Withdrawal from this Agreement. 11.1 An Authority may withdraw from this Agreement in accordance with the following procedure: 11.1.1 Any Authority which wishes to withdraw from this Agreement shall give not less than twelve months written notice to expire on 31st March next following to the Secretary to the Joint Committee of its intention to do so. The Secretary to the Joint Committee or his or her nominee shall consult the Authorities upon which such notice has been served giving due consideration to: 11.1.1.1 any loss of funding arising from such withdrawal and including any non-payment, clawback or repayment of such funding; and 11.1.1.2 any other loss, liability, damage, claim or expense; which would be incurred by the Authorities upon which notice has been served by reason of such withdrawal from this Agreement. 11.2 Should a Authority cease to be a shareholder in or to be contractually bound to BCPP then it shall be treated as having given notice of withdrawal under the provisions of Clause 11.1 hereof save that such notice shall have immediate effect. 11.3 An Authority wishing to withdraw from this Agreement undertakes as a condition of such withdrawal to make, prior to withdrawal, such reasonable payment or payments which fairly reflect the actual losses caused by or anticipated as a result of the withdrawal as shall be determined by the other Authorities and no notice under this clause 11 shall take effect unless and until such payment has been agreed. 11.4 Each Authority reserves the right to recover from any Withdrawing Authority the costs of any claims, costs, expenses, losses or liabilities of any nature or which have been caused by any act or omission of the Withdrawing Authority in connection with this Agreement and which are discovered after the withdrawal from this Agreement.
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Samples: Agreement to Cooperate in the Pooling of Local Government Pension Scheme Investments, Agreement to Cooperate in the Pooling of Local Government Pension Scheme Investments
Withdrawal from this Agreement. 11.1 An Authority may withdraw from this Agreement in accordance with the following procedure:
11.1.1 Any Authority which wishes to withdraw from this Agreement shall give not less than twelve months written notice to expire on 31st March next following to the Secretary to the Joint Committee of its intention to do so. The Secretary to the Joint Committee or his or her nominee shall consult the other Authorities upon which such notice has been served giving due consideration to:
11.1.1.1 any loss of funding arising from such withdrawal and including any non-payment, clawback or repayment of such fundingfunding whether due under this Agreement or otherwise; and
11.1.1.2 any other loss, liability, damage, claim or expense; which would be incurred by the other Authorities upon which notice has been served by reason of such withdrawal from this Agreement.
11.1.2 Following the expiry of the notice given in clause 11.1.1, the Authority shall cease to be a member of the Joint Committee but shall be subject to the rest of this clause 11.
11.2 Should a an Authority cease to be a shareholder in or to be contractually bound to BCPP then it shall be treated as having given notice of withdrawal under the provisions of Clause
Clause 11.1 hereof save that such notice shall have immediate effect. For the avoidance of doubt, an Authority who ceases to be both a shareholder in BCPP and a member of the Joint Committee shall continue to have responsibility for complying with regulation 7(2)(d) of the LGPS Investment Regulations (pooling requirements) in accordance with its own constitution but without reference to the other parties to this Agreement or BCPP.
11.3 An Authority wishing to withdraw from this Agreement undertakes as a condition of such withdrawal to make, prior to withdrawal, such reasonable payment or payments which fairly reflect the actual losses caused by or anticipated as a result of the withdrawal as shall be determined by the other Authorities and no notice under this clause 11 shall take effect unless and until such payment has been agreed.
11.4 Each Authority reserves the right to recover from any Withdrawing Authority the costs of any claims, costs, expenses, losses or liabilities of any nature or which have been caused by any act or omission of the Withdrawing Authority in connection with this Agreement and which are discovered after the withdrawal from this Agreement.
11.5 This clause 11.5 applies if any of the Authorities is abolished or ceases to be an administering authority in circumstances where another local authority becomes the administering authority in place of the Authority.
