Transfer of Responsibility on Expiry or Termination. 25.1 The Parties agree that if upon termination of this Contract or any part of the Service being provided under 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 paragraph 1 in Schedule 1 of this Contract so as to facilitate such outcome in relation to the relevant employees as may be acceptable to the Parties. 25.2 On termination (in whole or in part) or expiry of this Contract for any reason, the Contractor shall do its utmost to minimise disruption caused to Apprentices and to assist the implementation of any contingency plan proposed by the Department either prior to or after the termination of expiry of this Contract, to deal with the effects of such termination or expiry. The Contractor is required to ensure it performs its obligations to assist in the orderly transition of the Services from the Contractor to the Department and/or any Successor Contractor in the event of termination (including partial termination) or expiry of this Contract. This will include the transition of the Services to a follow-on contract with the same Contractor if applicable. In so far as it is practicable to do so the Department will not be liable for any costs incurred by the Contractor in complying with this Clause 25.2. 25.3 On expiry or termination of this Contract for any reason, the Contractor shall do its utmost to minimise any disruption to Apprentices and shall co-operate fully with any reasonable requests made by the Department relating to this. For the avoidance of doubt the Department will be entitled to request that where the Contractor cannot complete Apprentices that it will co-operate in transferring the Apprentices to a new provider even if this is prior to the termination or expiry of this Contract. The Department will not be liable for any costs prior to or after the Termination Date or Expiry Date incurred by the Contractor in complying with this Clause 25.3. 25.4 Three (3) months prior to the Expiry Date of this Contract (or where this Contract is terminated within the timescale notified by the Department, the Contractor will upon request: 25.4.1 provide for transfer to the Department and/or the Successor Contractor of all knowledge reasonably required for the provision of the Services which may, as appropriate, include information, records and documents including that relating to configuration of software; and 25.4.2 provide the Department and/or Successor Contractor with reasonable access to such members of the Contractor's or its Subcontractors' personnel as have been involved in the development, provision or management of the Services and who are still employed or engaged by the Contractor or its Subcontractors. 25.5 On termination or expiry of this Contract for any reason the Evidence Packs will become the property of the Department. The Contractor shall allow the Department their servants or agent to have access to its premises to remove Evidence Packs or otherwise comply with a request by the Department to transfer Evidence Packs to any third party nominated by the Department. 25.6 The Contractor shall, at no cost to the Department, promptly provide such assistance and comply with such timetable as the Department 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 Contractor shall use all reasonable endeavours to ensure that its employees and its Subcontractors are under a similar obligation. The Department shall be entitled to require the provision of such assistance both prior to and after the expiry or other termination of this Contract. 25.7 The Contractor will: 25.7.1 with respect to learning or training in progress, document the current status and stabilising for continuity during transition; 25.7.2 provide assistance and expertise as necessary to examine all governance and reports in place for the provision of the Services; 25.7.3 answer all reasonable questions from the Department and/or its Successor Contractor regarding the Services; 25.7.4 agree with the Department and/or the Successor Contractor a plan for the migration of the Department Data to the Department and/or the Successor Contractor. The Contractor will fully co-operate in the execution of the agreed plan, providing skills. 25.8 Such assistance may include, (without limitation) delivery of documents and data in the possession or control of the Contractor or its Subcontractors, which relate to performance, monitoring, management and reporting of the Programme, including the documents and data, if any, referred to in the Schedules. 25.9 The Contractor undertakes that it shall not knowingly do or omit to do anything which may adversely affect the ability of the Department to ensure an orderly transfer of responsibility for provision of the Services. 25.10 If the Contractor does not co-operate with the Department in relation to exit in accordance with this Clause 25 and the Department incurs additional expenditure of any description as a result, the Department reserves the right to require the Contractor to reimburse the Department for this additional expenditure. 25.11 The termination or expiry of this Contract shall be without prejudice to rights of either Party accrued prior to the Termination Date or Expiry Date and shall not affect the continuing rights of the Parties under any provision of the Contract that either expressly or by implication has effect after the Termination Date or the Expiry Date. 25.12 The Department reserves the right to retain Funding that would otherwise be paid to the Contractor prior to the Termination Date, and/or to demand repayment of Funding as relevant, in order to reconcile what has already been paid to the Contractor under Appendix 1 with the amount the Contractor is entitled to under this Contract (including the Funding Rules). 25.13 Where the Contract is terminated or expires, the Department may elect to take the role of Data Controller to secure and protect Apprentice Files, Apprentice Records and/or Evidence Packs, including e-portfolios until the Apprentice information can be transferred to a new Contractor, the Apprentice, or destroyed in accordance with defined retention periods. If the Department elects to assume this role, the Contractor shall co-operate fully to facilitate this.
