Common use of TRANSFER OF UNDERTAKING Clause in Contracts

TRANSFER OF UNDERTAKING. 46.1 The Parties recognise that the TUPE Regulations apply in respect of the award of the Contract and that for the purposes of those Regulations the undertaking concerned, or each relevant part of the undertaking, shall transfer to the Contractor on the Commencement of the Contract Period in respect of that undertaking or relevant part of the undertaking. 46.2 The Contractor shall indemnify the Authority against any claim made against the Authority at any time by any person currently or previously employed by the Authority or by the Contractor for breach of contract, loss of office, unfair dismissal, redundancy, loss of earnings or otherwise (and all damages, penalties, awards, legal costs, expenses and any other liabilities incurred by the Authority) resulting from any act or omission of the Contractor after the commencement of the Contract Period, except where such claim arises as a result of any breach of obligations (whether contractual, statutory, at common law or otherwise) by the Authority arising or accruing before the Commencement of the Contract Period. 46.3 The Contractor shall indemnify the Authority from and against any cost (including reasonable legal costs), claim, liability, demand, expense or other legal recourse arising out of or in connection with any claim by any person or any appropriate representative of that person relating to any failure by the Contractor to comply with the obligations of Regulation 13 of the TUPE Regulations. 46.4 The Contractor shall comply with the TUPE Regulations, all Codes of Practice, Statements of Practice and/or other relevant guidance on workforce matters relating to public sector service contracts and shall indemnify the Authority from and against any cost (including reasonable legal costs), claim, liability, demand, expense or other legal recourse arising out of or in connection with any claim by any person or any appropriate representative of that person relating to any failure by the Contractor to comply with the TUPE Regulations and/or any such relevant Code of Practice, Statement of Practice or other guidance.

Appears in 7 contracts

Sources: Fco Contract for Services, Contract for the Provision and Installation of a Mid Life Enhancement, Contract for the Provision of Services

TRANSFER OF UNDERTAKING. 46.1 45.1 The Parties recognise that the TUPE Regulations apply in respect of the award of the Contract and that for the purposes of those Regulations the undertaking concerned, or each relevant part of the undertaking, shall transfer to the Contractor on the Commencement of the Contract Period in respect of that undertaking or relevant part of the undertaking. 46.2 45.2 The Contractor shall indemnify the Authority against any claim made against the Authority at any time by any person currently or previously employed by the Authority or by the Contractor for breach of contract, loss of office, unfair dismissal, redundancy, loss of earnings or otherwise (and all damages, penalties, awards, legal costs, expenses and any other liabilities incurred by the Authority) resulting from any act or omission of the Contractor after the commencement of the Contract Period, except where such claim arises as a result of any breach of obligations (whether contractual, statutory, at common law or otherwise) by the Authority arising or accruing before the Commencement of the Contract Period. 46.3 45.3 The Contractor shall indemnify the Authority from and against any cost (including reasonable legal costs), claim, liability, demand, expense or other legal recourse arising out of or in connection with any claim by any person or any appropriate representative of that person relating to any failure by the Contractor to comply with the obligations of Regulation 13 of the TUPE Regulations. 46.4 45.4 The Contractor shall comply with the TUPE Regulations, all Codes of Practice, Statements of Practice and/or other relevant guidance on workforce matters relating to public sector service contracts and shall indemnify the Authority from and against any cost (including reasonable legal costs), claim, liability, demand, expense or other legal recourse arising out of or in connection with any claim by any person or any appropriate representative of that person relating to any failure by the Contractor to comply with the TUPE Regulations and/or any such relevant Code of Practice, Statement of Practice or other guidance.

Appears in 1 contract

Sources: Service Agreement

TRANSFER OF UNDERTAKING. 46.1 51.1. The Parties recognise that the TUPE Regulations apply in respect of the award of the Contract and that for the purposes of those Regulations the undertaking concerned, or each relevant part of the undertaking, shall transfer to the Contractor on the Commencement of the Contract Period in respect of that undertaking or relevant part of the undertaking. 46.2 51.2. The Contractor shall indemnify the Authority against any claim made against the Authority at any time by any person currently or previously employed by the Authority or by the Contractor for breach of contract, loss of office, unfair dismissal, redundancy, loss of earnings or otherwise (and all damages, penalties, awards, legal costs, expenses and any other liabilities incurred by the Authority) resulting from any act or omission of the Contractor after the commencement of the Contract Period, except where such claim arises as a result of any breach of obligations (whether contractual, statutory, at common law or otherwise) by the Authority arising or accruing before the Commencement of the Contract Period. 46.3 51.3. The Contractor shall indemnify the Authority from and against any cost (including reasonable legal costs), claim, liability, demand, expense or other legal recourse arising out of or in connection with any claim by any person or any appropriate representative of that person relating to any failure by the Contractor to comply with the obligations of Regulation 13 of the TUPE Regulations. 46.4 51.4. The Contractor shall comply with the TUPE Regulations, all Codes of Practice, Statements of Practice and/or other relevant guidance on workforce matters relating to public sector service contracts and shall indemnify the Authority from and against any cost (including reasonable legal costs), claim, liability, demand, expense or other legal recourse arising out of or in connection with any claim by any person or any appropriate representative of that person relating to any failure by the Contractor to comply with the TUPE Regulations and/or any such relevant Code of Practice, Statement of Practice or other guidance.person

