Common use of PRE-SERVICE TRANSFER OBLIGATIONS Clause in Contracts

PRE-SERVICE TRANSFER OBLIGATIONS. The SERVICE PROVIDER agrees that, subject to compliance with the Data Protection Legislation: within twenty (20) Working Days of the earliest of: receipt of a notification from the SoSCUSTOMER of a Service Transfer or intended Service Transfer; or receipt of the giving of notice of early termination of this Contract or any part thereof; or the date which is six (6) months before the due expiry date of this Contract, it shall provide a list of those of its, or its Sub-Contractors', employees who are wholly or mainly assigned to the provision of the Ordered Software Application Solutions which the SERVICE PROVIDER believes will transfer to the CUSTOMER or the replacement service provider (as the case may be), together with Staffing Information in relation to such employees; at least ten (10) Working Days prior to the Service Transfer Date, the SERVICE PROVIDER shall provide to the SoSCUSTOMER for itself or on behalf of any replacement service provider (as the case may be) a final list of employees which shall transfer under TUPE (the “Transferring Service Provider Employees”); and the SoSCUSTOMER shall be permitted to use and disclose information provided by the SERVICE PROVIDER under paragraph 5 of this Schedule for informing any tenderer or other prospective replacement service provider. The SERVICE PROVIDER warrants that the information provided under paragraph 5 of this Schedule shall be true and accurate. From the date of the earliest event referred to in paragraphs 5.1.1.1 to 5.1.1.3 of this Schedule, the SERVICE PROVIDER agrees that it shall not, and agrees to procure that its Sub-Contractors shall not, other than in the ordinary course of business, in respect of those employees engaged in the provision of the Ordered Software Application Solutions: increase or reduce the total number of employees so engaged, or give notice to terminate the employment of any such employees; or replace or re-deploy any such employee other than where any replacement is of equivalent grade, skills, experience and expertise; or make, promise, propose or permit any changes to their terms and conditions of employment (including any payments connected with the termination of employment).

PRE-SERVICE TRANSFER OBLIGATIONS. 3.1 The SERVICE PROVIDER Provider agrees that, subject to compliance with the Data Protection Legislation: : 3.1.1 within twenty (20) 20 Working Days of the earliest of: : (a) receipt of a notification from the SoSCUSTOMER Council of a Service Transfer or intended Service Transfer; or or (b) receipt of the giving of notice of early termination of this Block Contract or any part thereof; or or (c) the date which is six (6) months or less before the due expiry date of this Block Contract, it shall provide a list of those of its, or its Sub-Contractors'contractors, employees who are wholly or mainly assigned to the provision of the Ordered Software Application Solutions Services which the SERVICE PROVIDER Provider believes will transfer to the CUSTOMER Council or the replacement service provider (as the case may be), together with Staffing Information in relation to such employees; ; 3.1.2 at least ten (10) 10 Working Days prior to the Service Transfer Date, the SERVICE PROVIDER Provider shall provide to the SoSCUSTOMER Council for itself or on behalf of any replacement service provider (as the case may be) a final list of employees which shall transfer under TUPE (the “Transferring Service Provider Employees”); and and 3.1.3 the SoSCUSTOMER Council shall be permitted to use and disclose information provided by the SERVICE PROVIDER Provider under paragraph 5 Paragraph 3 of this Schedule 4 for informing any tenderer or other prospective replacement service provider. . 3.2 The SERVICE PROVIDER Provider warrants that the information provided under paragraph 5 Paragraph 3 of this Schedule 4 shall be true and accurate. . 3.3 From the date of the earliest event referred to in paragraphs 5.1.1.1 Paragraphs 3.1.1 (a) to 5.1.1.3 3.1.1(c) of this ScheduleSchedule 4, the SERVICE PROVIDER Provider agrees that it shall not, and agrees to procure that its Sub-Contractors contractors shall not, other than in the ordinary course of business, in respect of those employees engaged in the provision of the Ordered Software Application Solutions: Services: 3.3.1 increase or reduce the total number of employees so engaged, or give notice to terminate the employment of any such employees; or or 3.3.2 replace or re-deploy any such employee other than where any replacement is of equivalent grade, skills, experience and expertise; or or 3.3.3 make, promise, propose or permit any changes to their terms and conditions of employment (including any payments connected with the termination of employment).

PRE-SERVICE TRANSFER OBLIGATIONS. The SERVICE PROVIDER agrees that, subject to compliance with the Data Protection Legislation: within twenty (20) Working Days of the earliest of: receipt of a notification from the SoSCUSTOMER CUSTOMER of a Service Transfer or intended Service Transfer; or receipt of the giving of notice of early termination of this Contract or any part thereof; or the date which is six (6) months before the due expiry date of this Contract, it shall provide a list of those of its, or its Sub-Contractors', employees who are wholly or mainly assigned to the provision of the Ordered Software Application Solutions which the SERVICE PROVIDER believes will transfer to the CUSTOMER or the replacement service provider (as the case may be), together with Staffing Information in relation to such employees; at least ten (10) Working Days prior to the Service Transfer Date, the SERVICE PROVIDER shall provide to the SoSCUSTOMER CUSTOMER for itself or on behalf of any replacement service provider (as the case may be) a final list of employees which shall transfer under TUPE (the “Transferring Service Provider Employees”); and the SoSCUSTOMER CUSTOMER shall be permitted to use and disclose information provided by the SERVICE PROVIDER under paragraph 5 of this Schedule for informing any tenderer or other prospective replacement service provider. The SERVICE PROVIDER warrants that the information provided under paragraph 5 of this Schedule shall be true and accurate. From the date of the earliest event referred to in paragraphs 5.1.1.1 to 5.1.1.3 of this Schedule, the SERVICE PROVIDER agrees that it shall not, and agrees to procure that its Sub-Contractors shall not, other than in the ordinary course of business, in respect of those employees engaged in the provision of the Ordered Software Application Solutions: increase or reduce the total number of employees so engaged, or give notice to terminate the employment of any such employees; or replace or re-deploy any such employee other than where any replacement is of equivalent grade, skills, experience and expertise; or make, promise, propose or permit any changes to their terms and conditions of employment (including any payments connected with the termination of employment).