Appears in 1 contract
Sources: Contract for Services
Transfer of Responsibility on Expiry or Termination.
25.1 26.1. The Parties agree that if upon termination of this Contract or any part of the Service being provided under 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 paragraph Paragraph 1 in Schedule 1 of this Contract so as to facilitate such outcome in relation to the relevant employees as may be acceptable to the Parties.facilitate
25.2 26.2. On termination (in whole or in part) or expiry of this Contract for any reason, the Contractor shall do its utmost to minimise disruption caused to Apprentices Learners and to assist the implementation of any contingency plan proposed by the Department either prior to or after the termination of expiry of this Contract, to deal with the effects of such termination or expiry. The Contractor is required to ensure it performs its obligations to assist in the orderly transition of the Services from the Contractor to the Department and/or any Successor Contractor in the event of termination (including partial termination) or expiry of this Contract. This will include the transition of the Services to a follow-on contract with the same Contractor if applicable. In so far as it is practicable to do so the Department will not be liable for any costs incurred by the Contractor in complying with this Clause 25.2.26.2.
25.3 26.3. On expiry or termination of this Contract for any reason, the Contractor shall do its utmost to minimise any disruption to Apprentices Learners and shall co-operate fully fully with any reasonable requests made by the Department relating to this. For the avoidance of doubt the Department will be entitled to request that where the Contractor cannot complete Apprentices Learners that it will co-operate in transferring the Apprentices Learners to a new provider even if this is prior to the termination or expiry of this Contract. The Department will not be liable for any costs prior to or after the Termination Date or Expiry Date incurred by the Contractor in complying with this Clause 25.3.26.3.
25.4 26.4. Three (3) months prior to the Expiry Date of this Contract (or where this Contract is terminated within the timescale notified by the Department, the Contractor will upon request:
25.4.1 26.4.1. provide for transfer to the Department and/or the Successor Contractor of all knowledge reasonably required for the provision of the Services which may, as appropriate, include information, records and documents including that relating to configuration of software; and
25.4.2 26.4.2. provide the Department and/or Successor Contractor with reasonable access to such members of the Contractor's or its Subcontractors' personnel as have been involved in the development, provision or management of the Services and who are still employed or engaged by the Contractor or its Subcontractors.
25.5 26.5. On termination or expiry of this Contract for any reason the Evidence Packs Learner Files will become the property of the Department. The Contractor shall allow the Department their servants or agent to have access to its premises to remove Evidence Packs Learner Files or otherwise comply with a request by the Department to transfer Evidence Packs Learner Files to any third party nominated by the Department.
25.6 26.6. The Contractor shall, at no cost to the Department, promptly provide such assistance and comply with such timetable as the Department 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 Contractor shall use all reasonable endeavours to ensure that its employees and its Subcontractors are under a similar obligation. The Department shall be entitled to require the provision of such assistance both prior to and after the expiry or other termination of this Contract.
25.7 The Contractor will:
25.7.1 with respect to learning or training in progress, document the current status and stabilising for continuity during transition;
25.7.2 provide assistance and expertise as necessary to examine all governance and reports in place for the provision of the Services;
25.7.3 answer all reasonable questions from the Department and/or its Successor Contractor regarding the Services;
25.7.4 agree with the Department and/or the Successor Contractor a plan for the migration of the Department Data to the Department and/or the Successor Contractor. The Contractor will fully co-operate in the execution of the agreed plan, providing skills.
25.8 Such assistance may include, (without limitation) delivery of documents and data in the possession or control of the Contractor or its Subcontractors, which relate to performance, monitoring, management and reporting of the Programme, including the documents and data, if any, referred to in the Schedules.
25.9 The Contractor undertakes that it shall not knowingly do or omit to do anything which may adversely affect the ability of the Department to ensure an orderly transfer of responsibility for provision of the Services.
25.10 If the Contractor does not co-operate with the Department in relation to exit in accordance with this Clause 25 and the Department incurs additional expenditure of any description as a result, the Department reserves the right to require the Contractor to reimburse the Department for this additional expenditure.
25.11 The termination or expiry of this Contract shall be without prejudice to rights of either Party accrued prior to the Termination Date or Expiry Date and shall not affect the continuing rights of the Parties under any provision of the Contract that either expressly or by implication has effect after the Termination Date or the Expiry Date.
