Common use of Exit Management Clause in Contracts

Exit Management. 58.1. The Service Provider shall perform its relevant Exit Management obligations as part of the Contract whether applicable on either the expiry or early termination of this Contract. 58.2. The Service Provider agrees that if it breaches (or attempts or threatens to breach) its obligation to provide Exit Management, the Purchaser and their respective customers and stakeholders shall be irreparably harmed. In such circumstance, the Service Provider agrees that the Purchaser may proceed directly to court notwithstanding anything to the contrary in the dispute resolution procedure outlined in Clause 53 (Dispute Resolution). If a court of competent jurisdiction finds that the Service Provider has breached (or attempted or threatened to breach) any such obligation, the Service Provider agrees that without any additional findings of irreparable injury, or other conditions to interdict, the Service Provider shall not oppose the entry of an appropriate order compelling performance by the Service Provider and restraining the Service Provider from any further breaches or attempted or threatened breaches of its obligations in relation to Exit Management. 58.3. A draft of the Exit Plan shall be produced by the Service Provider and supplied to the Purchaser within [three (3) months] after the Commencement Date and shall include or address the matters specified in Clause 59.3. The Purchaser shall provide to the Service Provider the Purchaser’s comments on the plan within one (1) month of the Purchaser’s receipt of the plan. The Service Provider shall take into account the comments and suggestions of the Purchaser and shall issue the final version of the Exit Plan to the Purchaser within ten (10) Working Days of receipt of the Authority’s comments. 58.4. The Service Provider shall throughout the period of the Contract review, maintain and continuously update the Exit Plan which shall include: 58.4.1. the activities required to enable the Purchaser to re-tender the Purchaser Requirements and/or the provision of the Services; 58.4.2. the activities necessary to support any Replacement Service Provider or the Purchaser in carrying out any necessary due diligence relating to all or part of the Services; 58.4.3. details of the Exit Management to be provided by the Service Provider prior to the Exit Management Date; 58.4.4. support for the Replacement Service Provider or the Purchaser during their preparation of any relevant plan for the transition of the System to the Replacement Service Provider or Purchaser, including prior to and during such transition period; 58.4.5. the maintenance of a ‘business as usual’ environment for the Purchaser during the period when Exit Management obligations are applicable; and 58.4.6. all other necessary activities to support the preparation for, and execution of, a smooth and orderly Exit Management and transfer of all or part of the Services to either a Replacement Service Provider or the Purchaser. 58.5. No amendment of the Exit Plan shall be made without prior written consent of the Purchaser.

Exit Management. 58.1. The Service Provider Contractor shall perform its relevant Exit Management obligations as part of the Contract Framework whether applicable on either the expiry or early termination of this ContractAgreement. 58.2. 44.1 The Service Provider Contractor agrees that if it breaches (or attempts or threatens to breach) its obligation to provide Exit Management, the Purchaser Authority and their respective customers and stakeholders shall be irreparably harmed. In such circumstance, the Service Provider Contractor agrees that the Purchaser Authority may proceed directly to court notwithstanding anything to the contrary in the dispute resolution procedure outlined in Clause 53 37 (Dispute Resolution). If a court of competent jurisdiction finds that the Service Provider Contractor has breached (or attempted or threatened to breach) any such obligation, the Service Provider Contractor agrees that without any additional findings of irreparable injury, or other conditions to interdict, the Service Provider Contractor shall not oppose the entry of an appropriate order compelling performance by the Service Provider Contractor and restraining the Service Provider Contractor from any further breaches or attempted or threatened breaches of its obligations in relation to Exit Management. 58.3. 44.2 A draft of the Exit Plan shall be produced by the Service Provider Contractor and supplied to the Purchaser Authority within [three (3) months] after the Commencement Date and shall include or address the matters specified in Clause 59.344.3. The Purchaser Authority shall provide to the Service Provider Contractor the PurchaserAuthority’s comments on the plan within one (1) month of the PurchaserAuthority’s receipt of the plan. The Service Provider Contractor shall take into account the comments and suggestions of the Purchaser Authority and shall issue the final version of the Exit Plan to the Purchaser Authority within ten (10) Working Days of receipt of the Authority’s comments. 