Common use of CONSEQUENCES OF TERMINATION AND EXPIRY Clause in Contracts

CONSEQUENCES OF TERMINATION AND EXPIRY. 33.1 Notice of termination of the Agreement under Clause 32 will result in the College being removed from the Apprenticeship Provider Assessment Register. 33.2 The College must not recruit new Learners, including Learners that have transferred from another provider, after notice of termination of the Agreement has been given. The Department will not be liable to make payments in respect of any Learners recruited in breach of this clause. 33.3 The Department reserves the right to retain Funding that would otherwise be paid to the College prior to the Expiry Date or Termination Date and/or to demand repayment of Funding, as relevant, in order to reconcile what has already been paid to the College under Schedule 3 (Payments) with the amount the College is entitled to under this Agreement (including the Funding Rules). 33.4 On or before the Expiry Date (except where the College will be responsible for delivering the Services in the subsequent Funding Year) or Termination Date, the College must (at its own cost) ensure that all Learner files, documents and computer records in its and a Sub- Contractor’s possession, custody or control (including but not limited to e-portfolios) which contain information relating to the Services are transferred to the Department upon request. 33.5 For the avoidance of doubt, after notice of termination and/or an Insolvency Event affecting the College, the College must not share any information about Learners, including but not limited to Department Data, with another organisation unless the Department provides written authorisation for the College to do so. In addition, the College shall not recruit Learners from another college that has been issued with a notice of termination and/or in relation to whom an Insolvency Event has occurred, without the permission of the Department. 33.6 The College hereby grants the Department a non-exclusive licence to access the College’s Premises from the date of a notice of termination for such periods as may be reasonably necessary to enable the Department to retrieve the information referred to in Clause 33.4. The Department will exercise the rights provided under this clause where the College has failed to comply with Clause 33.4 and the obligations set out in Schedule 6 (Exit Arrangements). 33.7 The termination or expiry of this Agreement 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 Agreement that either expressly or by implication has effect after the Termination Date or the Expiry Date. 33.8 For the avoidance of doubt, the termination of this Agreement howsoever arising shall not entitle the College to any compensation. 33.9 Where this Agreement is terminated or expires, the Department may elect to take the role of Data Controller to secure and protect Learner Files, Learner Records and/or Evidence Packs, including e-portfolios until the Learner information can be transferred to a new provider, the Learner, or destroyed in accordance with defined retention periods. If the Department elects to assume this role, the College shall co-operate fully to facilitate this.

CONSEQUENCES OF TERMINATION AND EXPIRY. 33.1 34.1 Notice of termination of the Agreement under Clause 32 33 will result in the College Provider being removed from the Apprenticeship Provider and Assessment Register. 33.2 34.2 The College Provider must not recruit new Learners, including Learners that have transferred from another provider, after notice of termination of the Agreement has been given. The Department will not be liable to make payments in respect of any Learners recruited in breach of this clause. 33.3 34.3 The Department reserves the right to retain Funding that would otherwise be paid to the College Provider prior to the Expiry Date or Termination Date and/or to demand repayment of Funding, as relevant, in order to reconcile what has already been paid to the College Provider under Schedule 3 (PaymentsPayment) with the amount the College Provider is entitled to under this Agreement (including the Funding Rules). 33.4 34.4 On or before the Expiry Date (except where the College Provider will be responsible for delivering the Services in the subsequent Funding Year) or Termination Date, the College Provider must (at its own cost) ensure that all Learner files, documents and computer records in its and a Sub- ContractorSubcontractor’s possession, custody or control (including but not limited to e-portfolios) which contain information relating to the Services are transferred to the Department upon request.limited‌ 33.5 34.5 For the avoidance of doubt, after notice of termination and/or an Insolvency Event affecting the CollegeProvider, the College Provider must not share any information about Learners, including but not limited to Department Data, with another organisation unless the Department provides written authorisation for the College Provider to do so. In addition, the College Provider shall not recruit Learners from another college provider that has been issued with a notice of termination and/or in relation to whom an Insolvency Event has occurred, without the permission of the Department. 33.6 34.6 The College Provider hereby grants the Department a non-exclusive licence to access the CollegeProvider’s Premises from the date of a notice of termination for such periods as may be reasonably necessary to enable the Department to retrieve the information referred to in Clause 33.4. The Department will exercise the rights provided under this clause where the College has failed to comply with Clause 33.4 and the obligations set out in Schedule 6 (Exit Arrangements)34. 33.7 The termination or expiry of this Agreement 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 Agreement that either expressly or by implication has effect after the Termination Date or the Expiry Date. 33.8 For the avoidance of doubt, the termination of this Agreement howsoever arising shall not entitle the College to any compensation. 33.9 Where this Agreement is terminated or expires, the Department may elect to take the role of Data Controller to secure and protect Learner Files, Learner Records and/or Evidence Packs, including e-portfolios until the Learner information can be transferred to a new provider, the Learner, or destroyed in accordance with defined retention periods. If the Department elects to assume this role, the College shall co-operate fully to facilitate this.

