RE-TENDERING AND HANDOVER. 36.1 Within 21 days of being so requested by the Authority‟s Representative, the Contractor shall provide, and thereafter keep updated, in a fully indexed and catalogued format, all the information necessary to enable the Authority to issue tender documents for the future provision of the Project.
36.2 Where, in the opinion of the Authority, the Transfer of Undertakings (Protection of Employment) Regulations 1981 are likely to apply on the termination of expiration of the Contract, the information to be provided by the Contractor under Condition
36.1 shall include, as applicable, accurate information relating to the staff who would be transferred under the same terms of employment under those Regulations, including in particular:
36.2.1 the number of staff who would be transferred, but with no obligation on the Contractor to specify their names;
36.2.2 in respect of each of those members of staff their age, sex, salary, length of service, hours of work, overtime hours and rates, any other factors affecting redundancy entitlement and any outstanding claims arising from their employment;
36.2.3 the general terms and conditions applicable to those members of staff, including probationary periods, retirement age, periods of notice, current pay agreements, working hours, entitlement to annual leave, sick leave, maternity and special leave, terms of mobility, any loan or leasing schemes, any relevant collective agreements, facility time arrangements and additional employment benefits.
36.3 The Authority shall take all necessary precautions to ensure that the information referred to in Conditions 36.2 is given only to service providers who have qualified to tender for the future provision of the Project.
36.4 The Authority shall require that all potential providers treat the information in confidence; that they do not communicate it except to such persons within their organisation and to such extent as may be necessary for the purpose of preparing a response to an invitation to tender issued by the Authority; and that they shall not use it for any other purpose.
36.5 The Contractor shall indemnify the Authority against any claim made against the Authority at any time by any person in respect of any liability incurred by the Authority arising from any deficiency or inaccuracy in information which the Contractor is required to provide under Condition 36.2
36.6 The Contractor shall not –
36.6.1 at any time during the Agreement, including any extension, move any staf...
RE-TENDERING AND HANDOVER. 19.1 Within 21 days of being so requested by the Authority's Representative the Contractor shall provide:
(a) and thereafter keep updated and accessible to the Authority, in a fully indexed and catalogued format, all the information reasonably necessary to enable the Authority to issue tender documents for the future provision of the Services and for a third party to prepare an informed, non-qualified offer for those Services and not be disadvantaged in any procurement process compared to the Contractor (if the Contractor is invited to participate). This information shall include, but not be limited to, details of Staff as referred to in Condition 19.2, a description of the Services and the methods used by the Contractor to provide the Services, details as to key terms of any third party contracts and licences, copies of third party contracts and licences which are to be transferred to the Authority or a Successor Supplier and details of ongoing and threatened disputes in relation to the provision of the Services. This information shall be updated on a continuing basis.
(b) a draft exit plan to be agreed with the Authority that shall set out each Parties obligations in detail in order to ensure a smooth and efficient transfer of the Services to the Authority for a Successor Supplier. The Parties shall review and update the exit plan annually and as soon as reasonably practicable in the event of a material change in any aspect of the Services which could reasonably be expected to impact upon the exit plan in order to ensure that the exit plan remains relevant.
19.2 Where, in the opinion of the Authority's Representative, the TUPE Regulations are likely to apply on the termination or expiration of the Contract, the information to be provided by the Contractor under Condition
19.1 shall include, as applicable, accurate information relating to the Staff who would be transferred under the same terms of employment under the TUPE Regulations, including in particular:-
a) the number of Staff who would be transferred, but with no obligation on the Contractor to specify their names;
b) in respect of each of those members of Staff their age, job title, sex, salary, benefits entitlement, length of service, contractual notice period, hours of work, overtime hours and rates, any other factors affecting redundancy entitlement and any outstanding claims arising from their employment;
c) the general terms and conditions of employment applicable to those members of Staff, i...
RE-TENDERING AND HANDOVER. 19.1 Within 21 days of being so requested by the Authority's Representative the Contractor shall provide:
(a) and thereafter keep updated and accessible to the Authority, in a fully indexed and catalogued format, all the information reasonably necessary to enable the Authority to issue tender documents for the future provision of the Services and for a third party to prepare an informed, non-qualified offer for those Services and not be disadvantaged in any procurement process compared to the Contractor (if the Contractor is invited to participate). This information shall include, but not be limited to, details of Staff as referred to in Condition 19.2, a description of the Services and the methods used by the Contractor to provide the Services, details as to key terms of any third party contracts and licences, copies of third party contracts and licences which are to be transferred to the Authority or a Successor Supplier and details of ongoing and threatened disputes in relation to the provision of the Services. This information shall be updated on a continuing basis.
