.2. The Parties agree that on termination or expiry of this Contract for any reason, the continuity of the Services is of paramount importance. The Training Provider shall do its utmost to minimise disruption cause to Learners and to assist the implementation of any contingency plan proposed by CITB-ConstructionSkills either prior to or after the termination or expiry of this Contract, to deal with the effects of such termination or expiry in so far as it is practicable to do so. 8.8.3. The Training Provider shall, at no cost to CITB-ConstructionSkills, promptly provide such assistance and comply with such timetable as CITB- ConstructionSkills may reasonably require for the purpose of ensuring an orderly transfer of responsibility for provision of the Services (or its equivalent) upon the expiry or other termination of this Contract. The Training Provider shall use all reasonable endeavours to ensure that its employees and any sub- contractors (without prejudice to the prohibition on sub-contracting the Services) are under a similar obligation. CITB-ConstructionSkills shall be entitled to require the provision of such assistance both prior to and after the expiry or other termination of this Contract. 8.8.4. The assistance described in Clause 8.8.3 may include (without limitation) delivery of documents and data in the possession or control of the Training Provider or its sub-contractors (without prejudice to the prohibition on sub- contracting the Services) which relate to the performance, monitoring, management and reporting of the Programme or Services, including the documents and data, if any, referred to in the Appendices. 8.8.5. The Training Provider undertakes that it shall not knowingly do or omit to do anything which may adversely affect the ability of CITB-ConstructionSkills to ensure an orderly transfer of responsibility for the provision of the Services. 8.8.6. CITB-ConstructionSkills shall be entitled to withhold payment of the final instalment of Call-Off Funding payable on termination or expiry of this Agreement until such time as the Training Provider has complied with clauses 8.8.3 and 8.8.4 above

Appears in 2 contracts

Sources: Framework Agreement, Framework Agreement

Transfer of Responsibility on Expiry or Termination. 8.8.123.1. The Parties agree that if upon termination of this Contract or any part of the Services Service being provided under this the Contract, circumstances arise in which the Transfer of Undertakings (Protection of Employment) Regulations 2006 are applicable, the Parties shall in good faith co-operate with each other in the disclosure of information and the provision of other assistance and comply with the provisions of Appendix 4 Clause 1 in Schedule 1 of the Contract so as to facilitate such outcome in relation to the relevant employees as may be acceptable to the Parties. 8.8.223.2. The Parties agree that on termination or expiry of this Contract for any reason, the continuity of the Services is of paramount importance. The Training Provider Contractor shall do its utmost to minimise disruption cause caused to Learners and to assist the implementation of any contingency plan proposed by CITB-ConstructionSkills the ESFA either prior to or after the termination or of expiry of this Contract, to deal with the effects of such termination or expiry in so far as it is practicable to do so. 8.8.323.3. On termination or expiry of this Contract for any reason the Learner Files will become the property of the ESFA. The Training Provider Contractor shall allow the ESFA his servants or agent to have access to its premises to remove Learner Files or otherwise comply with a request by the ESFA to transfer Learner Files to any third party nominated by the ESFA. 23.4. The Contractor shall, at no cost to CITB-ConstructionSkillsthe ESFA, promptly provide such assistance and comply with such timetable as CITB- ConstructionSkills the ESFA may reasonably require for the purpose of ensuring an orderly transfer of responsibility for provision of the Services (or its equivalent) upon the expiry or other termination of this Contract. The Training Provider Contractor shall use all reasonable endeavours to ensure that its employees and any sub- contractors (without prejudice to the prohibition on its sub-contracting the Services) contractors are under a similar obligation. CITB-ConstructionSkills The ESFA shall be entitled to require the provision of such assistance both prior to and after the expiry or other termination of this Contract. 8.8.423.5. The Such assistance described in Clause 8.8.3 may include include, (without limitation) delivery of documents and data in the possession or control of the Training Provider Contractor or its sub-contractors (without prejudice to the prohibition on sub- contracting the Services) contractors, which relate to the performance, monitoring, management and reporting of the Programme or ServicesProgramme, including the documents and data, if any, referred to in the AppendicesSchedules. 8.8.523.6. The Training Provider Contractor undertakes that it shall not knowingly do or omit to do anything which may adversely affect the ability of CITB-ConstructionSkills the ESFA to ensure an orderly transfer of responsibility for the provision of the Services. 8.8.6. CITB-ConstructionSkills shall be entitled to withhold payment of the final instalment of Call-Off Funding payable on termination or expiry of this Agreement until such time as the Training Provider has complied with clauses 8.8.3 and 8.8.4 above

