Relevant Transfer a. The parties do not believe that the arrangements anticipated by this Agreement, any associated arrangements, and/or the termination of this Agreement or any Services hereunder will constitute a relevant transfer within the meaning of the Transfer of Undertakings (Protection of Employment) Regulations 2006 ("the Transfer Regulations") ("Relevant Transfer"). However, if it is asserted that there is a Relevant Transfer, the provisions of this Clause 5 below and Clause 8 (Indemnification) shall apply.
b. If it is found or alleged that the employment of any person has transferred either to the Client or to the Consultant (each the "Transferee") pursuant to a Relevant Transfer, the relevant Transferee may dismiss that person ("Transfer Dismissal"), provided that the Transfer Dismissal is effected as soon as reasonably practicable after the relevant Transferee becomes aware of that finding or allegation.
c. The parties believe that the arrangements anticipated by this Agreement, any associated arrangements and/or the termination of the Agreement or any Services hereunder will not constitute a Relevant Transfer and as such neither party has an obligation to notify the other of any employment liability information within the meaning of Regulation 11 of the Transfer Regulations. However, in the event that there is a Relevant Transfer, the parties agree that the provisions of this Agreement solely govern their rights in respect of the provision of information relating to the employees and associated liabilities which may transfer pursuant to the Transfer Regulations and that neither party shall be entitled to bring a claim against the other under Regulation 12 of the Transfer Regulations.
Relevant Transfer. UKRI and the Supplier agree that the Transfer will give rise to a "relevant transfer" within the meaning of TUPE and that the respective contracts of employment between UKRI, any UKRI Group Company or any Previous Supplier and the Employees shall have effect from and after the Transfer Date as if originally made between the Supplier (or relevant Sub- Contractor) and the Employees (save insofar as they relate to provisions of an occupational pension scheme relating to benefits for old age, invalidity or survivors within Regulation 10 of TUPE).
Relevant Transfer. It is acknowledged by the parties that the provision of Services contemplated by this Contract constitutes a relevant transfer or service provision change for the purposes of the TUPE Regulations and that the Service Provider will take over responsibility for the Employees and all liabilities and obligations under their contracts of employment (except in so far as they relate to benefits for old age, invalidity or survivors pursuant to the provisions of an occupational pension scheme referred to in regulation 10 of the TUPE Regulations) from the Commencement Date. The Customer will deliver to the Service Provider on the Commencement Date all PAYE, national insurance and other personnel records relating to the Employees, subject to it being entitled to take and keep copies of the same.
Relevant Transfer. Not required. Not required.
Relevant Transfer. Both Prestolite and the Purchaser ----------------- acknowledge and agree that the sale of the Business under this Agreement is a "relevant transfer" for the purposes of the Transfer Regulations and that on Closing the contracts of employment of each of the Business Employees employed in the United Kingdom by Prestolite in connection with the Business (each a "UK Business Employee" and collectively the "UK Business Employees") and Prestolite's rights, powers, duties and liabilities under or in connection with such contracts of employment shall be transferred to the Purchaser pursuant to the Transfer Regulations.
Relevant Transfer. The parties acknowledge and agree that the sale of the Assets from the Selling Parties to the Purchaser is a “relevant transfer” within the meaning of the Transfer Regulations. If for any reason the contracts of employment of any of the Transferred Employees are not automatically transferred to the Purchaser pursuant to the Transfer Regulations, the Purchaser shall immediately offer to employ such persons on terms and conditions no less favourable to the Transferred Employees than the terms on which they were employed immediately prior to Closing.
Relevant Transfer. 10.1 Should any person (“Employee”) employed directly or indirectly by one party (“Original Employer”) be deemed or claim to become an employee of the other party (“New Employer”) by virtue of the Transfer of Undertakings (Protection of Employment) Regulations 2006 or the Acquired Rights Directive 2001/23/EC or succeeding or similar legislation in force in any part of the world at any time during or after termination of this Agreement where such transfer relates to this Agreement or its termination, the New Employer may terminate the Employee’s employment at its sole discretion after consultation with the Original Employer. The Original Employer undertakes to indemnify the New Employer and hold the New Employer harmless against all and any costs, claims, expenses, damages, awards and penalties arising out of such claim, employment or its termination, subject to New Employer consulting with the Original Employer and taking all reasonable steps to reduce the Original Employer’s exposure under this indemnity.
Relevant Transfer. The Council and the Contractor agree that the following events: 2.
Relevant Transfer. C9.1 The parties agree that where TUPE applies, the provisions of clauses C9, C10, C11 and C12 shall apply.
C9.2 The Authority and the Provider agree that the following events:
(a) the Commencement Date; and
(b) where the identity of a provider (including the Authority) of any service which constitutes or which will constitute one of the Services is changed whether in anticipation of changes pursuant to this Contract or not; shall constitute a Relevant Transfer and that the contracts of employment of any Relevant Employees shall have effect (subject to Regulation 4(7) of TUPE) thereafter as if originally made between those employees and the Provider. On the occasion of a Relevant Transfer (save on expiry or termination of this Contract) the Provider shall comply with its obligations under TUPE.
C9.3. The Authority shall procure that each Former Provider shall comply with all its obligations under the TUPE and shall perform and discharge all its obligations in respect of all the Relevant Employees in respect of the period up to (but not including) the Relevant Transfer Date (including the payment of all remuneration, benefits, entitlements and outgoings, all wages, accrued but untaken holiday pay, bonuses, commissions, payments of PAYE, national insurance contribution and pension contributions which in any case are attributable in whole or in part in respect of the period up to (but not including) the Relevant Transfer Date) and the Provider shall make, and the Authority shall procure that each Former Provider makes, any necessary apportionments in respect of any periodic payments.
Relevant Transfer a transfer by Investors and/or Related Parties of any Investor of A Shares and/or A PECs to a Relevant Transferee other than an Excluded Transfer; Relevant Transferee: a person to whom Specified Securities are proposed to be transferred pursuant to a Relevant Transfer; Relevant Transferee’s Group: the Relevant Transferee together with any person to whom the Relevant Transferee is connected or with whom he is acting in concert (as defined in The City Code on Takeovers and Mergers); Remedial Action: the taking of any steps which the Bidco Board (acting reasonably, with Investor Consent and in consultation with the CEO) considers necessary to cure or mitigate the circumstances which have given rise to a subsisting Emergency Situation;