58.4. 44.3 The Service Provider Contractor shall throughout the period of the Contract Agreement review, maintain and continuously update the Exit Plan which shall include: 58.4.1. 44.3.1 the activities required to enable the Purchaser Authority to re-tender the Purchaser Authority Requirements and/or the provision of the Services; 58.4.2. 44.3.2 the activities necessary to support any Replacement Service Provider Contractor or the Purchaser Authority in carrying out any necessary due diligence relating to all or part of the Services; 58.4.3. 44.3.3 details of the Exit Management to be provided by the Service Provider Contractor prior to the Exit Management Date; 58.4.4. 44.3.4 support for the Replacement Service Provider Contractor or the Purchaser Authority during their preparation of any relevant plan for the transition of the System to the Replacement Service Provider Contractor or PurchaserAuthority, including prior to and during such transition period; 58.4.5. 44.3.5 the maintenance of a ‘business as usual’ environment for the Purchaser Authority during the period when Exit Management obligations are applicable; and 58.4.6. 44.3.6 all other necessary activities to support the preparation for, and execution of, a smooth and orderly Exit Management and transfer of all or part of the Services to either a Replacement Service Provider Contractor or the PurchaserAuthority. 58.5. 44.4 No amendment of the Exit Plan shall be made without prior written consent of the PurchaserAuthority.

Exit Management. 58.1. The Service Provider Contractor shall perform its relevant Exit Management obligations as part of the Contract Framework whether applicable on either the expiry or early termination of this ContractAgreement. 58.2. 44.1 The Service Provider Contractor agrees that if it breaches (or attempts or threatens to breach) its obligation to provide Exit Management, the Purchaser Authority and their respective customers and stakeholders shall be irreparably harmed. In such circumstance, the Service Provider Contractor agrees that the Purchaser Authority may proceed directly to court notwithstanding anything to the contrary in the dispute resolution procedure outlined in Clause 53 37 (Dispute Resolution). If a court of competent jurisdiction finds that the Service Provider Contractor has breached (or attempted or threatened to breach) any such obligation, the Service Provider Contractor agrees that without any additional findings of irreparable injury, or other conditions to interdict, the Service Provider Contractor shall not oppose the entry of an appropriate order compelling performance by the Service Provider Contractor and restraining the Service Provider Contractor from any further breaches or attempted or threatened breaches of its obligations in relation to Exit Management. 58.3. 44.2 A draft of the Exit Plan shall be produced by the Service Provider Contractor and supplied to the Purchaser Authority within [three (3) months] after the Commencement Date and shall include or address the matters specified in Clause 59.344.3. The Purchaser Authority shall provide to the Service Provider Contractor the PurchaserAuthority’s comments on the plan within one (1) month of the PurchaserAuthority’s receipt of the plan. The Service Provider Contractor shall take into account the comments and suggestions of the Purchaser Authority and shall issue the final version of the Exit Plan to the Purchaser Authority within ten (10) Working Days of receipt of the Authority’s comments. 58.4. 44.3 The Service Provider Contractor shall throughout the period of the Contract Agreement review, maintain and continuously update the Exit Plan which shall include: 58.4.1. 44.3.1 the activities required to enable the Purchaser Authority to re-tender the Purchaser Authority Requirements and/or the provision of the Services; 58.4.2. 44.3.2 the activities necessary to support any Replacement Service Provider Contractor or the Purchaser Authority in carrying out any necessary due diligence relating to all or part of the Services; 58.4.3. 44.3.3 details of the Exit Management to be provided by the Service Provider Contractor prior to the Exit Management Date; 58.4.4. 44.3.4 support for the Replacement Service Provider Contractor or the Purchaser Authority during their preparation of any relevant plan for the transition of the System to the Replacement Service Provider Contractor or PurchaserAuthority, including prior to and during such transition period; 58.4.5. 44.3.5 the maintenance of a ‘business as usual’ environment for the Purchaser Authority during the period when Exit Management obligations are applicable; and 58.4.6. 44.3.6 all other necessary activities to support the preparation for, and execution of, a smooth and orderly Exit Management and transfer of all or part of the Services to either a Replacement Service Provider Contractor or the PurchaserAuthority. 58.5. 44.3.7 No amendment of the Exit Plan shall be made without prior written consent of the PurchaserAuthority.

