Clause 11. 3, shall not apply to the costs of defending any employment or personal injury related claim (including legal costs) and the costs of any fines, damages, compensation or interest (including legal costs) associated with or relating to any such claims where the claim or part of the claim arose or relates to the actions or inactions of an Authority prior to the Transfer Date. In cases where the claim arose or relates wholly to a time prior to Transfer Date all such costs will be met by the former employing Authority at that time. Where a claim arose or relates partly to a time before and a time after Transfer Date, liability will be apportioned between the former employing Authority prior to the Transfer Date and the budget of the MKS [ ] Shared Service in such proportions as the Authorities agree to be appropriate. Where any costs are incurred by an Authority which it was not reasonably necessary to incur then such costs shall not be shared but shall be borne by the Authority which incurred them.
Appears in 3 contracts
Samples: Collaboration Agreement, Collaboration Agreement, MKS Model Shared Service Collaboration Agreement