25.12 The Department reserves the right to retain Funding that would otherwise be paid to the Contractor prior to the Termination Date, and/or to demand repayment of Funding as relevant, in order to reconcile what has already been paid to the Contractor under Appendix 1 with the amount the Contractor is entitled to under this Contract (including the Funding Rules).
25.13 Where the Contract is terminated or expires, the Department may elect to take the role of Data Controller to secure and protect Apprentice Files, Apprentice Records and/or Evidence Packs, including e-portfolios until the Apprentice information can be transferred to a new Contractor, the Apprentice, or destroyed in accordance with defined retention periods. If the Department elects to assume this role, the Contractor shall co-operate fully to facilitate this.for
Appears in 1 contract
Sources: Contract for Services
Transfer of Responsibility on Expiry or Termination.
25.1 The Parties agree that if upon termination of this Contract or any part of the Service being provided under 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 paragraph Clause 1 in Schedule 1 of this the Contract so as to facilitate such outcome in relation to the relevant employees as may be acceptable to the Parties.
25.2 On termination (in whole or in part) or expiry of this Contract for any reason, the Contractor shall do its utmost to minimise disruption caused to Apprentices and to assist the implementation of any contingency plan proposed by the Department ESFA either prior to or after the termination of expiry of this Contract, to deal with the effects of such termination or expiry. The Contractor is required to ensure it performs its obligations to assist in the orderly transition of the Services from the Contractor to the Department ESFA and/or any Successor Contractor in the event of termination (including partial termination) or expiry of this Contract. This will include the transition of the Services to a follow-on contract with the same Contractor if applicable. In so far as it is practicable to do so the Department ESFA will not be liable for any costs incurred by the Contractor in complying with this Clause 25.2.25.2.
25.3 On expiry or termination of this Contract for any reason, the Contractor shall do its utmost to minimise any disruption to Apprentices and shall co-operate fully fully with any reasonable requests made by the Department ESFA relating to this. For the avoidance of doubt the Department ESFA will be entitled to request that where the Contractor cannot complete Apprentices that it will co-operate in transferring the Apprentices to a new provider even if this is prior to the termination or expiry of this Contract. The Department ESFA will not be liable for any costs prior to or after the Termination Date or Expiry Date incurred by the Contractor in complying with this Clause clause 25.3.
25.4 Three (3) months prior to the Expiry Date of this the Contract (or where this the Contract is terminated within the timescale notified by the DepartmentESFA, the Contractor will upon request:
25.4.1 provide for transfer to the Department ESFA and/or the Successor Contractor of all knowledge reasonably required for the provision of the Services which may, as appropriate, include information, records and documents including that relating to configuration of software; and
25.4.2 provide the Department ESFA and/or Successor Contractor with reasonable access to such members of the Contractor's or its SubcontractorsSub-Contractors' personnel as have been involved in the development, provision or management of the Services and who are still employed or engaged by the Contractor or its SubcontractorsSub-Contractors.
25.5 On termination or expiry of this Contract for any reason the Evidence Packs Apprentice Files will become the property of the DepartmentESFA. The Contractor shall allow the Department their ESFA his servants or agent to have access to its premises Premises to remove Evidence Packs Apprentice Files or otherwise comply with a request by the Department ESFA to transfer Evidence Packs Apprentice Files to any third party nominated by the DepartmentESFA.
25.6 The Contractor shall, at no cost to the DepartmentESFA, promptly provide such assistance and comply with such timetable as the Department 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 Contractor shall use all reasonable endeavours to ensure that its employees and its Subcontractors Sub-Contractors are under a similar obligation. The Department ESFA shall be entitled to require the provision of such assistance both prior to and after the expiry or other termination of this Contract.
25.7 The Contractor will:
25.7.1 with respect to learning or training in progress, document the current status and stabilising for continuity during transition;
25.7.2 provide assistance and expertise as necessary to examine all governance and reports in place for the provision of the Services;
25.7.3 answer all reasonable questions from the Department ESFA and/or its Successor Contractor regarding the Services;
25.7.4 agree with the Department ESFA and/or the Successor Contractor a plan for the migration of the Department ESFA Data to the Department ESFA and/or the Successor Contractor. The Contractor will fully co-operate in the execution of the agreed plan, providing skills.
25.8 Such assistance may include, (without limitation) delivery of documents and data in the possession or control of the Contractor or its SubcontractorsSub-Contractors, which relate to performance, monitoring, management and reporting of the Programme, including the documents and data, if any, referred to in the Schedules.