Exit Management. 58.1. 44.1 The Service Provider Contractor shall perform its relevant Exit Management obligations as part of the Contract Framework whether applicable on either the expiry or early termination of this ContractAgreement. 58.2. 44.2 The Service Provider Contractor agrees that if it breaches (or attempts or threatens to breach) its obligation to provide Exit Management, the Purchaser Authority and their respective customers and stakeholders shall be irreparably harmed. In such circumstance, the Service Provider Contractor agrees that the Purchaser Authority may proceed directly to court notwithstanding anything to the contrary in the dispute resolution procedure outlined in Clause 53 37 (Dispute Resolution). If a court of competent jurisdiction finds that the Service Provider Contractor has breached (or attempted or threatened to breach) any such obligation, the Service Provider Contractor agrees that without any additional findings of irreparable injury, or other conditions to interdict, the Service Provider Contractor shall not oppose the entry of an appropriate order compelling performance by the Service Provider Contractor and restraining the Service Provider Contractor from any further breaches or attempted or threatened breaches of its obligations in relation to Exit Management. 58.3. 44.3 A draft of the Exit Plan shall be produced by the Service Provider Contractor and supplied to the Purchaser Authority within [three (3) months] months after the Commencement Date and shall include or address the matters specified in Clause 59.344.4. The Purchaser Authority shall provide to the Service Provider Contractor the PurchaserAuthority’s comments on the plan within one (1) month of the PurchaserAuthority’s receipt of the plan. The Service Provider Contractor shall take into account the comments and suggestions of the Purchaser Authority and shall issue the final version of the Exit Plan to the Purchaser Authority within ten (10) Working Days of receipt of the Authority’s comments. 58.4. 44.4 The Service Provider Contractor shall throughout the period of the Contract Agreement review, maintain and continuously update the Exit Plan which shall include: 58.4.1. 44.4.1 the activities required to enable the Purchaser Authority to re-tender the Purchaser Authority Requirements and/or the provision of the Services; 58.4.2. 44.4.2 the activities necessary to support any Replacement Service Provider Contractor or the Purchaser Authority in carrying out any necessary due diligence relating to all or part of the Services; 58.4.3. 44.4.3 details of the Exit Management to be provided by the Service Provider Contractor prior to the Exit Management Date; 58.4.4. 44.3.4 support for the Replacement Service Provider Contractor or the Purchaser Authority during their preparation of any relevant plan for the transition of the System to the Replacement Service Provider Contractor or PurchaserAuthority, including prior to and during such transition period; 58.4.5. 44.4.5 the maintenance of a ‘business as usual’ environment for the Purchaser Authority during the period when Exit Management obligations are applicable; and 58.4.6. 44.4.6 all other necessary activities to support the preparation for, and execution of, a smooth and orderly Exit Management and transfer of all or part of the Services to either a Replacement Service Provider Contractor or the PurchaserAuthority. 58.5. 44.5 No amendment of the Exit Plan shall be made without prior written consent of the Purchaser.Authority

Exit Management. 58.1. The Service Provider shall perform its relevant Exit Management obligations as part of the Contract whether applicable on either the expiry or early termination of this Contract. 58.2. 59.1 The Service Provider agrees that if it breaches (or attempts or threatens to breach) its obligation to provide Exit Management, the Purchaser and their respective customers and stakeholders shall be irreparably harmed. In such circumstance, the Service Provider agrees that the Purchaser may proceed directly to court notwithstanding anything to the contrary in the dispute resolution procedure outlined in Clause 53 54 (Dispute Resolution). If a court of competent jurisdiction finds that the Service Provider has breached (or attempted or threatened to breach) any such obligation, the Service Provider agrees that without any additional findings of irreparable injury, or other conditions to interdict, the Service Provider shall not oppose the entry of an appropriate order compelling performance by the Service Provider and restraining the Service Provider from any further breaches or attempted or threatened breaches of its obligations in relation to Exit Management. 58.3. 