11.5.1 Where this clause applies, the Authority affected and the remaining Authorities shall, subject to any contrary provision in any statutory order made in connection with the abolition or change in administering authority, make such arrangements as are necessary to enable the Authority affected to withdraw from this Agreement and, where relevant, to be replaced as a party to this Agreement by the replacement administering authority or authorities, provided that the replacement administering authority so consents.
11.5.2 Where this clause applies, and subject to any contrary provision in any statutory order made in connection with the abolition or change in administering authority, the remaining Authorities and the replacement administering authority or authorities shall enter into a deed of variation in accordance with the variation process set out in clause 10.5.
11.5.3 For the avoidance of doubt, where an affected Authority withdraws from this Agreement in the circumstances set out in this clause 11.5, such withdrawal shall be deemed not to be a withdrawal for the purposes of clauses 11.1.
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Samples: Amended and Restated Agreement
Withdrawal from this Agreement. β
11.1 An Authority may withdraw from this Agreement in accordance with the following procedure:
11.1.1 Any Authority which wishes to withdraw from this Agreement shall give not less than twelve months written notice to expire on 31st March next following to the Secretary to the Joint Committee of its intention to do so. The Secretary to the Joint Committee or his or her nominee shall consult the other Authorities upon which such notice has been served giving due consideration to:
11.1.1.1 any loss of funding arising from such withdrawal and including any non-payment, clawback or repayment of such fundingfunding whether due under this Agreement or otherwise; and
11.1.1.2 any other loss, liability, damage, claim or expense; which would be incurred by the other Authorities upon which notice has been served by reason of such withdrawal from this Agreement.
11.1.2 Following the expiry of the notice given in clause 11.1.1, the Authority shall cease to be a member of the Joint Committee but shall be subject to the rest of this clause 11.
11.2 Should a an Authority cease to be a shareholder in or to be contractually bound to BCPP then it shall be treated as having given notice of withdrawal under the provisions of Clause
Clause 11.1 hereof save that such notice shall have immediate effect. For the avoidance of doubt, an Authority who ceases to be both a shareholder in BCPP and a member of the Joint Committee shall continue to have responsibility for complying with regulation 7(2)(d) of the LGPS Investment Regulations (pooling requirements) in accordance with its own constitution but without reference to the other parties to this Agreement or BCPP.
11.3 An Authority wishing to withdraw from this Agreement undertakes as a condition of such withdrawal to make, prior to withdrawal, such reasonable payment or payments which fairly reflect the actual losses caused by or anticipated as a result of the withdrawal as shall be determined by the other Authorities and no notice under this clause 11 shall take effect unless and until such payment has been agreed.
11.4 Each Authority reserves the right to recover from any Withdrawing Authority the costs of any claims, costs, expenses, losses or liabilities of any nature or which have been caused by any act or omission of the Withdrawing Authority in connection with this Agreement and which are discovered after the withdrawal from this Agreement.
11.5 This clause 11.5 applies if any of the Authorities is abolished or ceases to be an administering authority in circumstances where another local authority becomes the administering authority in place of the Authority.
11.5.1 Where this clause applies, the Authority affected and the remaining Authorities shall, subject to any contrary provision in any statutory order made in connection with the abolition or change in administering authority, make such arrangements as are necessary to enable the Authority affected to withdraw from this Agreement and, where relevant, to be replaced as a party to this Agreement by the replacement administering authority or authorities, provided that the replacement administering authority so consents.
11.5.2 Where this clause applies, and subject to any contrary provision in any statutory order made in connection with the abolition or change in administering authority, the remaining Authorities and the replacement administering authority or authorities shall enter into a deed of variation in accordance with the variation process set out in clause 10.5.
11.5.3 For the avoidance of doubt, where an affected Authority withdraws from this Agreement in the circumstances set out in this clause 11.5, such withdrawal shall be deemed not to be a withdrawal for the purposes of clauses 11.1.
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