25.9 The Contractor undertakes that it shall not knowingly do or omit to do anything which may adversely affect the ability of the Department ESFA to ensure an orderly transfer of responsibility for provision of the Services.
25.10 If the Contractor does not co-operate with the Department ESFA in relation to exit in accordance with this Clause 25 and the Department ESFA incurs additional expenditure of any description as a result, the Department ESFA reserves the right to require the Contractor to reimburse the Department ESFA for this additional expenditure.
25.11 The termination or expiry of this Contract shall be without prejudice to rights of either Party accrued prior to the Termination Date or Expiry Date and shall not affect the continuing rights of the Parties under any provision of the Contract that either expressly or by implication has effect after the Termination Date or the Expiry Date.
25.12 The Department ESFA reserves the right to retain Funding that would otherwise be paid to the Contractor prior to the Termination Date, and/or to demand repayment of Funding as relevant, in order to reconcile what has already been paid to the Contractor under Appendix 1 with the amount the Contractor is entitled to under this Contract (including the Funding Rules).
25.13 Where the Contract is terminated or expires, the Department ESFA may elect to take the role of Data Controller to secure and protect Apprentice Files, Apprentice Learner Records and/or Evidence Packs, including e-portfolios until the Apprentice information can be transferred to a new Contractor, the Apprentice, or destroyed in accordance with defined retention periods. If the Department ESFA elects to assume this role, the Contractor shall co-operate fully to facilitate this.this.
Appears in 1 contract
Sources: Hei Adult Contract for Services
Transfer of Responsibility on Expiry or Termination.
25.1 The Parties agree that if upon termination of this Contract or any part of the Service being provided under 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 paragraph Clause 1 in Schedule 1 of this the Contract so as to facilitate such outcome in relation to the relevant employees as may be acceptable to the Parties.
25.2 On termination (in whole or in part) or expiry of this Contract for any reason, the Contractor shall do its utmost to minimise disruption caused to Apprentices and to assist the implementation of any contingency plan proposed by the Department ESFA either prior to or after the termination of expiry of this Contract, to deal with the effects of such termination or expiry. The Contractor is required to ensure it performs its obligations to assist in the orderly transition of the Services from the Contractor to the Department ESFA and/or any Successor Contractor in the event of termination (including partial termination) or expiry of this Contract. This will include the transition of the Services to a follow-on contract with the same Contractor if applicable. In so far as it is practicable to do so the Department ESFA will not be liable for any costs incurred by the Contractor in complying with this Clause 25.2.25.2.
25.3 On expiry or termination of this Contract for any reason, the Contractor shall do its utmost to minimise any disruption to Apprentices and shall co-operate fully fully with any reasonable requests made by the Department ESFA relating to this. For the avoidance of doubt the Department ESFA will be entitled to request that where the Contractor cannot complete Apprentices that it will co-operate in transferring the Apprentices to a new provider even if this is prior to the termination or expiry of this Contract. The Department ESFA will not be liable for any costs prior to or after the Termination Date or Expiry Date incurred by the Contractor in complying with this Clause clause 25.3.
25.4 Three (3) months prior to the Expiry Date of this the Contract (or where this the Contract is terminated within the timescale notified by the DepartmentESFA, the Contractor will upon request:
25.4.1 provide for transfer to the Department ESFA and/or the Successor Contractor of all knowledge reasonably required for the provision of the Services which may, as appropriate, include information, records and documents including that relating to configuration of software; and
25.4.2 provide the Department ESFA and/or Successor Contractor with reasonable access to such members of the Contractor's or its SubcontractorsSub-Contractors' personnel as have been involved in the the, development, provision or management of the Services and who are still employed or engaged by the Contractor or its SubcontractorsSub-Contractors.
25.5 On termination or expiry of this Contract for any reason the Evidence Packs will become the property of the DepartmentESFA. The Contractor shall allow the Department their ESFA his servants or agent to have access to its premises to remove Evidence Packs or otherwise comply with a request by the Department ESFA to transfer Evidence Packs to any third party nominated by the DepartmentESFA.
25.6 The Contractor shall, at no cost to the DepartmentESFA, promptly provide such assistance and comply with such timetable as the Department 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 Contractor shall use all reasonable endeavours endeavors to ensure that its employees and its Subcontractors Sub-Contractors are under a similar obligation. The Department ESFA shall be entitled to require the provision of such assistance both prior to and after the expiry or other termination of this Contract.