59.2 A draft of the Exit Plan shall be produced by the Service Provider and supplied to the Purchaser within [three (3) months] after the Commencement Date and shall include or address the matters specified in Clause 59.3. The Purchaser shall provide to the Service Provider the Purchaser’s comments on the plan within one (1) month of the Purchaser’s receipt of the plan. The Service Provider shall take into account the comments and suggestions of the Purchaser and shall issue the final version of the Exit Plan to the Purchaser within ten (10) Working Days of receipt of the AuthorityPurchaser’s comments. 58.4. 59.3 The Service Provider shall throughout the period of the Contract review, maintain and continuously update the Exit Plan which shall include: 58.4.1. 59.3.1 the activities required to enable the Purchaser to re-tender the Purchaser Requirements and/or the provision of the Services; 58.4.2. 59.3.2 the activities necessary to support any Replacement Service Provider or the Purchaser in carrying out any necessary due diligence relating to all or part of the Services; 58.4.3. 59.3.3 details of the Exit Management to be provided by the Service Provider prior to the Exit Management Date; 58.4.4. 59.3.4 support for the Replacement Service Provider or the Purchaser during their preparation of any relevant plan for the transition of the System to the Replacement Service Provider or Purchaser, including prior to and during such transition period; 58.4.5. 59.3.5 the maintenance of a ‘business as usual’ environment for the Purchaser during the period when Exit Management obligations are applicable; and 58.4.6. 59.3.6 all other necessary activities to support the preparation for, and execution of, a smooth and orderly Exit Management and transfer of all or part of the Services to either a Replacement Service Provider or the Purchaser. 58.5. 59.4 No amendment of the Exit Plan shall be made without prior written consent of the Purchaser.

Exit Management. 58.1. The Service Provider shall perform its relevant Exit Management obligations as part of the this Contract whether applicable on either the expiry or early termination of this Contract. 58.259.1. The Service Provider agrees that if it breaches (or attempts or threatens to breach) its obligation to provide Exit Management, the Purchaser and their respective customers and stakeholders shall be irreparably harmed. In such circumstance, the Service Provider agrees that the Purchaser may proceed directly to court notwithstanding anything to the contrary in the dispute resolution procedure outlined in Clause 53 54 (Dispute Resolution). If a court of competent jurisdiction finds that the Service Provider has breached (or attempted or threatened to breach) any such obligation, the Service Provider agrees that without any additional findings of irreparable injury, or other conditions to interdict, the Service Provider shall not oppose the entry of an appropriate order compelling performance by the Service Provider and restraining the Service Provider from any further breaches or attempted or threatened breaches of its obligations in relation to Exit Management. 58.359.2. A draft of the Exit Plan shall be produced by the Service Provider and supplied to the Purchaser within [three (3) months] after the Commencement Date and shall include or address the matters specified in Clause 59.3. The Purchaser shall provide to the Service Provider the Purchaser’s 's comments on the plan within one (1) month of the Purchaser’s 's receipt of the plan. The Service Provider shall take into account the comments and suggestions of the Purchaser and shall issue the final version of the Exit Plan to the Purchaser within ten (10) Working Days of receipt of the Authority’s Purchaser's comments. 58.459.3. The Service Provider shall throughout the period of the Contract review, maintain and continuously update the Exit Plan which shall include: 58.4.159.3.1. the activities required to enable the Purchaser to re-tender the Purchaser Requirements and/or the provision of the Services; 58.4.259.3.2. the activities necessary to support any Replacement Service Provider or the Purchaser in carrying out any necessary due diligence relating to all or part of the Services; 58.4.359.3.3. details of the Exit Management to be provided by the Service Provider prior to the Exit Management Dateany expiry or termination of this Contract; 58.4.459.3.4. support for the Replacement Service Provider or the Purchaser during their preparation of any relevant plan for the transition of the System Services to the Replacement Service Provider or Purchaser, including prior to and during such transition period; 58.4.559.3.5. the maintenance of a ‘'business as usual’ ' environment for the Purchaser during the period when Exit Management obligations are applicable; and 58.4.659.3.6. all other necessary activities to support the preparation for, and execution of, a smooth and orderly Exit Management and transfer of all or part of the Services to either a Replacement Service Provider or the Purchaser. 58.559.4. No amendment of the Exit Plan shall be made without prior written consent of the Purchaser.

