EXIT ARRANGEMENTS. 38.1 The Department and the Provider must, unless the Provider will be responsible for delivering the Services in the following Funding Year, comply with the exit arrangements set out in Schedule 8 (Exit Arrangements) and any current Exit Plan. 38.2 NOT USED 38.3 Unless the Department otherwise requires, during the time between service of a notice of termination of this Agreement in whole or in part and such termination taking effect, the Provider must take all steps, which are necessary and consistent with its continuing obligations, to mitigate any losses, costs, liabilities and expenses which the Provider may incur as a result of the termination, including to: 38.3.1 cancel all capital and recurring cost commitments in connection with the provision of the Services on the most cost-effective terms without fettering the Department's access to Department Data and the Database; 38.3.2 terminate all relevant Agreements or the relevant parts of relevant Agreements with its sub-contractors in connection with the provision of Services on the most favourable terms as can be achieved in the particular circumstances, having first ascertained from the Department whether such Agreements are required to be transferred to the Department or any Successor Provider instead; and 38.3.3 reduce labour costs by the redeployment or release of Provider's Personnel to the extent possible in the circumstances. 38.4 If the Provider does not fulfil its obligations in accordance with Clause 38.3, the Department will not pay any sums in excess of those which the Department would have paid had such action been taken.
Appears in 3 contracts
Samples: Funding Agreement, Funding Agreement, Funding Agreement
EXIT ARRANGEMENTS. 38.1 37.1 The Department and the Provider must, unless the Provider will be responsible for delivering the Services in the following Funding Year, comply with the exit arrangements set out in Schedule 8 (Exit Arrangements) and any current Exit Plan.
38.2 37.2 NOT USED
38.3 37.3 Unless the Department otherwise requires, during the time between service of a notice of termination of this Agreement in whole or in part and such termination taking effect, the Provider must take all steps, which are necessary and consistent with its continuing obligations, to mitigate any losses, costs, liabilities and expenses which the Provider may incur as a result of the termination, including to:
38.3.1 37.3.1 cancel all capital and recurring cost commitments in connection with the provision of the Services on the most cost-effective terms without fettering the Department's access to Department Data and the Database;
38.3.2 37.3.2 terminate all relevant Agreements or the relevant parts of relevant Agreements with its sub-contractors in connection with the provision of Services on the most favourable terms as can be achieved in the particular circumstances, having first ascertained from the Department whether such Agreements are required to be transferred to the Department or any Successor Provider instead; and
38.3.3 37.3.3 reduce labour costs by the redeployment or release of Provider's Personnel to the extent possible in the circumstances.
38.4 37.4 If the Provider does not fulfil its obligations in accordance with Clause 38.337.3, the Department will not pay any sums in excess of those which the Department would have paid had such action been taken.
Appears in 2 contracts
Samples: Conditions of Funding (Grant), Conditions of Funding (Grant)
EXIT ARRANGEMENTS. 38.1 37.1 The Department and the Provider Employer must, unless the Provider Employer will be responsible for delivering the Services in the following Funding Year, comply with the exit arrangements set out in Schedule 8 (Exit Arrangements) and any current Exit Plan.
38.2 37.2 NOT USED
38.3 37.3 Unless the Department otherwise requires, during the time between service of a notice of termination of this Agreement in whole or in part and such termination taking effect, the Provider Employer must take all steps, which are necessary and consistent with its continuing obligations, to mitigate any losses, costs, liabilities and expenses which the Provider Employer may incur as a result of the termination, including to:
38.3.1 37.3.1 cancel all capital and recurring cost commitments in connection with the provision of the Services on the most cost-effective terms without fettering the Department's access to Department Data and the Database;
38.3.2 37.3.2 terminate all relevant Agreements or the relevant parts of relevant Agreements with its sub-contractors in connection with the provision of Services on the most favourable terms as can be achieved in the particular circumstances, having first ascertained from the Department whether such Agreements are required to be transferred to the Department or any Successor Provider Employer instead; and
38.3.3 37.3.3 reduce labour costs by the redeployment or release of ProviderEmployer's Personnel to the extent possible in the circumstances.
38.4 37.4 If the Provider Employer does not fulfil its obligations in accordance with Clause 38.337.3, the Department will not pay any sums in excess of those which the Department would have paid had such action been taken.
Appears in 1 contract
Samples: Conditions of Funding (Grant)