25.7 The Contractor will:
25.7.1 with respect to learning or training in progress, document the current status and stabilising for continuity during transition;
25.7.2 provide assistance and expertise as necessary to examine all governance and reports in place for the provision of the Services;
25.7.3 answer all reasonable questions from the Department ESFA and/or its Successor Contractor regarding the Services;
25.7.4 agree with the Department ESFA and/or the Successor Contractor a plan for the migration of the Department ESFA Data to the Department ESFA and/or the Successor Contractor. The Contractor will fully co-operate in the execution of the agreed plan, providing skills.
25.8 Such assistance may include, (without limitation) delivery of documents and data in the possession or control of the Contractor or its SubcontractorsSub-Contractors, which relate to performance, monitoring, management and reporting of the Programme, including the documents and data, if any, referred to in the Schedules.
25.9 The Contractor undertakes that it shall not knowingly do or omit to do anything which may adversely affect the ability of the Department ESFA to ensure an orderly transfer of responsibility for provision of the Services.
25.10 If the Contractor does not co-operate with the Department ESFA in relation to exit in accordance with this Clause 25 and the Department ESFA incurs additional expenditure of any description as a result, the Department ESFA reserves the right to require the Contractor to reimburse the Department ESFA for this additional expenditure.
25.11 The termination or expiry of this Contract shall be without prejudice to rights of either Party accrued prior to the Termination Date or Expiry Date and shall not affect the continuing rights of the Parties under any provision of the Contract that either expressly or by implication has effect after the Termination Date or the Expiry Date.
25.12 The Department ESFA reserves the right to retain Funding that would otherwise be paid to the Contractor prior to the Termination Date, and/or to demand repayment of Funding as relevant, in order to reconcile what has already been paid to the Contractor under Appendix 1 with the amount the Contractor is entitled to under this Contract (including the Funding Rules).
25.13 Where the Contract is terminated or expires, the Department ESFA may elect to take the role of Data Controller to secure and protect Apprentice Files, Apprentice Records and/or Evidence Packs, including e-portfolios until the Apprentice information can be transferred to a new Contractor, the Apprentice, or destroyed in accordance with defined retention periods. If the Department ESFA elects to assume this role, the Contractor shall co-operate fully to facilitate this.this.
Appears in 1 contract
Sources: Contract for Services
Transfer of Responsibility on Expiry or Termination.
25.1 26.1. The Parties agree that if upon termination of this Contract or any part of the Service being provided under 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 paragraph Clause 1 in Schedule 1 of this the Contract so as to facilitate such outcome in relation to the relevant employees as may be acceptable to the Parties.
25.2 26.2. On termination (in whole or in part) or expiry of this Contract for any reason, the Contractor shall do its utmost to minimise disruption caused to Apprentices Learners and to assist the implementation of any contingency plan proposed by the Department ESFA either prior to or after the termination of expiry of this Contract, to deal with the effects of such termination or expiry. The Contractor is required to ensure it performs its obligations to assist in the orderly transition of the Services from the Contractor to the Department ESFA and/or any Successor Contractor in the event of termination (including partial termination) or expiry of this Contract. This will include the transition of the Services to a follow-on contract with the same Contractor if applicable. In so far as it is practicable to do so the Department ESFA will not be liable for any costs incurred by the Contractor in complying with this Clause 25.2.26.2.
25.3 26.3. On expiry or termination of this Contract for any reason, the Contractor shall do its utmost to minimise any disruption to Apprentices Learners and shall co-operate fully fully with any reasonable requests made by the Department ESFA relating to this. For the avoidance of doubt the Department ESFA will be entitled to request that where the Contractor cannot complete Apprentices Learners that it will co-operate in transferring the Apprentices Learners to a new provider even if this is prior to the termination or expiry of this Contract. The Department ESFA will not be liable for any costs prior to or after the Termination Date or Expiry Date incurred by the Contractor in complying with this Clause 25.3clause 26.3.
25.4 26.4. Three (3) months prior to the Expiry Date of this the Contract (or where this the Contract is terminated within the timescale notified by the DepartmentESFA, the Contractor will upon request:
25.4.1 26.4.1. provide for transfer to the Department ESFA and/or the Successor Contractor of all knowledge reasonably required for the provision of the Services which may, as appropriate, include information, records and documents including that relating to configuration of software; and
25.4.2 26.4.2. provide the Department ESFA and/or Successor Contractor with reasonable access to such members of the Contractor's or its SubcontractorsSub-Contractors' personnel as have been involved in the the, development, provision or management of the Services and who are still employed or engaged by the Contractor or its SubcontractorsSub-Contractors.