Exit Management. 58.1. 67.1 The Service Provider shall perform its relevant Exit Management obligations as part of the Contract whether applicable on either the expiry or early termination of this Contract. 58.2. 67.2 The Service Provider agrees that if it breaches (or attempts or threatens to breach) its obligation to provide Exit Management, the Purchaser Employer and their respective customers and stakeholders shall be irreparably harmed. In such circumstance, the Service Provider agrees that the Purchaser Employer may proceed directly to court notwithstanding anything to the contrary in the dispute resolution procedure outlined in Clause 53 61 (Dispute Resolution). If a court of competent jurisdiction finds that the Service Provider has breached (or attempted or threatened to breach) any such obligation, the Service Provider agrees that without any additional findings of irreparable injury, or other conditions to interdict, the Service Provider shall not oppose the entry of an appropriate order compelling performance by the Service Provider and restraining the Service Provider from any further breaches or attempted or threatened breaches of its obligations in relation to Exit Management. 58.3. 67.3 A draft of the Exit Plan shall be produced by the Service Provider and supplied to the Purchaser Employer within [three (3) months] months after the Contract Commencement Date and shall include or address the matters specified in Clause 59.367.4. The Purchaser Employer shall provide to the Service Provider the PurchaserEmployer’s comments on the plan within one (11 ) month of the PurchaserEmployer’s receipt of the plan. The Service Provider shall take into account the comments and suggestions of the Purchaser Employer and shall issue the final version of the Exit Plan to the Purchaser Employer within ten (10) Working Days of receipt of the AuthorityEmployer’s comments. 58.4. 67.4 The Service Provider shall throughout the period of the Contract review, maintain and continuously update the Exit Plan which shall include: 58.4.1. i) the activities required to enable the Purchaser Employer to re-tender the Purchaser Employer Requirements and/or the provision of the Services; 58.4.2. ii) the activities necessary to support any Replacement Service Provider Incoming service provider or the Purchaser Employer in carrying out any necessary due diligence relating to all or part of the Services; 58.4.3. iii) details of the Exit Management to be provided by the Service Provider prior to the Exit Management Date; 58.4.4. iv) support for the Replacement Service Provider Incoming service provider or the Purchaser Employer during their preparation of any relevant plan for the transition of the System to the Replacement Service Provider Incoming service provider or PurchaserEmployer, including prior to and during such transition periodtransitionperiod; 58.4.5. v) the maintenance of a ‘business as usual’ environment for the Purchaser Employer during the period when Exit Management obligations are applicable; and 58.4.6. vi) all other necessary activities to support the preparation for, and execution of, a smooth and orderly Exit Management and transfer of all or part of the Services to either a Replacement Service Provider Incoming service provider or the PurchaserEmployer. 58.5. 67.5 No amendment of the Exit Plan shall be made without prior written consent of the PurchaserEmployer. 67.6 The Service Provider shall perform its relevant Exit Management obligations as part of the Contract whether applicable on either the expiry or early termination of this Contract.

Exit Management. 58.1. The Service Provider shall perform its relevant Exit Management obligations as part of the Contract whether applicable on either the expiry or early termination of this Contract. 58.2. 59.1 The Service Provider agrees that if it breaches (or attempts or threatens to breachb reach) its obligation to provide Exit Management, the Purchaser and their respective customers and stakeholders shall be irreparably harmed. In such circumstance, the Service Provider agrees that the Purchaser may proceed directly to court notwithstanding anything to the contrary in the dispute resolution procedure outlined in Clause 53 54 (Dispute Resolution). If a court of competent jurisdiction finds f inds that the Service Provider has breached (or attempted or threatened to breach) any such obligation, the Service Provider agrees that without any additional findings of irreparable injury, or other conditions conditi ons to interdictinterd ic t, the Service Provider shall not oppose the entry of an appropriate order compelling performance by the Service Provider and restraining the Service Provider from any further breaches or attempted or threatened breaches of its obligations in relation to Exit Management. 58.3. 