RELEVANT TRANSFERS. The Customer and the Supplier agree that: the commencement of the provision of the Ordered Panel Services or of each relevant part of the Ordered Panel Services will be a Relevant Transfer in relation to the Transferring Customer Employees; and as a result of the operation of the Employment Regulations, the contracts of employment between the Customer and the Transferring Customer Employees (except in relation to any terms disapplied through operation of regulation 10(2) of the Employment Regulations) will have effect on and from the Relevant Transfer Date as if originally made between the Supplier and/or any Notified Sub-Contractor and each such Transferring Customer Employee. The Customer shall comply with all its obligations under the Employment Regulations and shall perform and discharge all its obligations in respect of the Transferring Customer Employees in respect of the period arising 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 contributions and pension contributions which in any case are attributable in whole or in part to the period up to (but not including) the Relevant Transfer Date) and any necessary apportionments in respect of any periodic payments shall be made between: (i) the Customer; and (ii) the Supplier and/or any Notified Sub-Contractor (as appropriate).
RELEVANT TRANSFERS. The Department and the Contractor agree that:
RELEVANT TRANSFERS. The Department and the Supplier agree that:
RELEVANT TRANSFERS. The Authority and the Contractor agree that:
16.1.1 where the identity of a provider of any service which constitutes or which will constitute one of the Services is changed whether in anticipation of changes pursuant to this Agreement or not, shall constitute a Relevant Transfer and that the contracts of employment (together with any collective agreements) of any Relevant Employees shall have effect (subject to Regulation 4(7) of TUPE) thereafter as if originally made between those employees and the new provider except insofar as such contracts relate to any benefits for old age, invalidity or survivors under any occupational pension scheme (save as required under sections 257 and 258 of the Pensions Act 2004). The Authority shall or shall procure that any other employer of a Relevant Employee shall comply with its obligations under TUPE in respect of each Relevant Transfer pursuant to this Agreement and the Contractor shall comply with its obligations (including without limitation the obligation under Regulation 13(4) of TUPE) in respect of each Relevant Transfer pursuant to this Agreement and each of the Authority and the Contractor shall indemnify the other against any Direct Losses sustained as a result of any breach of this Clause 16.1 (Relevant Transfers) by the party in default save that there shall be no obligation on the Authority to indemnify the Contractor for any breach by the Authority of its obligations under Regulation 13 of TUPE, or any award of compensation under Regulation 15 of TUPE where such failure arises from the failure of the Contractor to comply with its or their duties under Regulation 13 of TUPE.
RELEVANT TRANSFERS. The Authority and the Contractor agree that where the identity of a provider (including the Authority) of any service which constitutes or which will constitute one of the Services is changed in anticipation of or consequent upon:
30.1.1 changes pursuant to this Agreement;
RELEVANT TRANSFERS. The Council and the Provider agree that the following events:
RELEVANT TRANSFERS. 2.1.1. The Authority and the Contractor agree that the following events:
RELEVANT TRANSFERS. 2.1.1 The Employer and the Contractor agree that the following events:
2.1.1.1 the Relevant Transfer Date and
2.1.1.2 where the identity of a provider (including the Employer) of any works or services which constitutes or which will constitute part of the service is changed, whether in anticipation of changes pursuant to the contract or not, constitute a Relevant Transfer and that the contracts of employment of any Relevant Employees will have effect (subject to Regulation 4(7) of TUPE) thereafter as if originally made between those employees and the Contractor and/or its Subcontractor except insofar as such contracts relate to those parts of an occupational pension scheme relating to the old age, invalidity and survivors’ benefits (save as required under section 257 and 258 of the Pensions Act 2004). On the occasion of a Relevant Transfer (save on expiry or termination of the contract) the Contractor will procure that the former and the new Subcontractor will both comply with their obligations under TUPE.
2.1.2 The Employer will comply with its obligations under TUPE in respect of each Relevant Transfer pursuant to the contract and the Contractor will comply and will procure that each Subcontractor will comply with its obligations (including without limitation the obligation under Regulation 13(4) of TUPE) in respect of each Relevant Transfer pursuant to the contract and each of the Employer and the Contractor will indemnify the other against any Direct Losses sustained as a result of any breach of this paragraph 2.1.2 by the Party in default.
RELEVANT TRANSFERS. Irrespective of whether Supplier acts as a Data Controller or as a Data Processor in the performance of the Services, it shall in any event set up and observe and ensure that its Affiliates or Subcontractors carrying out any Relevant Transfer on behalf of Supplier set up and observe Adequate Safeguards to carry out any Relevant Transfer. Each act or omission of Supplier or its Affiliates or Subcontractors in relation to the obligations set forth in the Adequate Safeguards shall be deemed to be an act or omission of Supplier for which Supplier is responsible. Supplier shall not make a Relevant Transfer before such Adequate Safeguards have been set up. In case that Supplier does not comply with this clause 3.2, UBS has the right to terminate all or any part of the Master Agreement and/or any Agreement(s).
RELEVANT TRANSFERS. 32.1 If, notwithstanding Clause 30.1 above or following review of an amendment to a Integrated Provider Scheme or the addition of an additional Integrated Provider Scheme under Clause 9.1 above a Relevant Transfer shall occur the Party from whose employment the Transferring Employees shall transfer (“the Transferor Party”) shall indemnify the Party to whom the Transferring Employees shall transfer (“the Transferee Party”) in respect of all liabilities as shall be referable to any of its acts or omissions occurring prior to the date of the relevant transfer and the Transferee Party shall give a similar indemnity to the Transferor Party in respect of any of its acts or omissions on or after the date of transfer and shall also indemnify the Transferor Party for any liabilities arising out of any representations made in respect of the relevant employee’s employment as may amount to an anticipatory breach of contract. For the avoidance of doubt the indemnities in this clause shall extend also to liabilities for any breach by either Party of its obligations to inform and consult under the Transfer Regulations.
32.2 The Transferor Party shall comply with its obligations to provide employee liability information as provided for by regulation 11 of the Transferor Regulations as soon as reasonably practicable and in any event in compliance with time period referred to in that regulation.
32.3 In the case of a Relevant Transfer the Parties will observe the provisions of the Cabinet Office Statement of Practice on Staff Transfers in the Public Sector (“COSOP”) in particular in relation to the pension arrangements available to Transferring Employees.
32.4 In the event that an Integrated Provider Scheme (or an amendment thereto) which has caused a Relevant Transfer is terminated (in whole or in part) the Parties will cooperate to ensure that the provisions of COSOP are observed. In the event that as a result (or by virtue of the operation of the Transfer Regulations) the employees that have been working on the Integrated Provider Scheme revert to the employment of the Trust or the Local Authority (whichever shall originally have been the Transferor Party) the Party which shall have been the employer of those employees under the Integrated Provider Scheme shall indemnify the other in respect of all liabilities as shall be referable to any of its acts or omissions occurring prior to the date of termination of the Integrated Provider Scheme and shall observe the obligation...