25.5 26.5. On termination or expiry of this Contract for any reason the Evidence Packs Learner Files will become the property of the DepartmentESFA. The Contractor shall allow the Department their ESFA his servants or agent to have access to its premises to remove Evidence Packs Learner Files or otherwise comply with a request by the Department ESFA to transfer Evidence Packs Learner Files to any third party nominated by the DepartmentESFA.
25.6 26.6. The Contractor shall, at no cost to the DepartmentESFA, promptly provide such assistance and comply with such timetable as the Department 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 Contractor shall use all reasonable endeavours endeavors to ensure that its employees and its Subcontractors Sub-Contractors are under a similar obligation. The Department ESFA shall be entitled to require the provision of such assistance both prior to and after the expiry or other termination of this Contract.
25.7 26.7. The Contractor will:
25.7.1 26.7.1. with respect to learning or training in progress, document the current status and stabilising for continuity during transition;
25.7.2 26.7.2. provide assistance and expertise as necessary to examine all governance and reports in place for the provision of the Services;
25.7.3 26.7.3. answer all reasonable questions from the Department ESFA and/or its Successor Contractor regarding the Services;
25.7.4 26.7.4. agree with the Department ESFA and/or the Successor Contractor a plan for the migration of the Department ESFA Data to the Department ESFA and/or the Successor Contractor. The Contractor will fully co-operate in the execution of the agreed plan, providing skills.
25.8 26.8. Such assistance may include, (without limitation) delivery of documents and data in the possession or control of the Contractor or its SubcontractorsSub-Contractors, which relate to performance, monitoring, management and reporting of the Learning Programme, including the documents and data, if any, referred to in the Schedules.
25.9 26.9. The Contractor undertakes that it shall not knowingly do or omit to do anything which may adversely affect the ability of the Department ESFA to ensure an orderly transfer of responsibility for provision of the Services.
25.10 26.10. If the Contractor does not co-operate with the Department ESFA in relation to exit in accordance with this Clause 25 26 and the Department ESFA incurs additional expenditure of any description as a result, the Department ESFA reserves the right to require the Contractor to reimburse the Department ESFA for this additional expenditure.
25.11 26.11. The termination or expiry of this Contract shall be without prejudice to rights of either Party accrued prior to the Termination Date or Expiry Date and shall not affect the continuing rights of the Parties under any provision of the Contract that either expressly or by implication has effect after the Termination Date or the Expiry Date.
25.12 26.12. The Department ESFA reserves the right to retain Funding that would otherwise be paid to the Contractor prior to the Termination Date, and/or to demand repayment of Funding as relevant, in order to reconcile what has already been paid to the Contractor under Appendix 1 with the amount the Contractor is entitled to under this Contract (including the Funding Rules).
25.13 26.13. Where the Contract is terminated or expires, the Department ESFA may elect to take the role of Data Controller to secure and protect Apprentice Learner Files, Apprentice Learner Records and/or Evidence Packs, including e-portfolios until the Apprentice Learner information can be transferred to a new Contractor, the ApprenticeLearner, or destroyed in accordance with defined retention periods. If the Department ESFA elects to assume this role, the Contractor shall co-operate fully to facilitate this.this.
Appears in 1 contract
Sources: Contract for Services
Transfer of Responsibility on Expiry or Termination.
25.1 The Parties agree that if upon termination of this Contract or any part of the Service being provided under 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 paragraph Clause 1 in Schedule 1 of this the Contract so as to facilitate such outcome in relation to the relevant employees as may be acceptable to the Parties.
25.2 On termination (in whole or in part) or expiry of this Contract for any reason, the Contractor shall do its utmost to minimise disruption caused to Apprentices and to assist the implementation of any contingency plan proposed by the Department either prior to or after the termination of expiry of this Contract, to deal with the effects of such termination or expiry. The Contractor is required to ensure it performs its obligations to assist in the orderly transition of the Services from the Contractor to the Department and/or any Successor Contractor in the event of termination (including partial termination) or expiry of this Contract. This will include the transition of the Services to a follow-on contract with the same Contractor if applicable. In so far as it is practicable to do so the Department will not be liable for any costs incurred by the Contractor in complying with this Clause 25.2.25.2.