Appears in 1 contract

Sources: Contract for Services

Transfer of Responsibility on Expiry or Termination. 8.8.1. 20.1 The Parties agree that if upon termination of this Contract or any part of the Services being provided delivered under this the Contract, circumstances arise in which the Transfer of Undertakings (Protection of Employment) Regulations 2006 are applicable, the Parties shall in good faith co-operate with each other in the disclosure of information and the provision Provision of other assistance and comply with the provisions of Appendix 4 paragraph 8 of Schedule 3 so as to facilitate such outcome in relation to the relevant employees as may be acceptable to the Parties. 8.8.2. 20.2 The Parties agree that on termination or expiry of this Contract for any reason, the continuity of the Services is of paramount importance. The Training Provider THE CONTRACTOR shall do its utmost to minimise disruption cause caused to Learners students and to assist the implementation of any contingency plan proposed by CITB-ConstructionSkills THE EFA either prior to or after the termination or of expiry of this Contract, to deal with the effects of such termination or expiry in so far as it is practicable to do so. 8.8.3. The Training Provider 20.3 THE CONTRACTOR shall, at no cost to CITB-ConstructionSkillsTHE EFA, promptly provide such assistance and comply with such timetable as CITB- ConstructionSkills THE EFA may reasonably require for the purpose of ensuring an orderly transfer of responsibility for provision of the Services (or its equivalent) upon the expiry or other termination of this Contract. The Training Provider THE CONTRACTOR shall use all reasonable endeavours to ensure that its employees and any sub- contractors (without prejudice to the prohibition on sub-contracting the Services) its sub‑THE CONTRACTORs are under a similar obligation. CITB-ConstructionSkills THE EFA shall be entitled to require the provision Provision of such assistance both prior to and after the expiry or other termination of this Contract. 8.8.4. The 20.4 Such assistance described in Clause 8.8.3 may include include, (without limitation) delivery of documents and data in the possession or control of the Training Provider THE CONTRACTOR or its sub-contractors (without prejudice to the prohibition on sub- contracting the Services) sub‑THE CONTRACTORs, which relate to the performance, quality, monitoring, management and reporting of the Programme or ServicesProgramme, including the documents and data, if any, referred to in the AppendicesSchedules. 8.8.5. The Training Provider 20.5 THE CONTRACTOR undertakes that it shall not knowingly do or omit to do anything which may adversely affect the ability of CITB-ConstructionSkills THE EFA to ensure an orderly transfer of responsibility for the provision delivery of the Services. 8.8.6. CITB-ConstructionSkills shall be entitled to withhold payment of the final instalment of Call-Off Funding payable on termination or expiry of this Agreement until such time as the Training Provider has complied with clauses 8.8.3 and 8.8.4 above

Appears in 1 contract

Sources: Contract for Services

Transfer of Responsibility on Expiry or Termination. 8.8.125.1. The Parties agree that if upon termination of this Contract or any part of the Services Service being provided under this the Contract, circumstances arise in which the Transfer of Undertakings (Protection of Employment) Regulations 2006 are applicable, the Parties shall in good faith co-operate with each other in the disclosure of information and the provision of other assistance and comply with the provisions of Appendix 4 Clause 1 in Schedule 1 of the Contract so as to facilitate such outcome in relation to the relevant employees as may be acceptable to the Parties. 8.8.225.2. The Parties agree that on termination or expiry of this Contract for any reason, the continuity of the Services is of paramount importance. The Training Provider Contractor shall do its utmost to minimise disruption cause caused to Learners and to assist the implementation of any contingency plan proposed by CITB-ConstructionSkills the ESFA either prior to or after the termination or of expiry of this Contract, to deal with the effects of such termination or expiry in so far as it is practicable to do so. 8.8.325.3. On termination or expiry of this Contract for any reason the Learner Files will become the property of the ESFA. The Training Provider Contractor shall allow the ESFA his servants or agent to have access to its premises to remove Learner Files or otherwise comply with a request by the ESFA to transfer Learner Files to any third party nominated by the ESFA. 25.4. The Contractor shall, at no cost to CITB-ConstructionSkillsthe ESFA, promptly provide such assistance and comply with such timetable as CITB- ConstructionSkills the ESFA may reasonably require for the purpose of ensuring an orderly transfer of responsibility for provision of the Services (or its equivalent) upon the expiry or other termination of this Contract. The Training Provider Contractor shall use all reasonable endeavours endeavors to ensure that its employees and any sub- contractors (without prejudice to the prohibition on its sub-contracting the Services) contractors are under a similar obligation. CITB-ConstructionSkills The ESFA shall be entitled to require the provision of such assistance both prior to and after the expiry or other termination of this Contract. 8.8.425.5. The Such assistance described in Clause 8.8.3 may include include, (without limitation) delivery of documents and data in the possession or control of the Training Provider Contractor or its sub-contractors (without prejudice to the prohibition on sub- contracting the Services) contractors, which relate to the performance, monitoring, management and reporting of the Programme or ServicesLearning Programme, including the documents and data, if any, referred to in the AppendicesSchedules. 8.8.525.6. The Training Provider Contractor undertakes that it shall not knowingly do or omit to do anything which may adversely affect the ability of CITB-ConstructionSkills the ESFA to ensure an orderly transfer of responsibility for the provision of the Services. 8.8.6. CITB-ConstructionSkills shall be entitled to withhold payment of the final instalment of Call-Off Funding payable on termination or expiry of this Agreement until such time as the Training Provider has complied with clauses 8.8.3 and 8.8.4 above

