Common use of Disengagement Services Clause in Contracts

Disengagement Services. On expiry or termination of this agreement, the Provider must provide all disengagement services requested by the Authority and/or specified in the non-functional specification for up to 18 months after expiry or termination, and will reasonably co-operate with the Authority or the Authority’s nominated new provider (as the case may be) to ensure an orderly transition of the services to the Authority’s new provider in a timely fashion with minimal disruption to the Authority’s business and to participants’ respective businesses. Those disengagement services will include, if requested by the Authority: 13.1.1 the continued provision of the services, or part of the services, being provided to the Authority prior to termination as requested by the Authority in accordance with this agreement. The Authority must continue to pay the fees for such services in accordance with the agreement (or a reasonable proportion of those fees if only part of the services are required). For the purposes of this clause 13.1.1, the reasonable proportion of such fees shall reflect: (a) the Provider's actual costs of continuing to perform the relevant (b) a reasonable profit, consistent with the nature and quantum of fees that would be payable to a provider of services comparable to the services (as revised) provided under this agreement. If there is any disagreement between the parties as to the reasonable proportion of such fees payable by the Authority the dispute shall be resolved by mediation and, if necessary, expert determination in accordance with clause 16 (Dispute Resolution) of this agreement. Each party agrees to provide to the mediator or expert all information and assistance required for this purpose. Each party will bear an equal share of the costs and expense of the mediation or expert determination. The costs and profit referred to in this clause 13.1.1 will be assessed on a fully transparent, open book basis. 13.1.2 the supply to the Authority for its ongoing use up to date copies of the 13.1.3 training for the Authority and the new provider’s personnel in respect of the relevant services provided by the Provider under this agreement.