Common use of TUPE Clause in Contracts

TUPE. 33.1 The parties acknowledge that TUPE is not intended to apply to the commencement of the Services (or any Services) by the Supplier. 33.2 Notwithstanding Clause 33.1, if there is deemed or alleged to be a relevant transfer for the purposes of TUPE upon the commencement of the Services (or any Services) under the Agreement (whether from the Company or a Group Company or a previous supplier as the case may be) such that the employment or engagement or any liability regarding the employment or engagement of any person is found or alleged to transfer to the Supplier or any Related Service Provider or Subcontractor: a) The Supplier will notify the Company of the transfer or alleged transfer and thereafter may terminate, give notice to terminate or procure the termination of the employment or engagement of such person at any time within 28 days of becoming aware of the transfer or alleged transfer; b) The Company shall indemnify and keep the Supplier (for itself and on behalf of any relevant Related Service Provider or Subcontractor) indemnified for and against all and any Losses and Employment Costs suffered or incurred by the Supplier (directly or through an indemnity given to a Subcontractor or Related Service Provider), Related Service Provider or Subcontractor arising out of or in connection with: (i) the employment or engagement and/or termination of employment or engagement of such person in respect of any period prior to the date of the actual or alleged transfer; (ii) any failure by the Company or previous supplier to comply with its obligations under Regulation 13, 14 or otherwise of TUPE; (iii) the termination of such person’s employment or engagement in accordance with Clause 33.2 a); and (iv) the Employment Costs in relation to such person in respect of the period from the date of such actual or alleged transfer to the date of termination of such person’s employment or engagement in accordance with Clause