CONSEQUENCES OF TERMINATION AND EXPIRY. 33.1 41.1 Notice of termination of the Agreement Contract under Clause 32 40 will result in the College Contractor being removed from the Apprenticeship Provider Assessment Register. 33.2 41.2 The College Contractor must not recruit new Learners, including Learners that have transferred from another provider, after notice of termination of the Agreement Contract has been given. The Department will not be liable to make payments in respect of any Learners recruited in breach of this clause. 33.3 41.3 The Department reserves the right to retain Funding that would otherwise be paid to the College Contractor prior to the Expiry Date or Termination Date and/or to demand repayment of Funding, as relevant, in order to reconcile what has already been paid to the College Contractor under Schedule 3 2 (Payments) with the amount the College Contractor is entitled to under this Agreement Contract (including the Funding Rules). 33.4 41.4 On or before the Expiry Date (except where the College Contractor will be responsible for delivering the Services in the subsequent Funding Year) or Termination Date, the College Contractor must (at its own cost) ensure that all Learner files, documents and computer records in its and a Sub- Contractor’s 's possession, custody or control (including but not limited to e-e- portfolios) which contain information relating to the Services are transferred to the Department upon request. 33.5 41.5 For the avoidance of doubt, after notice of termination and/or an Insolvency Event affecting the CollegeContractor, the College Contractor must not share any information about Learners, including but not limited to Department Data, with another organisation unless the Department provides written authorisation for the College Contractor to do so. In addition, the College Contractor shall not recruit Learners from another college contractor that has been issued with a notice of termination and/or in relation to whom an Insolvency Event has occurred, without the permission of the Department. 33.6 41.6 The College Contractor hereby grants the Department a non-exclusive licence to access the CollegeContractor’s Premises from the date of a notice of termination for such periods as may be reasonably necessary to enable the Department to retrieve the information referred to in Clause 33.4. The Department will exercise the rights provided under this clause where the College has failed to comply with Clause 33.4 and the obligations set out in Schedule 6 (Exit Arrangements)41. 33.7 The termination or expiry of this Agreement 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 Agreement that either expressly or by implication has effect after the Termination Date or the Expiry Date. 33.8 For the avoidance of doubt, the termination of this Agreement howsoever arising shall not entitle the College to any compensation. 33.9 Where this Agreement is terminated or expires, the Department may elect to take the role of Data Controller to secure and protect Learner Files, Learner Records and/or Evidence Packs, including e-portfolios until the Learner information can be transferred to a new provider, the Learner, or destroyed in accordance with defined retention periods. If the Department elects to assume this role, the College shall co-operate fully to facilitate this.

