Retendering. The Contractor shall (and shall procure that any sub-contractor shall) within the period of twelve (12) months immediately preceding the Expiry Date or following the service of a notice under clauses 41 to 45 or as a consequence of the Authority notifying the Contractor of its intention to retender this Agreement or as a consequence of a Transfer Change140: on receiving a written request from the Authority provide in respect of any person engaged or employed by the Contractor or any sub-contractor in the provision of the Services (the Assigned Employees) full and accurate details regarding the identity, number, age, sex, length of service, job title, grade and terms and conditions of employment of and other matters141 affecting each of those Assigned Employees who it is expected, if they remain in the employment of the Contractor or of any sub-contractor as the case may be until immediately before the date for the implementation of a Transfer Change or the Termination Date or the Expiry Date (as appropriate), would be Returning Employees (the Retendering Information); provide the Retendering Information promptly and at no cost to the Authority; notify the Authority forthwith in writing of any material changes to the Retendering Information promptly as and when such changes arise; be precluded from making any material increase or decrease in the numbers of Assigned Employees other than in the ordinary course of business and with the Authority's prior written consent (such consent not to be unreasonably withheld or delayed); be precluded from making any increase in the remuneration or other change in the terms and conditions of the Assigned Employees other than in the ordinary course of business and with the Authority's prior written consent (such consent not to be unreasonably withheld or delayed); and be precluded from transferring any of the Assigned Employees to another part of its business or moving other employees from elsewhere in its or their business who have not previously been employed or engaged in providing the Services to provide the Services save with the Authority's prior written consent (such consent not be unreasonably withheld or delayed). The Contractor shall indemnify and shall keep indemnified in full the Authority and at the Authority's request any Future Service Provider against all Direct Losses arising from any claim by any party as a result of the Contractor or sub-contractor failing to provide or promptly to provide the Authority ...
Retendering. Barnet Homes shall (and shall procure that any sub-contractor shall) within the period of twelve (12) months immediately preceding the Termination Date or as a consequence of the Council notifying Barnet Homes of its intention to retender this Agreement:
Retendering. The Supplier shall (and shall procure that any Subcontractor shall) within the period of twelve (12) months immediately preceding the end of the Contract Period, or following the service of a notice to terminate in accordance with the provisions of the Agreement:
Retendering. 2.8.1 The Contractor will (and will procure that any Subcontractor will) within the period of 12 months immediately preceding the expiry of this contract or following the service of a notice under clause 90 (Termination) or as a consequence of the Employer notifying the Contractor of its intention to re-tender this contract:
2.8.1.1 on receiving a request from the Employer provide in respect of any person engaged or employed by the Contractor or any Subcontractor in the provision of any service which is part of the service (the “Assigned Employees”) full and accurate details regarding the number, age, sex, length of service, job title, grade and terms and conditions of employment of and other matters affecting each of those Assigned Employees who it is expected, if they remain in the employment of the Contractor or of any Subcontractor as the case may be until immediately before the termination date, would be Returning Employees (the “Retendering Information”),
2.8.1.2 provide the Retendering Information promptly and at no cost to the Employer,
2.8.1.3 notify the Employer forthwith in writing of any material changes to the Retendering Information promptly as and when such changes arise,
2.8.1.4 be precluded from making any material increase or decrease in the numbers of Assigned Employees other than in the ordinary course of business and with the Employer’s prior written consent (not to be unreasonably withheld or delayed),
2.8.1.5 be precluded from making any increase in the remuneration or other change in the terms and conditions of the Assigned Employees other than in the ordinary course of business and with the Employer’s prior written consent, which should not be unreasonably withheld and
2.8.1.6 be precluded from transferring any of the Assigned Employees to another part of its business or moving other employees from elsewhere in its or their business who have not previously been employed or engaged in providing any part of the service to provide any such works and services save with the Employer’s prior written consent (not to be unreasonably withheld or delayed).
2.8.2 Without prejudice to paragraphs 2.8.1 and 2.8.3 of Part 1 of this schedule, the Contractor will provide and will procure that any Subcontractor will provide the Employee Liability Information to the Employer at such time or times as are required by TUPE, and will warrant at the time of providing such Employee Liability Information, that such information will be updated to take accoun...
Retendering. 1.3.1 The Authority may, at any time within the six months preceding the termination or expiry of this Contract for any reason (as from time to time reasonably expected by the Authority), require the Provider to provide without charge and as soon as reasonably practicable:
(a) full and accurate details regarding the Assigned Employees, including without limitation: full details of all remuneration and benefits provided to such employees; the terms and conditions of employment and policies applicable to such employees (whether contractual or discretionary); details of such employees’ involvement in the Services; records of such employees’ sick, maternity, paternity, adoption, parental or other leave; details of any arrangement for informing and/or consulting such employees or representatives of them; and details of any disputes, claims and/or proceedings with or by or on behalf of any such employees (the “Retendering Information”);
(b) employee liability information (as defined in TUPE) (the “Employee Liability Information”) full and accurate as at the date of such provision; and
(c) such information as the Authority shall reasonably specify with regard to agency workers, agents and independent contractors engaged by the Provider or any Sub-Contractor in the provision of any of the Services.
