Common use of RELEVANT TRANSFERS Clause in Contracts

RELEVANT TRANSFERS. 2.1.1 The Employer and the Contractor agree that the following events: 2.1.1.1 the Relevant Transfer Date and 2.1.1.2 where the identity of a provider (including the Employer) of any works or services which constitutes or which will constitute part of the service is changed, whether in anticipation of changes pursuant to the contract or not, constitute a Relevant Transfer and that the contracts of employment of any Relevant Employees will have effect (subject to Regulation 4(7) of TUPE) thereafter as if originally made between those employees and the Contractor and/or its Subcontractor except insofar as such contracts relate to those parts of an occupational pension scheme relating to the old age, invalidity and survivors’ benefits (save as required under section 257 and 258 of the Pensions Act 2004). On the occasion of a Relevant Transfer (save on expiry or termination of the contract) the Contractor will procure that the former and the new Subcontractor will both comply with their obligations under TUPE. 2.1.2 The Employer will comply with its obligations under TUPE in respect of each Relevant Transfer pursuant to the contract and the Contractor will comply and will procure that each Subcontractor will comply with its obligations (including without limitation the obligation under Regulation 13(4) of TUPE) in respect of each Relevant Transfer pursuant to the contract and each of the Employer and the Contractor will indemnify the other against any Direct Losses sustained as a result of any breach of this paragraph 2.1.2 by the Party in default.