CONSEQUENCES OF TERMINATION AND EXPIRY. ‌ 33.1 Notice of termination of the Agreement under Clause 32 will result in the College being removed from the Apprenticeship Provider and Assessment Register. 33.2 The College must not recruit new Learners, including Learners that have transferred from another provider, after notice of termination of the Agreement has been given. The Department will not be liable to make payments in respect of any Learners recruited in breach of this clause. 33.3 The Department reserves the right to retain Funding that would otherwise be paid to the College prior to the Expiry Date or Termination Date and/or to demand repayment of Funding, as relevant, in order to reconcile what has already been paid to the College under Schedule 3 (PaymentsPayment) with the amount the College is entitled to under this Agreement (including the Funding Rules). 33.4 On or before the Expiry Date (except where the College will be responsible for delivering the Services in the subsequent Funding Year) or Termination Date, the College must (at its own cost) ensure that all Learner files, documents and computer records in its and a Sub- ContractorSubcontractor’s possession, custody or control (including but not limited to e-portfolios) which contain information relating to the Services are transferred to the Department upon request.request.‌ 33.5 For the avoidance of doubt, after notice of termination and/or an Insolvency Event affecting the College, the College must not share any information about Learners, including but not limited to Department Data, with another organisation unless the Department provides written authorisation for the College to do so. In addition, the College shall not recruit Learners from another college that has been issued with a notice of termination and/or in relation to whom an Insolvency Event has occurred, without the permission of the Department. 33.6 The College hereby grants the Department a non-exclusive licence to access the College’s Premises from the date of a notice of termination for such periods as may be reasonably necessary to enable the Department to retrieve the information referred to in Clause 33.4. The Department will exercise the rights provided under this clause where the College has failed to comply with Clause 33.4 and the obligations set out in Schedule 6 (Exit Arrangements). 33.7 The termination or expiry of this Agreement 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 Agreement that either expressly or by implication has effect after the Termination Date or the Expiry Date. 33.8 For the avoidance of doubt, the termination of this Agreement howsoever arising shall not entitle the College to any compensation. 33.9 Where this Agreement is terminated or expires, the Department may elect to take the role of Data Controller to secure and protect Learner Files, Learner Records and/or Evidence Packs, including e-portfolios until the Learner information can be transferred to a new provider, the Learner, or destroyed in accordance with defined retention periods. If the Department elects to assume this role, the College shall co-operate fully to facilitate this.this.‌

CONSEQUENCES OF TERMINATION AND EXPIRY. 33.1 36.1 Notice of termination of the Agreement under Clause 32 35 will result in the College Provider being removed from the Apprenticeship Provider Assessment Register. 33.2 36.2 The College Provider must not recruit new Learners, including Learners that have transferred from another provider, after notice of termination of the Agreement has been given. The Department will not be liable to make payments in respect of any Learners recruited in breach of this clause. 33.3 36.3 The Department reserves the right to retain Funding that would otherwise be paid to the College Provider prior to the Expiry Date or Termination Date and/or to demand repayment of Funding, as relevant, in order to reconcile what has already been paid to the College Provider under Schedule 3 2 (Payments) with the amount the College Provider is entitled to under this Agreement (including the Funding Rules). 33.4 36.4 On or before the Expiry Date (except where the College Provider will be responsible for delivering the Services in the subsequent Funding Year) or Termination Date, the College Provider must (at its own cost) ensure that all Learner files, documents and computer records in its and a Sub- Contractor’s possession, custody or control (including but not limited to e-e- portfolios) which contain information relating to the Services are transferred to the Department upon request. 33.5 36.5 For the avoidance of doubt, after notice of termination and/or an Insolvency Event affecting the CollegeProvider, the College Provider must not share any information about Learners, including but not limited to Department Data, with another organisation unless the Department provides written authorisation for the College Provider to do so. In addition, the College Provider shall not recruit Learners from another college provider that has been issued with a notice of termination and/or in relation to whom an Insolvency Event has occurred, without the permission of the Department. 33.6 36.6 The College Provider hereby grants the Department a non-exclusive licence to access the CollegeProvider’s Premises from the date of a notice of termination for such periods as may be reasonably necessary to enable the Department to retrieve the information referred to in Clause 33.4. The Department will exercise the rights provided under this clause where the College has failed to comply with Clause 33.4 and the obligations set out in Schedule 6 (Exit Arrangements)36. 33.7 The termination or expiry of this Agreement 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 Agreement that either expressly or by implication has effect after the Termination Date or the Expiry Date. 33.8 For the avoidance of doubt, the termination of this Agreement howsoever arising shall not entitle the College to any compensation. 33.9 Where this Agreement is terminated or expires, the Department may elect to take the role of Data Controller to secure and protect Learner Files, Learner Records and/or Evidence Packs, including e-portfolios until the Learner information can be transferred to a new provider, the Learner, or destroyed in accordance with defined retention periods. If the Department elects to assume this role, the College shall co-operate fully to facilitate this.