25.3 On expiry or termination of this Contract for any reason, the Contractor shall do its utmost to minimise any disruption to Apprentices and shall co-operate fully fully with any reasonable requests made by the Department relating to this. For the avoidance of doubt the Department will be entitled to request that where the Contractor cannot complete Apprentices that it will co-operate in transferring the Apprentices to a new provider even if this is prior to the termination or expiry of this Contract. The Department will not be liable for any costs prior to or after the Termination Date or Expiry Date incurred by the Contractor in complying with this Clause clause 25.3.
25.4 Three (3) months prior to the Expiry Date of this the Contract (or where this the Contract is terminated within the timescale notified by the Department, the Contractor will upon request:
25.4.1 provide for transfer to the Department and/or the Successor Contractor of all knowledge reasonably required for the provision of the Services which may, as appropriate, include information, records and documents including that relating to configuration of software; and
25.4.2 provide the Department and/or Successor Contractor with reasonable access to such members of the Contractor's or its SubcontractorsSub-Contractors' personnel as have been involved in the the, development, provision or management of the Services and who are still employed or engaged by the Contractor or its SubcontractorsSub-Contractors.
25.5 On termination or expiry of this Contract for any reason the Evidence Packs will become the property of the Department. The Contractor shall allow the Department their servants or agent to have access to its premises to remove Evidence Packs or otherwise comply with a request by the Department to transfer Evidence Packs to any third party nominated by the Department.
25.6 The Contractor shall, at no cost to the Department, promptly provide such assistance and comply with such timetable as the Department 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 Contractor shall use all reasonable endeavours endeavors to ensure that its employees and its Subcontractors Sub-Contractors are under a similar obligation. The Department shall be entitled to require the provision of such assistance both prior to and after the expiry or other termination of this Contract.
25.7 The Contractor will:
25.7.1 with respect to learning or training in progress, document the current status and stabilising for continuity during transition;
25.7.2 provide assistance and expertise as necessary to examine all governance and reports in place for the provision of the Services;
25.7.3 answer all reasonable questions from the Department and/or its Successor Contractor regarding the Services;
25.7.4 agree with the Department and/or the Successor Contractor a plan for the migration of the Department Data to the Department and/or the Successor Contractor. The Contractor will fully co-operate in the execution of the agreed plan, providing skills.
25.8 Such assistance may include, (without limitation) delivery of documents and data in the possession or control of the Contractor or its SubcontractorsSub-Contractors, which relate to performance, monitoring, management and reporting of the Programme, including the documents and data, if any, referred to in the Schedules.
25.9 The Contractor undertakes that it shall not knowingly do or omit to do anything which may adversely affect the ability of the Department to ensure an orderly transfer of responsibility for provision of the Services.
25.10 If the Contractor does not co-operate with the Department in relation to exit in accordance with this Clause 25 and the Department incurs additional expenditure of any description as a result, the Department reserves the right to require the Contractor to reimburse the Department for this additional expenditure.
25.11 The termination or expiry of this Contract shall be without prejudice to rights of either Party accrued prior to the Termination Date or Expiry Date and shall not affect the continuing rights of the Parties under any provision of the Contract that either expressly or by implication has effect after the Termination Date or the Expiry Date.
25.12 The Department reserves the right to retain Funding that would otherwise be paid to the Contractor prior to the Termination Date, and/or to demand repayment of Funding as relevant, in order to reconcile what has already been paid to the Contractor under Appendix 1 with the amount the Contractor is entitled to under this Contract (including the Funding Rules).
25.13 Where the Contract is terminated or expires, the Department may elect to take the role of Data Controller to secure and protect Apprentice Files, Apprentice Records and/or Evidence Packs, including e-portfolios until the Apprentice information can be transferred to a new Contractor, the Apprentice, or destroyed in accordance with defined retention periods. If the Department elects to assume this role, the Contractor shall co-operate fully to facilitate this.this.
Appears in 1 contract
Sources: Contract for Services
Transfer of Responsibility on Expiry or Termination.
25.1 26.1. The Parties agree that if upon termination of this Contract or any part of the Service being provided under 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 paragraph Clause 1 in Schedule 1 of this the Contract so as to facilitate such outcome in relation to the relevant employees as may be acceptable to the Parties.
25.2 26.2. On termination (in whole or in part) or expiry of this Contract for any reason, the Contractor shall do its utmost to minimise disruption caused to Apprentices Learners and to assist the implementation of any contingency plan proposed by the Department ESFA either prior to or after the termination of expiry of this Contract, to deal with the effects of such termination or expiry. The Contractor is required to ensure it performs its obligations to assist in the orderly transition of the Services from the Contractor to the Department ESFA and/or any Successor Contractor in the event of termination (including partial termination) or expiry of this Contract. This will include the transition of the Services to a follow-on contract with the same Contractor if applicable. In so far as it is practicable to do so the Department ESFA will not be liable for any costs incurred by the Contractor in complying with this Clause 25.2.