59.2 A draft of the Exit Plan shall be produced by the Service Provider and supplied su pplied to the Purchaser within [three one (31) months] months after the Commencement Date and shall include or address the matters specified in Clause 59.3. The Purchaser shall provide to the Service Provider the Purchaser’s comments on the plan within one two (12) month week’s of the Purchaser’s receipt of the plan. The Service Provider shall take into account the comments and suggestions of the Purchaser and shall issue the final f inal version of the Exit Plan to the Purchaser within ten (10) Working Days of receipt of the AuthorityPurchaser’s comments. 58.4. 59.3 The Service Provider shall throughout the period of the Contract review, maintain and continuously update the Exit Plan which shall include: 58.4.1. 59.3.1 the activities required to enable the Purchaser to re-tender the Purchaser Requirements and/or the provision of the Services; 58.4.2. 59.3.2 the activities necessary to support any Replacement Service Provider or the Purchaser in carrying out any necessary due diligence relating to all or part of the Services; 58.4.3. 59.3.3 details of the Exit Management to be provided by the Service Provider prior to the Exit Management Date; 58.4.4. 59.3.4 support for the Replacement Service Provider or the Purchaser during their preparation of any relevant plan for the transition of the System to the Replacement Service Provider or Purchaser, including prior to and during such transition period; 58.4.5. 59.3.5 the maintenance of a ‘business as usual’ environment for the Purchaser during the period when Exit Management obligations are applicable; and 58.4.6. 59.3.6 all other necessary activities to support the preparation for, and execution of, a smooth and orderly Exit Management and transfer of all or part of the Services to either a Replacement Service Provider or the Purchaser. 58.5. 59.4 No amendment of the Exit Plan shall be made without prior written consent of the Purchaser.

Exit Management. 58.1. 44.1 The Service Provider shall perform its relevant Exit Management obligations as part of the Contract Framework whether applicable on either the expiry or early termination of this ContractAgreement. 58.2. 44.2 The Service Provider agrees that if it breaches (or attempts or threatens to breach) its obligation to provide Exit Management, the Purchaser Authority and their respective customers and stakeholders shall be irreparably harmed. In such circumstance, the Service Provider agrees that the Purchaser Authority may proceed directly to court notwithstanding anything to the contrary in the dispute resolution procedure outlined in Clause 53 37 (Dispute Resolution). If a court of competent jurisdiction finds that the Service Provider has breached (or attempted or threatened to breach) any such obligation, the Service Provider agrees that without any additional findings of irreparable injury, or other conditions to interdict, the Service Provider shall not oppose the entry of an appropriate order compelling performance by the Service Provider and restraining the Service Provider from any further breaches or attempted or threatened breaches of its obligations in relation to Exit Management. 58.3. 44.3 A draft of the Exit Plan shall be produced by the Service Provider and supplied to the Purchaser Authority within [three (3) months] months after the Commencement Date and shall include or address the matters specified in Clause 59.344.3. The Purchaser Authority shall provide to the Service Provider the PurchaserAuthority’s comments on the plan within one (1) month of the PurchaserAuthority’s receipt of the plan. The Service Provider shall take into account the comments and suggestions of the Purchaser Authority and shall issue the final version of the Exit Plan to the Purchaser Authority within ten (10) Working Days of receipt of the Authority’s comments. 58.4. 44.4 The Service Provider shall throughout the period of the Contract Agreement review, maintain and continuously update the Exit Plan which shall include: 58.4.1. 44.4.1 the activities required to enable the Purchaser Authority to re-tender the Purchaser Authority Requirements and/or the provision of the Services; 58.4.2. 44.4.2 the activities necessary to support any Replacement Service Provider or the Purchaser Authority in carrying out any necessary due diligence relating to all or part of the Services; 58.4.3. 44.4.3 details of the Exit Management to be provided by the Service Provider prior to the Exit Management Date; 58.4.4. 44.4.4 support for the Replacement Service Provider or the Purchaser Authority during their preparation of any relevant plan for the transition of the System to the Replacement Service Provider or PurchaserAuthority, including prior to and during such transition period; 58.4.5. 44.4.5 the maintenance of a ‘business as usual’ environment for the Purchaser Authority during the period when Exit Management obligations are applicable; and 58.4.6. 44.4.6 all other necessary activities to support the preparation for, and execution of, a smooth and orderly Exit Management and transfer of all or part of the Services to either a Replacement Service Provider or the PurchaserAuthority. 58.5. 44.4.7 No amendment of the Exit Plan shall be made without prior written consent of the PurchaserAuthority.