CONSEQUENCES OF TERMINATION AND EXPIRY. 33.1 36.1 Notice of termination of the Agreement under Clause 32 35 will result in the College Provider being removed from the Apprenticeship Provider Assessment Register. 33.2 36.2 The College Provider must not recruit new Learners, including Learners that have transferred from another provider, after notice of termination of the Agreement has been given. The Department will not be liable to make payments in respect of any Learners recruited in breach of this clause. 33.3 36.3 The Department reserves the right to retain Funding that would otherwise be paid to the College Provider prior to the Expiry Date or Termination Date and/or to demand repayment of Funding, as relevant, in order to reconcile what has already been paid to the College Provider under Schedule 3 2 (Payments) with the amount the College Provider is entitled to under this Agreement (including the Funding Rules). 33.4 36.4 On or before the Expiry Date (except where the College Provider will be responsible for delivering the Services in the subsequent Funding Year) or Termination Date, the College Provider must (at its own cost) ensure that all Learner files, documents and computer records in its and a Sub- Contractor’s possession, custody or control (including but not limited to e-portfolios) which contain information relating to the Services are transferred to the Department upon request.e- 33.5 36.5 For the avoidance of doubt, after notice of termination and/or an Insolvency Event affecting the CollegeProvider, the College Provider must not share any information about Learners, including but not limited to Department Data, with another organisation unless the Department provides written authorisation for the College Provider to do so. In addition, the College Provider shall not recruit Learners from another college provider that has been issued with a notice of termination and/or in relation to whom an Insolvency Event has occurred, without the permission of the Department. 33.6 36.6 The College Provider hereby grants the Department a non-exclusive licence to access the CollegeProvider’s Premises from the date of a notice of termination for such periods as may be reasonably necessary to enable the Department to retrieve the information referred to in Clause 33.4. The Department will exercise the rights provided under this clause where the College has failed to comply with Clause 33.4 and the obligations set out in Schedule 6 (Exit Arrangements)36. 33.7 The termination or expiry of this Agreement 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 Agreement that either expressly or by implication has effect after the Termination Date or the Expiry Date. 33.8 For the avoidance of doubt, the termination of this Agreement howsoever arising shall not entitle the College to any compensation. 33.9 Where this Agreement is terminated or expires, the Department may elect to take the role of Data Controller to secure and protect Learner Files, Learner Records and/or Evidence Packs, including e-portfolios until the Learner information can be transferred to a new provider, the Learner, or destroyed in accordance with defined retention periods. If the Department elects to assume this role, the College shall co-operate fully to facilitate this.