25.3 On expiry or termination of this Contract for any reason, the Contractor shall do its utmost to minimise any disruption to Apprentices and shall co-operate fully with any reasonable requests made by the Department relating to this. For the avoidance of doubt the Department will be entitled to request that where the Contractor cannot complete Apprentices that it will co-operate in transferring the Apprentices to a new provider even if this is prior to the termination or expiry of this Contract. The Department will not be liable for any costs prior to or after the Termination Date or Expiry Date incurred by the Contractor in complying with this Clause 25.326.2.
25.4 26.3. Three (3) months prior to the Expiry Date of this the Contract (or where this the Contract is terminated within the timescale notified by the DepartmentESFA, the Contractor will upon request:
25.4.1 26.3.1. provide for transfer to the Department ESFA and/or the Successor Contractor of all knowledge reasonably required for the provision of the Services which may, as appropriate, include information, records and documents including that relating to configuration of software; and
25.4.2 26.3.2. provide the Department ESFA and/or Successor Contractor with reasonable access to such members of the Contractor's or its Subcontractorssub-contractors' personnel as have been involved in the the, development, provision or management of the Services and who are still employed or engaged by the Contractor or its Subcontractorssub-contractors.
25.5 26.4. On termination or expiry of this Contract for any reason the Evidence Packs Learner Files will become the property of the DepartmentESFA. The Contractor shall allow the Department their ESFA his servants or agent to have access to its premises to remove Evidence Packs Learner Files or otherwise comply with a request by the Department ESFA to transfer Evidence Packs Learner Files to any third party nominated by the DepartmentESFA.
25.6 26.5. The Contractor shall, at no cost to the DepartmentESFA, promptly provide such assistance and comply with such timetable as the Department 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 Contractor shall use all reasonable endeavours endeavors to ensure that its employees and its Subcontractors sub-contractors are under a similar obligation. The Department ESFA shall be entitled to require the provision of such assistance both prior to and after the expiry or other termination of this Contract.
25.7 26.6. The Contractor will:
25.7.1 26.6.1. with respect to learning or training in progress, document the current status and stabilising for continuity during transition;
25.7.2 26.6.2. provide assistance and expertise as necessary to examine all governance and reports in place for the provision of the Services;
25.7.3 26.6.3. answer all reasonable questions from the Department ESFA and/or its Successor Contractor regarding the Services;
25.7.4 26.6.4. agree with the Department ESFA and/or the Successor Contractor a plan for the migration of the Department ESFA Data to the Department ESFA and/or the Successor Contractor. The Contractor will fully co-operate in the execution of the agreed plan, providing skills.
25.8 26.7. Such assistance may include, (without limitation) delivery of documents and data in the possession or control of the Contractor or its Subcontractorssub-contractors, which relate to performance, monitoring, management and reporting of the Learning Programme, including the documents and data, if any, referred to in the Schedules.
25.9 26.8. The Contractor undertakes that it shall not knowingly do or omit to do anything which may adversely affect the ability of the Department ESFA to ensure an orderly transfer of responsibility for provision of the Services.
25.10 If the Contractor does not co-operate with the Department in relation to exit in accordance with this Clause 25 and the Department incurs additional expenditure of any description as a result, the Department reserves the right to require the Contractor to reimburse the Department for this additional expenditure.
25.11 The termination or expiry of this Contract shall be without prejudice to rights of either Party accrued prior to the Termination Date or Expiry Date and shall not affect the continuing rights of the Parties under any provision of the Contract that either expressly or by implication has effect after the Termination Date or the Expiry Date.
25.12 The Department reserves the right to retain Funding that would otherwise be paid to the Contractor prior to the Termination Date, and/or to demand repayment of Funding as relevant, in order to reconcile what has already been paid to the Contractor under Appendix 1 with the amount the Contractor is entitled to under this Contract (including the Funding Rules).
25.13 Where the Contract is terminated or expires, the Department may elect to take the role of Data Controller to secure and protect Apprentice Files, Apprentice Records and/or Evidence Packs, including e-portfolios until the Apprentice information can be transferred to a new Contractor, the Apprentice, or destroyed in accordance with defined retention periods. If the Department elects to assume this role, the Contractor shall co-operate fully to facilitate this.
Appears in 1 contract
Sources: Contract for Services