Appears in 1 contract

Sources: Contract for Services

Transfer of Responsibility on Expiry or Termination. 8.8.123.1. The Parties agree that if upon termination of this Contract or any part of the Services Service being provided under this the Contract, circumstances arise in which the Transfer of Undertakings (Protection of Employment) Regulations 2006 are applicable, the Parties shall in good faith co-operate with each other in the disclosure of information and the provision of other assistance and comply with the provisions of Appendix 4 Clause 1 in Schedule 1 of the Contract so as to facilitate such outcome in relation to the relevant employees as may be acceptable to the Parties. 8.8.223.2. The Parties agree that on termination or expiry of this Contract for any reason, the continuity of the Services is of paramount importance. The Training Provider Contractor shall do its utmost to minimise disruption cause caused to Learners and to assist the implementation of any contingency plan proposed by CITB-ConstructionSkills the ESFA either prior to or after the termination or of expiry of this Contract, to deal with the effects of such termination or expiry in so far as it is practicable to do so. 8.8.323.3. On termination or expiry of this Contract for any reason the Learner Files will become the property of the ESFA. The Training Provider Contractor shall allow the ESFA his servants or agent to have access to its premises to remove Learner Files or otherwise comply with a request by the ESFA to transfer Learner Files to any third party nominated by the ESFA. 23.4. The Contractor shall, at no cost to CITB-ConstructionSkillsthe ESFA, promptly provide such assistance and comply with such timetable as CITB- ConstructionSkills the ESFA may reasonably require for the purpose of ensuring an orderly transfer of responsibility for provision of the Services (or its equivalent) upon the expiry or other termination of this Contract. The Training Provider Contractor shall use all reasonable endeavours endeavors to ensure that its employees and any sub- contractors (without prejudice to the prohibition on its sub-contracting the Services) contractors are under a similar obligation. CITB-ConstructionSkills The ESFA shall be entitled to require the provision of such assistance both prior to and after the expiry or other termination of this Contract. 8.8.423.5. The Such assistance described in Clause 8.8.3 may include include, (without limitation) delivery of documents and data in the possession or control of the Training Provider Contractor or its sub-contractors (without prejudice to the prohibition on sub- contracting the Services) contractors, which relate to the performance, monitoring, management and reporting of the Programme or ServicesLearning Programme, including the documents and data, if any, referred to in the AppendicesSchedules. 8.8.523.6. The Training Provider Contractor undertakes that it shall not knowingly do or omit to do anything which may adversely affect the ability of CITB-ConstructionSkills the ESFA to ensure an orderly transfer of responsibility for the provision of the Services. 8.8.6. CITB-ConstructionSkills shall be entitled to withhold payment of the final instalment of Call-Off Funding payable on termination or expiry of this Agreement until such time as the Training Provider has complied with clauses 8.8.3 and 8.8.4 above