CONSEQUENCES OF TERMINATION AND EXPIRY. 33.1 ‌ 40.1 Notice of termination of the Agreement Contract under Clause 32 39 will result in the College Contractor being removed from the Apprenticeship Provider and Assessment Register. 33.2 40.2 The College Contractor must not recruit new Learners, including Learners that have transferred from another provider, after notice of termination of the Agreement Contract has been given. The Department will not be liable to make payments in respect of any Learners recruited in breach of this clause. 33.3 40.3 The Department reserves the right to retain Funding that would otherwise be paid to the College Contractor prior to the Expiry Date or Termination Date and/or to demand repayment of Funding, as relevant, in order to reconcile what has already been paid to the College Contractor under Schedule 3 (PaymentsPayment) with the amount the College Contractor is entitled to under this Agreement Contract (including the Funding Rules). 33.4 40.4 On or before the Expiry Date (except where the College Contractor will be responsible for delivering the Services in the subsequent Funding Year) or Termination Date, the College Contractor must (at its own cost) ensure that all Learner files, documents and computer records in its and a Sub- Contractor’s Sub contractor's possession, custody or control (including but not limited to e-e- portfolios) which contain information relating to the Services are transferred to the Department upon request.request.‌ 33.5 40.5 For the avoidance of doubt, after notice of termination and/or an Insolvency Event affecting the CollegeContractor, the College Contractor must not share any information about Learners, including but not limited to Department Data, with another organisation unless the Department provides written authorisation for the College Contractor to do so. In addition, the College Contractor shall not recruit Learners from another college contractor that has been issued with a notice of termination and/or in relation to whom an Insolvency Event has occurred, without the permission of the Department. 33.6 40.6 The College Contractor hereby grants the Department a non-exclusive licence to access the CollegeContractor’s Premises from the date of a notice of termination for such periods as may be reasonably necessary to enable the Department to retrieve the information referred to in Clause 33.4. The Department will exercise the rights provided under this clause where the College has failed to comply with Clause 33.4 and the obligations set out in Schedule 6 (Exit Arrangements).the 33.7 40.7 The termination or expiry of this Agreement 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 Agreement Contract that either expressly or by implication has effect after the Termination Date or the Expiry Date. 33.8 40.8 For the avoidance of doubt, the termination of this Agreement Contract howsoever arising shall not entitle the College Contractor to any compensation. 33.9 40.9 Where this Agreement Contract is terminated or expires, the Department may elect to take the role of Data Controller to secure and protect Learner Files, Learner Records and/or Evidence Packs, including e-portfolios until the Learner information can be transferred to a new providerContractor, the Learner, or destroyed in accordance with defined retention periods. If the Department elects to assume this role, the College Contractor shall co-operate fully to facilitate this.this.‌

CONSEQUENCES OF TERMINATION AND EXPIRY. 33.1 ‌ 41.1 Notice of termination of the Agreement Contract under Clause 32 40 will result in the College Contractor being removed from the Apprenticeship Provider and Assessment Register. 33.2 41.2 The College Contractor must not recruit new Learners, including Learners that have transferred from another provider, after notice of termination of the Agreement Contract has been given. The Department will not be liable to make payments in respect of any Learners recruited in breach of this clause. 33.3 41.3 The Department reserves the right to retain Funding that would otherwise be paid to the College Contractor prior to the Expiry Date or Termination Date and/or to demand repayment of Funding, as relevant, in order to reconcile what has already been paid to the College Contractor under Schedule 3 (PaymentsPayment) with the amount the College Contractor is entitled to under this Agreement Contract (including the Funding Rules). 33.4 41.4 On or before the Expiry Date (except where the College Contractor will be responsible for delivering the Services in the subsequent Funding Year) or Termination Date, the College Contractor must (at its own cost) ensure that all Learner files, documents and computer records in its and a Sub- Contractor’s Sub contractor's possession, custody or control (including but not limited to e-portfolios) which contain information relating to the Services are transferred to the Department upon request.e-‌ 33.5 41.5 For the avoidance of doubt, after notice of termination and/or an Insolvency Event affecting the CollegeContractor, the College Contractor must not share any information about Learners, including but not limited to Department Data, with another organisation unless the Department provides written authorisation for the College Contractor to do so. In addition, the College Contractor shall not recruit Learners from another college contractor that has been issued with a notice of termination and/or in relation to whom an Insolvency Event has occurred, without the permission of the Department. 33.6 41.6 The College Contractor hereby grants the Department a non-exclusive licence to access the CollegeContractor’s Premises from the date of a notice of termination for such periods as may be reasonably necessary to enable the Department to retrieve the information referred to in Clause 33.4. The Department will exercise the rights provided under this clause where the College has failed to comply with Clause 33.4 and the obligations set out in Schedule 6 (Exit Arrangements)41. 33.7 The termination or expiry of this Agreement 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 Agreement that either expressly or by implication has effect after the Termination Date or the Expiry Date. 33.8 For the avoidance of doubt, the termination of this Agreement howsoever arising shall not entitle the College to any compensation. 33.9 Where this Agreement is terminated or expires, the Department may elect to take the role of Data Controller to secure and protect Learner Files, Learner Records and/or Evidence Packs, including e-portfolios until the Learner information can be transferred to a new provider, the Learner, or destroyed in accordance with defined retention periods. If the Department elects to assume this role, the College shall co-operate fully to facilitate this.