Appears in 1 contract

Sources: Provision of Afghan Air Bridge Contract

TRANSFER OF UNDERTAKING. 46.1 42.1 The Parties recognise that the TUPE Regulations apply in respect of the award of the Contract and that for the purposes of those Regulations the undertaking concerned, or each relevant part of the undertaking, shall transfer to the Contractor on the Commencement of the Contract Period in respect of that undertaking or relevant part of the undertaking. 46.2 42.2 The Contractor shall indemnify the Authority against any claim made against the Authority at any time by any person currently or previously employed by the Authority or by the Contractor for breach of contract, loss of office, unfair dismissal, redundancy, loss of earnings or otherwise (and all damages, penalties, awards, legal costs, expenses and any other liabilities incurred by the Authority) resulting from any act or omission of the Contractor after the commencement of the Contract Period, except where such claim arises as a result of any breach of obligations (whether contractual, statutory, at common law or otherwise) by the Authority arising or accruing before the Commencement of the Contract Period. 46.3 42.3 The Contractor shall indemnify the Authority from and against any cost (including reasonable legal costs), claim, liability, demand, expense or other legal recourse arising out of or in connection with any claim by any person or any appropriate representative of that person relating to any failure by the Contractor to comply with the obligations of Regulation 13 of the TUPE Regulations. 46.4 42.4 The Contractor shall comply with the TUPE Regulations, all Codes of Practice, Statements of Practice and/or other relevant guidance on workforce matters relating to public sector service contracts and shall indemnify the Authority from and against any cost (including reasonable legal costs), claim, liability, demand, expense or other legal recourse arising out of or in connection with any claim by any person or any appropriate representative of that person relating to any failure by the Contractor to comply with the TUPE Regulations and/or any such relevant Code of Practice, Statement of Practice or other guidance.

Appears in 1 contract

Sources: Conference Facilities Agreement

TRANSFER OF UNDERTAKING. 46.1 45.1. The Parties recognise that the TUPE Regulations apply Estatuto de los Trabajadores applies in respect of the award of the Contract and that for the purposes of those Regulations the undertaking concerned, or each relevant part of the undertaking, shall transfer to the Contractor on the Commencement of the Contract Period in respect of that undertaking or relevant part of the undertaking. 46.2 45.2. The Contractor shall indemnify the Authority against any claim made against the Authority at any time by any person currently or previously employed by the Authority or by the Contractor for breach of contract, loss of office, unfair dismissal, redundancy, loss of earnings or otherwise (and all damages, penalties, awards, legal costs, expenses and any other liabilities incurred by the Authority) resulting from any act or omission of the Contractor after the commencement of the Contract Period, except where such claim arises as a result of any breach of obligations (whether contractual, statutory, at common law or otherwise) by the Authority arising or accruing before the Commencement of the Contract Period. 46.3 45.3. The Contractor shall indemnify the Authority from and against any cost (including reasonable legal costs), claim, liability, demand, expense or other legal recourse arising out of or in connection with any claim by any person or any appropriate representative of that person relating to any failure by the Contractor to comply with the obligations of Regulation 13 of the TUPE RegulationsEstatuto de los Trabajadores. 46.4 45.4. The Contractor shall comply with the TUPE Regulations, all Codes of Practice, Statements of Practice Estatuto de los Trabajadores and/or other relevant guidance on workforce matters relating to public sector service contracts obligations to inform and consult all relevant staff affected by a staff transfer and shall indemnify the Authority from and against any cost (including reasonable legal costs), claim, liability, demand, expense or other legal recourse arising out of or in connection with any claim by any person or any appropriate representative of that person relating to any failure by the Contractor to comply with the TUPE Regulations Estatuto de los Trabajadores and/or any such relevant Code of Practice, Statement of Practice or other guidance.

Appears in 1 contract

Sources: Cleaning Services Contract

TRANSFER OF UNDERTAKING. 46.1 46.1. The Parties recognise that local Acquired Rights Directive 2001/23/EC (implemented in Sweden via Employment Protection Act and the TUPE Regulations apply Co-Determination in the Workplace Act) legislation applies in respect of the award of the Contract and that for the purposes of those Regulations the undertaking concerned, or each relevant part of the undertaking, shall transfer to the Contractor on the Commencement of the Contract Period in respect of that undertaking or relevant part of the undertaking. 46.2 46.2. The Contractor shall indemnify the Authority against any claim made against the Authority at any time by any person currently or previously employed by the Authority or by the Contractor for breach of contract, loss of office, unfair dismissal, redundancy, loss of earnings or otherwise (and all damages, penalties, awards, legal costs, expenses and any other liabilities incurred by the Authority) resulting from any act or omission of the Contractor after the commencement of the Contract Period, except where such claim arises as a result of any breach of obligations (whether contractual, statutory, at common law or otherwise) by the Authority arising or accruing before the Commencement of the Contract Period. 46.3 46.3. The Contractor shall indemnify the Authority from and against any cost (including reasonable legal costs), claim, liability, demand, expense or other legal recourse arising out of or in connection with any claim by any person or any appropriate representative of that person relating to any failure by the Contractor to comply with the obligations of Regulation 13 of the TUPE Regulationsextant local Acquired Rights Directive 2001/23/EC legislation. 46.4 46.4. The Contractor shall comply with the TUPE Regulationsextant local Acquired Rights Directive 2001/23/EC legislation, all Codes of Practice, Statements of Practice and/or other relevant guidance on workforce matters relating to public sector service contracts and shall indemnify the Authority from and against any cost (including reasonable legal costs), claim, liability, demand, expense or other legal recourse arising out of or in connection with any claim by any person or any appropriate representative of that person relating to any failure by the Contractor to comply with the TUPE Regulations such extant legislation and/or any such relevant Code of Practice, Statement of Practice or other guidance.

Appears in 1 contract

Sources: Provision of Security Guarding Services Agreement