Appears in 1 contract

Sources: Funding Agreement

Transfer of Responsibility on Expiry or Termination. 8.8.1. 20.1 The Parties agree that if upon termination of this Contract or any part of the Services being provided delivered under this the Contract, circumstances arise in which the Transfer of Undertakings (Protection of Employment) Regulations 2006 are applicable, the Parties shall in good faith co-operate with each other in the disclosure of information and the provision Provision of other assistance and comply with the provisions of Appendix 4 paragraph 8 of Schedule 3 so as to facilitate such outcome in relation to the relevant employees as may be acceptable to the Parties. 8.8.2. 20.2 The Parties agree that on termination or expiry of this Contract for any reason, the continuity of the Services is of paramount importance. The Training Provider THE CONTRACTOR shall do its utmost to minimise disruption cause caused to Learners pupils/students and to assist the implementation of any contingency plan proposed by CITB-ConstructionSkills THE EFA either prior to or after the termination or of expiry of this Contract, to deal with the effects of such termination or expiry in so far as it is practicable to do so. 8.8.3. The Training Provider 20.3 THE CONTRACTOR shall, at no cost to CITB-ConstructionSkillsTHE EFA, promptly provide such assistance and comply with such timetable as CITB- ConstructionSkills THE EFA may reasonably require for the purpose of ensuring an orderly transfer of responsibility for provision of the Services (or its equivalent) upon the expiry or other termination of this Contract. The Training Provider THE CONTRACTOR shall use all reasonable endeavours to ensure that its employees and any sub- contractors (without prejudice to the prohibition on its sub-contracting the Services) THE CONTRACTORs are under a similar obligation. CITB-ConstructionSkills THE EFA shall be entitled to require the provision Provision of such assistance both prior to and after the expiry or other termination of this Contract. 8.8.4. The 20.4 Such assistance described in Clause 8.8.3 may include include, (without limitation) delivery of documents and data in the possession or control of the Training Provider THE CONTRACTOR or its sub-contractors (without prejudice to the prohibition on sub- contracting the Services) THE CONTRACTORs, which relate to the performance, quality, monitoring, management and reporting of the Programme or ServicesProgramme, including the documents and data, if any, referred to in the AppendicesSchedules. 8.8.5. The Training Provider 20.5 THE CONTRACTOR undertakes that it shall not knowingly do or omit to do anything which may adversely affect the ability of CITB-ConstructionSkills THE EFA to ensure an orderly transfer of responsibility for the provision delivery of the Services. 8.8.6. CITB-ConstructionSkills shall be entitled to withhold payment of the final instalment of Call-Off Funding payable on termination or expiry of this Agreement until such time as the Training Provider has complied with clauses 8.8.3 and 8.8.4 above

Appears in 1 contract

Sources: Contract for Services

Transfer of Responsibility on Expiry or Termination. 8.8.1. 20.1 The Parties agree that if upon termination of this Contract or any part of the Services being provided delivered under this the Contract, circumstances arise in which the Transfer of Undertakings (Protection of Employment) Regulations 2006 are applicable, the Parties shall in good faith co-operate with each other in the disclosure of information and the provision Provision of other assistance and comply with the provisions of Appendix 4 paragraph 8 of Schedule 3 so as to facilitate such outcome in relation to the relevant employees as may be acceptable to the Parties. 8.8.2. 20.2 The Parties agree that on termination or expiry of this Contract for any reason, the continuity of the Services is of paramount importance. The Training Provider THE CONTRACTOR shall do its utmost to minimise disruption cause caused to Learners students and to assist the implementation of any contingency plan proposed by CITB-ConstructionSkills THE EFA either prior to or after the termination or of expiry of this Contract, to deal with the effects of such termination or expiry in so far as it is practicable to do so. 8.8.3. The Training Provider 20.3 THE CONTRACTOR shall, at no cost to CITB-ConstructionSkillsTHE EFA, promptly provide such assistance and comply with such timetable as CITB- ConstructionSkills THE EFA may reasonably require for the purpose of ensuring an orderly transfer of responsibility for provision of the Services (or its equivalent) upon the expiry or other termination of this Contract. The Training Provider THE CONTRACTOR shall use all reasonable endeavours to ensure that its employees and any sub- contractors (without prejudice to the prohibition on its sub-contracting the Services) THE CONTRACTORs are under a similar obligation. CITB-ConstructionSkills THE EFA shall be entitled to require the provision Provision of such assistance both prior to and after the expiry or other termination of this Contract. 8.8.4. The 20.4 Such assistance described in Clause 8.8.3 may include include, (without limitation) delivery of documents and data in the possession or control of the Training Provider THE CONTRACTOR or its sub-contractors (without prejudice to the prohibition on sub- contracting the Services) THE CONTRACTORs, which relate to the performance, quality, monitoring, management and reporting of the Programme or ServicesProgramme, including the documents and data, if any, referred to in the AppendicesSchedules. 8.8.5. The Training Provider 20.5 THE CONTRACTOR undertakes that it shall not knowingly do or omit to do anything which may adversely affect the ability of CITB-ConstructionSkills THE EFA to ensure an orderly transfer of responsibility for the provision delivery of the Services. 8.8.6. CITB-ConstructionSkills shall be entitled to withhold payment of the final instalment of Call-Off Funding payable on termination or expiry of this Agreement until such time as the Training Provider has complied with clauses 8.8.3 and 8.8.4 above

Appears in 1 contract

Sources: Contract for Services