CONSEQUENCES OF TERMINATION AND EXPIRY. 33.1 36.1 Notice of termination of the Agreement under Clause 32 35 will result in the College Employer being removed from the Apprenticeship Provider Assessment Register. 33.2 36.2 The College Employer must not recruit new Learners, including Learners that have transferred from another provider, after notice of termination of the Agreement has been given. The Department will not be liable to make payments in respect of any Learners recruited in breach of this clause. 33.3 36.3 The Department reserves the right to retain Funding that would otherwise be paid to the College Employer prior to the Expiry Date or Termination Date and/or to demand repayment of Funding, as relevant, in order to reconcile what has already been paid to the College Employer under Schedule 3 2 (Payments) with the amount the College Employer is entitled to under this Agreement (including the Funding Rules). 33.4 36.4 On or before the Expiry Date (except where the College Employer will be responsible for delivering the Services in the subsequent Funding Year) or Termination Date, the College must (at its own cost) ensure that all Learner files, documents and computer records in its and a Sub- Contractor’s possession, custody or control (including but not limited to e-portfolios) which contain information relating to the Services are transferred to the Department upon request.) 33.5 36.5 For the avoidance of doubt, after notice of termination and/or an Insolvency Event affecting the CollegeEmployer, the College Employer must not share any information about Learners, including but not limited to Department Data, with another organisation unless the Department provides written authorisation for the College Employer to do so. In addition, the College Employer shall not recruit Learners from another college Employer that has been issued with a notice of termination and/or in relation to whom an Insolvency Event has occurred, without the permission of the Department. 33.6 36.6 The College Employer hereby grants the Department a non-exclusive licence to access the CollegeEmployer’s Premises from the date of a notice of termination for such periods as may be reasonably necessary to enable the Department to retrieve the information referred to in Clause 33.4. The Department will exercise the rights provided under this clause where the College has failed to comply with Clause 33.4 and the obligations set out in Schedule 6 (Exit Arrangements)36. 33.7 The termination or expiry of this Agreement 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 Agreement that either expressly or by implication has effect after the Termination Date or the Expiry Date. 33.8 For the avoidance of doubt, the termination of this Agreement howsoever arising shall not entitle the College to any compensation. 33.9 Where this Agreement is terminated or expires, the Department may elect to take the role of Data Controller to secure and protect Learner Files, Learner Records and/or Evidence Packs, including e-portfolios until the Learner information can be transferred to a new provider, the Learner, or destroyed in accordance with defined retention periods. If the Department elects to assume this role, the College shall co-operate fully to facilitate this.