1.3.2 The Provider shall and shall procure that any Sub-Contractor shall provide updated Retendering Information and Employee Liability Information one month prior to and again immediately prior to the Expiry Date or Termination Date or date on which any of the Services begin to be provided by any New Provider for any reason.
1.3.3 The Provider shall warrant the accuracy and completeness of the Retendering Information and Employee Liability Information provided to the Authority and authorises the Authority to use any and all of the information as it may consider necessary for the purposes of its business or for informing any tenderer for any services which are substantially the same as the Services (or any part thereof) and these obligations shall remain in effect notwithstanding the termination of the engagement of the Provider hereunder.
1.3.4 During the six months preceding the termination or expiry of this Contract (as from time to time reasonably expected by the Authority) the Provider shall not and shall procure that any Sub-Contractor shall not, except in good faith in the ordinary course of business and with the prior written consent of the Authority (such conse...
Retendering. 35.2.1 Subject to 35.2.2, upon termination of this Agreement by DLRL pursuant to clause 32, the Franchisee shall be liable to DLRL for any retendering costs incurred by DLRL in retendering the Franchise together with the increased costs of appointing a Successor Franchisee to carry out the Franchisee's obligations under this Agreement following termination until the end of the Franchise Term.
Retendering. 41.15.1 The Contractor shall (and shall procure that any Sub-Contractor shall) within the period of [fifteeen (15)] months immediately preceding the expiry of this Contract or following the service of a notice to terminate the Contract or as a consequence of the Council notifying the Contractor of its intention to retender this Contract on receiving a written request from the Council provide a list Assigned Employees and in respect of each As- signed Employee provide full and accurate details regarding their identity, number, age, sex, length of service, job title, grade and terms and conditions of employment, any grievances or disciplinary proceedings which are ongoing or which have within the pre- vious 24 months,any claims or potential claims brought or threatened,the percentage of time spent in the provision of the Services and any other relevant matters (the "Retendering Information");
41.15.1.1 provide the Retendering Information promptly and at no cost to the Council;
41.15.1.2 notify the Council forthwith in writing of any material changes to the Retendering Information promptly as and when such changes arise;
41.15.1.3 be precluded from making any material increase or decrease in the numbers of Assigned Employees;
41.15.1.4 be precluded from making any increase in the remuneration or other change in the terms and conditions of the Assigned Employees other than in the ordinary course of business and with the Council’s prior written consent; and
41.15.1.5 be precluded from transferring any of the Assigned Employees to another part of its business or moving other employees from elsewhere in its or their business who have not previously been employed or engaged in providing the Services to provide the Services save with the Council 's prior written consent. The Contractor shall permit the Council to use the Retendering Information for the purposes of TUPE and of re-tendering. The Contractor will co-operate with the re-tendering of the Service the subject of this Contract by allowing the transferee to communicate with and meet the affected employees and/or their representatives.
41.15.2 Without prejudice to clauses 45.15.1 and 45.15.3 the Contractor shall provide and shall procure that any Sub-Contractor shall provide the Employee Liability Information relat- ing to Returning Employees to the Council and/or any Future Contractor at such time or times as are required by TUPE, and shall warrant at the time of providing such Employee Liability Information...
Retendering. 8.1. The Concessionaire shall (and shall procure that any Sub-Concessionaire shall) within the period of twelve (12) months (or earlier if the Council so requires for the purposes of retendering) immediately preceding the expiry of this Contract, or following the service of a notice under Condition 38 (Termination):-
8.1.1. on receiving a request from the Council provide in respect of each person engaged or employed by the Concessionaire or any Sub-Concessionaire in the provision of the Services (“Assigned Employee”) full and accurate details regarding their identity, number, age, sex, length of service, job title, grade and terms and conditions of employment or and other matters affecting each of those Assigned Employees who it is expected, if they remain in the employment of the Concessionaire or of any Sub- Concessionaire as the case may be until immediately before the Termination Date, would be Returning Employees (the “Retendering Information”);
8.1.2. provide the Retendering Information promptly and at no cost to the Council;
8.1.3. notify the Council forthwith in writing of any material changes to the Retendering Information promptly as and when such changes arise;
Retendering. Dragonfly Management (Bolsover) Limited (and shall procure that any sub-contractor shall) within the period of twelve (12) months immediately preceding the Termination Date or as consequence of the service of notice to terminate the Contract early in accordance with its terms or as a result of the Council notifying Dragonfly Management (Bolsover) Limited of its intention to retender this Agreement:
Retendering. If the Authority elects to retender the provision of the Project under Clause 45.1 (Retendering Election), then the following provisions shall apply:
45.2.1 The objective of the retendering procedure shall be to establish the Highest Compliant Tender Price and pay to the Contractor the Adjusted Highest Compliant Tender Price, as a result of the Tender Process.
45.2.2 The Authority shall (subject to any legal requirements preventing it from doing so) use its reasonable endeavours to complete the Tender Process as soon as practicable, having regard to the assistance given by the Contractor in connection with the Tender Process.
45.2.3 The Authority shall notify the Contractor of the Qualification Criteria and the other requirements and terms of the Tender Process, including the timing of the Tender Process but shall act reasonably in setting such requirements and terms.
45.2.4 The Contractor authorises the release of any information by the Authority under the Tender Process which would otherwise be prevented under Clause 59 (Information and Confidentiality) that is reasonably required as part of the Tender Process.
