Transfer Regulations. 23.1 The parties agree that it is not their intention that the Transfer Regulations should apply on their entering into this Agreement.
23.1.1 Notwithstanding the foregoing the parties acknowledge and agree that if the Transfer Regulations apply to the commencement of this Agreement and any Customer employees or employees of Customer suppliers transfer employment to eir evo then the following provisions shall apply:
23.1.2 The Customer shall be liable for and shall indemnify eir evo and keep eir evo indemnified against all damages, losses, liabilities, costs, expenses (including legal and other professional charges and expenses) whether arising under statute, contract or at common law or in connection with judgments, proceedings, internal costs, employment costs or demands arising out of any claim by any person employed by the Customer or the Customer’s supplier relating to or arising out of his/her employment or non-employment or engagement or non-engagement by eir evo including, without limitation, any claim:
23.1.2.1 for breach of contract, wrongful dismissal, unfair dismissal, loss of office, redundancy, loss of earnings or otherwise for which eir evo is or may be liable by reason of the operation of the Transfer Regulations following the commencement of this Agreement; or
23.1.2.2 of whatsoever nature by any third party against eir evo for which eir evo is or may be liable by virtue of the Transfer Regulations.
23.1.2.3 for statutory and non-statutory redundancy payments arising out of or in connection with a dismissal by eir evo of any person whose employment transfers (or is alleged to transfer) to eir evo as a consequence of the Transfer Regulations applying by operation of law or being asserted to so apply or otherwise upon the commencement of this Agreement howsoever or whenever arising. The Customer shall fully indemnify eir evo and hold eir evo harmless keep eir evo indemnified against each and every claim and/or damages, losses, liabilities, costs, expenses (including legal and other professional charges and expenses) whether arising under statute, contract or at common law or in connection with judgements, proceedings, internal costs or demands.
Transfer Regulations. 17.1 Subject to Clause 17.4, the Parties consider that there will be no employees transferring under the Transfer Regulations on commencement or cessation of the provision of any of the Services (or any part of them), irrespective of whether the Services (or the relevant part of them) are taken over from or by Client or a third party.
17.2 If as a consequence of the commencement of the provision of any of the Services (or any part of them) it is found or alleged that the employment of any Client employee has transferred to Supplier, pursuant to the Transfer Regulations or otherwise, Client shall indemnify and keep indemnified Supplier against any employment claims made by such Client employee.
17.3 If as a consequence of the cessation of the provision of any of the Services (or any part of them) it is found or alleged that the employment of any Supplier employee has transferred to Client, pursuant to the Transfer Regulations or otherwise, Supplier shall indemnify and keep indemnified Client against any employment claims made by such Supplier employee.
17.4 Prior to entering into an Agreement, the Parties will discuss in good faith whether any special provisions are required to be included in the Order Form to take into account the risks associated with any transfer under the Transfer Regulations that may occur upon commencement or cessation of the Services under that Agreement, including taking into account any arrangements that Client or any Affiliate of Client may have with third parties where there is a risk that their staff may transfer to Supplier under the Transfer Regulations.
Transfer Regulations. The Company has not entered into any agreement and no event has occurred which may involve the Company in the future acquiring any undertaking or part of one such that the Transfer Regulations may apply thereto.
Transfer Regulations. (a) The Parties do not believe that the Transfer of Undertakings (Protection of Employment) Regulations 2006 and any provisions replacing or amending those provisions (the “Transfer Regulations”) will apply to the transactions which are the subject matter of an Order.
(b) If it is subsequently determined by a court or tribunal of competent jurisdiction that the Transfer Regulations do apply to a transaction which is the subject matter of an Order, the Customer shall indemnify and hold harmless Nettitude and any subcontractor of Nettitude, from and against all liability and loss suffered and any costs and expenses reasonably and properly incurred by Nettitude and any subcontractor of Nettitude as a result of the Transfer Regulations applying, including all liability and loss suffered and any costs and expenses reasonably and properly incurred arising out of or in connection with the employment of former employees of the Customer and/or any employees of any the Customer's other contractors, including breach of statutory duty, any claims for damages for breach of contract and/or compensation for unfair or wrongful dismissal or redundancy arising from any such employees having ceased for any reason to be employed.
Transfer Regulations. The Parties agree that upon termination of any Service or this Agreement, in each case in whole or in part, neither Party intends that any of the Transfer Regulations shall apply so as to transfer the employment or engagement of any of the Provider Personnel to Recipient or any Recipient Affiliate or otherwise.
Transfer Regulations. The Company has not within the three years preceding the date hereof entered into any agreement which involved or may involve the Company (and no event has occurred which may involve the Company in the future) acquiring or disposing of any undertaking or part of one such that the Transfer Regulations applied or may apply thereto.
Transfer Regulations. The Assignor and the Assignee acknowledge and agree that the Transfer of Undertakings (Protection of Employment) Regulations 1981 (the "Transfer Regulations") apply to this Agreement and the transfer of the Business effected by this Agreement is a "relevant transfer" within the meaning of those regulations and that in accordance with the Transfer Regulations:
(a) the contracts of employment between the Assignor and the persons listed in Schedule 2.1 (the "Employees") (save insofar as such contracts relate to any occupational pension scheme or to any Employee who informs the Assignor or the Assignee that he objects to becoming employed by the Assignee under Regulation 5(4A) of the Transfer Regulations) will have effect after Closing as if originally made between the Assignee and the Employees;
(b) on Closing all the Assignor's rights, powers, duties and liabilities under or in connection with each such contract will be transferred to the Assignee; and
(c) anything done before Closing by or in relation to the Assignor in respect of each such contract or any Employee will be deemed to have been done by or in relation to the Assignee.
Transfer Regulations. The parties accept that this Agreement and the sale of the Business to be effected by it are governed by the Transfer Regulations and the following provisions shall apply in connection therewith:
9.1.1 the contract of employment (save in so far as such contract relates to any occupational pension scheme) of each of the Relevant Employees (except for persons who exercise their right under Regulation 5(4A) of the Transfer Regulations) shall be transferred to Purchaser A with effect from the Completion Date pursuant to the Transfer Regulations;
9.1.2 EFPL (or a member of its Group) shall pay to the Relevant Employees all sums to which they are entitled and which are due and payable on or before the Completion Date. Purchaser A will discharge all obligations thereafter;
9.1.3 EFPL shall indemnify Purchaser A and keep Purchaser A indemnified (on an after tax basis) against all Losses which relate to or arise out of any dismissal by EFPL, or by a member of its Group, of any employee (not being a Relevant Employee) before the Completion Date and which Purchaser A may incur pursuant to the provisions of the Transfer Regulations;
Transfer Regulations. To the extent applicable, the parties hereto acknowledge the application of the Transfer Regulations and acknowledge and agree that they shall, and shall cause their respective subsidiaries to, comply with the Transfer Regulations.
Transfer Regulations. In the past 12 months preceding the date of this Agreement no Group Company has entered into any agreement further to which it has acquired any undertaking or part of one such that the Transfer Regulations apply thereto.