CONSEQUENCES OF TERMINATION AND EXPIRY. 33.1 Notice of termination of the Agreement under Clause 32 will result in the College being removed from the Apprenticeship Provider and Assessment Register. 33.2 The College must not recruit new Learners, including Learners that have transferred from another provider, after notice of termination of the Agreement has been given. The Department will not be liable to make payments in respect of any Learners recruited in breach of this clause. 33.3 The Department reserves the right to retain Funding that would otherwise be paid to the College prior to the Expiry Date or Termination Date and/or to demand repayment of Funding, as relevant, in order to reconcile what has already been paid to the College under Schedule 3 (PaymentsPayment) with the amount the College is entitled to under this Agreement (including the Funding Rules). 33.4 On or before the Expiry Date (except where the College will be responsible for delivering the Services in the subsequent Funding Year) or Termination Date, the College must (at its own cost) ensure that all Learner files, documents and computer records in its and a Sub- ContractorSubcontractor’s possession, custody or control (including but not limited to e-portfolios) which contain information relating to the Services are transferred to the Department upon request.request.‌ 33.5 For the avoidance of doubt, after notice of termination and/or an Insolvency Event affecting the College, the College must not share any information about Learners, including but not limited to Department Data, with another organisation unless the Department provides written authorisation for the College to do so. In addition, the College shall not recruit Learners from another college that has been issued with a notice of termination and/or in relation to whom an Insolvency Event has occurred, without the permission of the Department. 33.6 The College hereby grants the Department a non-exclusive licence to access the College’s Premises from the date of a notice of termination for such periods as may be reasonably necessary to enable the Department to retrieve the information referred to in Clause 33.4. The Department will exercise the rights provided under this clause where the College has failed to comply with Clause 33.4 and the obligations set out in Schedule 6 (Exit Arrangements).for 33.7 The termination or expiry of this Agreement 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 Agreement that either expressly or by implication has effect after the Termination Date or the Expiry Date. 33.8 For the avoidance of doubt, the termination of this Agreement howsoever arising shall not entitle the College to any compensation. 33.9 Where this Agreement is terminated or expires, the Department may elect to take the role of Data Controller to secure and protect Learner Files, Learner Records and/or Evidence Packs, including e-portfolios until the Learner information can be transferred to a new provider, the Learner, or destroyed in accordance with defined retention periods. If the Department elects to assume this role, the College shall co-operate fully to facilitate this.this.‌‌‌

CONSEQUENCES OF TERMINATION AND EXPIRY. 33.1 34.1 Notice of termination of the Agreement under Clause 32 33 will result in the College Provider being removed from the Apprenticeship Provider and Assessment Register. 33.2 34.2 The College Provider must not recruit new Learners, including Learners that have transferred from another provider, after notice of termination of the Agreement has been given. The Department will not be liable to make payments in respect of any Learners recruited in breach of this clause. 33.3 34.3 The Department reserves the right to retain Funding that would otherwise be paid to the College Provider prior to the Expiry Date or Termination Date and/or to demand repayment of Funding, as relevant, in order to reconcile what has already been paid to the College Provider under Schedule 3 (PaymentsPayment) with the amount the College Provider is entitled to under this Agreement (including the Funding Rules). 33.4 34.4 On or before the Expiry Date (except where the College Provider will be responsible for delivering the Services in the subsequent Funding Year) or Termination Date, the College Provider must (at its own cost) ensure that all Learner files, documents and computer records in its and a Sub- ContractorSubcontractor’s possession, custody or control (including but not limited to e-portfolios) which contain information relating to the Services are transferred to the Department upon request.request.‌ 33.5 34.5 For the avoidance of doubt, after notice of termination and/or an Insolvency Event affecting the CollegeProvider, the College Provider must not share any information about Learners, including but not limited to Department Data, with another organisation unless the Department provides written authorisation for the College Provider to do so. In addition, the College Provider shall not recruit Learners from another college provider that has been issued with a notice of termination and/or in relation to whom an Insolvency Event has occurred, without the permission of the Department. 33.6 34.6 The College Provider hereby grants the Department a non-exclusive licence to access the CollegeProvider’s Premises from the date of a notice of termination for such periods as may be reasonably necessary to enable the Department to retrieve the information referred to in Clause 33.4. The Department will exercise the rights provided under this clause where the College has failed to comply with Clause 33.4 and the obligations set out in Schedule 6 (Exit Arrangements). 33.7 The termination or expiry of this Agreement 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 Agreement that either expressly or by implication has effect after the Termination Date or the Expiry Date. 33.8 For the avoidance of doubt, the termination of this Agreement howsoever arising shall not entitle the College to any compensation. 33.9 Where this Agreement is terminated or expires, the Department may elect to take the role of Data Controller to secure and protect Learner Files, Learner Records and/or Evidence Packs, including e-portfolios until the Learner information can be transferred to a new provider, the Learner, or destroyed in accordance with defined retention periods. If the Department elects to assume this role, the College shall co-operate fully to facilitate this.termination