Common use of Retendering Clause in Contracts

Retendering. 2.8.1 The Contractor will (and will procure that any Subcontractor will) within the period of 12 months immediately preceding the expiry of this contract or following the service of a notice under clause 90 (Termination) or as a consequence of the Employer notifying the Contractor of its intention to re-tender this contract: 2.8.1.1 on receiving a request from the Employer provide in respect of any person engaged or employed by the Contractor or any Subcontractor in the provision of any service which is part of the service (the “Assigned Employees”) full and accurate details regarding the number, age, sex, length of service, job title, grade and terms and conditions of employment of and other matters affecting each of those Assigned Employees who it is expected, if they remain in the employment of the Contractor or of any Subcontractor as the case may be until immediately before the termination date, would be Returning Employees (the “Retendering Information”), 2.8.1.2 provide the Retendering Information promptly and at no cost to the Employer, 2.8.1.3 notify the Employer forthwith in writing of any material changes to the Retendering Information promptly as and when such changes arise, 2.8.1.4 be precluded from making any material increase or decrease in the numbers of Assigned Employees other than in the ordinary course of business and with the Employer’s prior written consent (not to be unreasonably withheld or delayed), 2.8.1.5 be precluded from making any increase in the remuneration or other change in the terms and conditions of the Assigned Employees other than in the ordinary course of business and with the Employer’s prior written consent, which should not be unreasonably withheld and 2.8.1.6 be precluded from transferring any of the Assigned Employees to another part of its business or moving other employees from elsewhere in its or their business who have not previously been employed or engaged in providing any part of the service to provide any such works and services save with the Employer’s prior written consent (not to be unreasonably withheld or delayed). 2.8.2 Without prejudice to paragraphs 2.8.1 and 2.8.3 of Part 1 of this schedule, the Contractor will provide and will procure that any Subcontractor will provide the Employee Liability Information to the Employer at such time or times as are required by TUPE, and will warrant at the time of providing such Employee Liability Information, that such information will be updated to take account of any changes to such information as is required by TUPE. 2.8.3 The Contractor will and will keep indemnified in full the Employer and at the Employer’s request any Incoming Contractor against all Direct Losses arising from any claim by any Party as a result of the Contractor or Subcontractor failing to provide or promptly to provide the Employer and/or any Incoming Contractor where requested by the Employer with any Retendering Information and/or Employee Liability Information or to provide full Retendering Information and/or Employee Liability Information or as a result of any material inaccuracy in or omission from the Retendering Information and/or Employee Liability Information provided that this indemnity will not apply in respect of the Retendering Information to the extent that such information was originally provided to the Contractor by the Employer and was materially inaccurate or incomplete when originally provided.

Retendering. 2.8.1 2.7.1. The Contractor will shall (and will shall procure that any Subcontractor willSub-Contractor shall) within the period of 12 twelve (12) months immediately preceding the expiry of this contract Contract or following the service of a notice under clause 90 paragraph 2.8 (TerminationTermination of Contract) or as a consequence of the Employer Authority notifying the Contractor of its intention to re-tender retender this contractContract: 2.8.1.1 2.7.1.1. on receiving a request from the Employer Authority provide in respect of any person engaged or employed by the Contractor or any Subcontractor Sub-Contractor in the provision of any service which is part of the service Services (“the “Assigned Employees”) full and accurate details regarding the number, age, sex, length of service, job title, grade and terms and conditions of employment of and other matters affecting each of those Assigned Employees who it is expected, if they remain in the employment of the Contractor or of any Subcontractor Sub-Contractor as the case may be until immediately before the termination dateTermination Date, would be Returning Employees (the “Retendering Information”),; 2.8.1.2 2.7.1.2. provide the Retendering Information promptly and at no cost to the Employer,Authority; 2.8.1.3 2.7.1.3. notify the Employer Authority forthwith in writing of any material changes to the Retendering Information promptly as and when such changes arise,; 2.8.1.4 2.7.1.4. be precluded from making any material increase or decrease in the numbers of Assigned Employees other than in the ordinary course of business and save with the EmployerAuthority’s prior written consent (not to be unreasonably withheld or delayed),consent; 2.8.1.5 2.7.1.5. be precluded from making any increase in the remuneration or other change in the terms and conditions of the Assigned Employees other than in the ordinary course of business and with the EmployerAuthority’s prior written consent, which should not be unreasonably withheld ; and 2.8.1.6 2.7.1.6. be precluded from transferring any of the Assigned Employees to another part of its business or moving other employees from elsewhere in its or their business who have not previously been employed or engaged in providing any part of the service Services to provide any such works and services the Services save with the EmployerAuthority’s prior written consent (not to be unreasonably withheld or delayed)consent. 2.8.2 Without prejudice to paragraphs 2.8.1 and 2.8.3 of Part 1 of this schedule, the Contractor will provide and will procure that any Subcontractor will provide the Employee Liability Information to the Employer at such time or times as are required by TUPE, and will warrant at the time of providing such Employee Liability Information, that such information will be updated to take account of any changes to such information as is required by TUPE. 2.8.3 2.7.2. The Contractor will shall and will shall keep indemnified in full the Employer Authority and at the EmployerAuthority’s request any Incoming Contractor Future Service Provider against all Direct Losses arising from any claim by any Party party as a result of the Contractor or Subcontractor Sub-Contractor failing to provide or promptly to provide the Employer and/or any Incoming Contractor where requested by the Employer Authority with any Retendering Information and/or Employee Liability Information or to provide full Retendering Information and/or Employee Liability Information or as a result of any material inaccuracy in or omission from the Retendering Information and/or Employee Liability Information provided that this indemnity will Information. 2.7.3. This paragraph 2.7 does not apply in respect to the conduct of the Retendering Information to the extent that such information was originally provided to the Contractor Market Testing of any Services (which shall be governed by the Employer provisions of Schedule 32 (Benchmarking and was materially inaccurate or incomplete when originally providedMarket Testing).