(b) a draft exit plan to be agreed with the Authority that shall set out each Parties obligations in detail in order to ensure a smooth and efficient transfer of the Services to the Authority for a Successor Supplier. The Parties shall review and update the exit plan annually and as soon as reasonably practicable in the event of a material change in any aspect of the Services which could reasonably be expected to impact upon the exit plan in order to ensure that the exit plan remains relevant.
19.2 NOT USED 19.3 NOT USED
RE-TENDERING AND HANDOVER. 56.1 In the event that a different organisation is required to take on the Services at the expiry or termination of the Framework Agreement or Contract, the Contractor shall co-operate in arrangements for the transfer so as to reduce to a minimum any interruption in the Services.
56.2 Except as allowed for below, such arrangements shall be regarded as variations to the Services under Clause 10.
56.3 In the period leading up to the handover of the Services:
56.3.1 Within 21 days of being so requested by COI, the Contractor shall provide, and thereafter keep updated, such information and access to Site and Staff as is reasonably required by COI to prepare invitation to tender documents for the future provision of the Services.
56.3.2 This information shall be provided free of charge to COI.
56.3.3 COI shall take all reasonable precautions to ensure that the information so provided is given only to service providers who have qualified to tender for the future provision of the Services. COI shall require that such service providers undertake in writing to treat that information in confidence, to use it only for the preparation of their tenders and to restrict its distribution solely to those staff involved in preparing their tenders.
56.3.4 The Contractor will co-operate in all other ways reasonably requested by COI.
56.4 At the time of the handover of the Services:
56.4.1 The Contractor shall co-operate fully with COI in order to achieve an effective transfer without disruption to the provision of the Services.
56.4.2 Without charge, the Contractor shall allow COI, or any party nominated by COI, full access to all documents, reports, summaries and any other information necessary for the transfer.
56.4.3 Without charge, the Contractor shall transfer to COI, or any party nominated by COI, all computerised filing, recording, documentation, planning and drawing held on software and utilised in the provision of the Services. The transfer shall be made in a fully indexed and catalogued electronic format, to operate on a proprietary software package available to COI.
56.4.4 The Contractor shall indemnify COI against any claim made at any time by any person arising from any deficiency or inaccuracy in the information that the Contractor provides.
56.4.5 Until the transfer is completed, the Contractor shall not change the Staff nominated to provide the Services except as allowed under Clause 40.
RE-TENDERING AND HANDOVER. 2.12.1 Within 21 days of being so requested by the Authority‟s Representative, the Contractor shall provide, and thereafter keep updated, in a fully indexed and catalogued format, all the information necessary to enable the Authority to issue tender documents for the future provision of the Services.
RE-TENDERING AND HANDOVER. 16.1 The Contractor shall not – At any time during the Contract Period including any extension of the original Contract Period, move any persons in his employment into the undertaking or relevant part of an undertaking which affects the provision of the Services, who do not meet the standards of skill and experience required for the purposes of the Contract.
16.2 Where, in the opinion of the Museum’s Representative, any change or proposed change in the Staff in the undertaking or relevant part of an undertaking, or any change in the terms and conditions of employment of such Staff, the Museums shall have the right:-
16.2.1 to make representations to the Contractor against the change or proposed change;
16.2.2 to give notice to the Contractor requiring him to remedy the breach within 30 days; and
16.2.3 if the Contractor has not remedied the breach to the satisfaction of the Museum’s Representative by the end of the period of 30 days, to terminate the Contract by reason of the default of the Contractor, in accordance with Condition 39.
RE-TENDERING AND HANDOVER. 67.1 The parties agree that the Employment Regulations are likely to apply on the termination or expiration of the Part 2 Contract, the information to be provided by the Contractor under Clause 65.5 shall include, as applicable, accurate information relating to the employees who would be transferred under the same terms of employment under the Employment Regulations, including in particular (but not limited to):
67.1.1 the number of employees who would be transferred, but with no obligation on the Contractor to specify their names;
67.1.2 in respect of each of those employees, their dates of birth, sex, salary, length of service, hours of work and rates, and any other factors affecting redundancy entitlement, any specific terms applicable to those employees individually and any outstanding claims arising from their employment;
67.1.3 the general terms and conditions applicable to those employees, including Agenda for Change provisions, probationary periods, retirement age, periods of notice, current pay contracts and structures, special pay allowances, working hours, entitlement to annual leave, sick leave, maternity and special leave, injury benefit, redundancy rights, terms of mobility, any loan or leasing contracts, and any other relevant collective contracts, facility time arrangements and additional employment benefits.
67.1.4 Where the Services are to be retendered or offered to another external supplier, the Co-ordinating Commissioner shall take all necessary precautions to ensure that the information referred to in Clause 65.5 is given only to New Contractors who have qualified to offer for the future provision of Services. The Co- ordinating Commissioner shall require that such New Contractors shall treat that information in confidence, that they shall not communicate it except to such persons within their organisation and to such extent as may be necessary for the purpose of preparing a response to an invitation to offer issued by the Co-ordinating Commissioner or the Commissioner(s) and that they shall not use it for any other purpose.
RE-TENDERING AND HANDOVER. 24.1 Within twenty-one (21) days of being so requested by the Authority's Representative the Supplier shall provide a draft Exit Plan to be agreed with the Authority that shall set out each Party's obligations in detail in order to ensure a smooth and efficient transfer of the Services to the Authority for a Successor Supplier (the "Exit Plan"). The Parties shall review and update the Exit Plan annually and as soon as reasonably practicable in the event of a material change in any aspect of the Services which could reasonably be expected to impact upon the Exit Plan in order to ensure that the Exit Plan remains relevant.
RE-TENDERING AND HANDOVER. 24.1 The Contractor and the Authority acknowledge that on termination or expiry of any Contract, if the Authority has a continuing need for the Services then the continuity of those Services is of paramount importance.
24.2 The Contractor shall co-operate fully with the Authority during the handover arising from the completion or earlier termination of any Contract. This co-operation, during the setting up operations period of the new contractor, shall extend to allowing full access to, and providing copies of, all documents, reports, summaries and any other information necessary in order to achieve an effective transition without disruption to routine operational requirements.
24.3 Within 10 working days of being so requested by the Authority's Representative, the Contractor shall transfer to the Authority, or any Person designated by the Authority, free of charge, all computerised filing, recording, documentation, planning and drawing held on software and utilised in the provision of the Services. The transfer shall be made in a fully indexed and catalogued disk format, to operate on software packages specified by the Authority.
RE-TENDERING AND HANDOVER. 14.1 Within twenty one (21) days of being so requested by the University, the Supplier shall provide and thereafter keep updated, in a fully indexed and catalogued format, all the information necessary to enable the University to issue invitations to tender for the future provision of the Supplies.
14.2 Where, in the opinion of the University, TUPE is likely to apply to the agreement or any Contract on the termination or expiration, the information to be provided by the Supplier under Clause 14.1 shall include, as applicable, accurate information relating to the employees who would be transferred under the same terms of employment under TUPE, including in particular (but not limited to): -
14.2.1 the number of employees who would be transferred, but with no obligation on the Supplier to specify their names; and
14.2.2 in respect of each of those employees, their dates of birth, sex, salary, length of service, hours of work and rates, and any other factors affecting redundancy entitlement, any specific terms applicable to those employees individually and any outstanding claims arising from their employment; and
14.2.3 the general terms and conditions applicable to those employees, including probationary periods, retirement age, periods of notice, current pay agreements and structures, special pay allowances, working hours, entitlement to annual leave, sick leave, maternity and special leave, injury benefit, redundancy rights, terms of mobility, any loan or leasing agreements, and any other relevant collective agreements, facility time arrangements and additional employment benefits.
14.3 The Supplier shall indemnify the University against any claim made against the University at any time by any person in respect of the liability incurred by the University arising from any deficiency or inaccuracy in information, which the Supplier is required to provide under Clause 14.1.
14.4 The Supplier shall co-operate fully with the University during the handover arising from the completion or earlier termination of the agreement. This co-operation, during the setting up operations period of the replacement Supplier (if any), shall extend to allowing full access to, and providing copies of all documents, reports, summaries and other information necessary in order to achieve an effective transition.
