25.1 The Authority and Project Co agree that the Transfer Regulations shall apply to the transfer on one or more dates agreed by the parties (each a "Relevant Service Transfer Date") to Project Co of responsibility for the provision of (or procuring the provision by Service Providers of) the Services in accordance with this Agreement and that an Employee Transfer shall take place on each Relevant Service Transfer Date (or such date as may be determined by Law). The Relevant Service Transfer Date in respect of the Services is specified in [ ].
25.2 As a consequence of Clause 25.1, and in accordance with the Transfer Regulations, the contracts of employment of all Transferring Employees shall (subject to Regulation 4(7) of the Transfer Regulations) have effect after the Relevant Service Transfer Date (or such other date as may be determined by Law) as if originally made between those employees and the relevant Service Provider except insofar as such contracts relate to an occupational pension scheme.
25.3 The Authority and Project Co agree and intend and shall take all reasonable steps to procure that there shall be an Employee Transfer on each occasion on which the identity of a Service Provider changes pursuant to this Agreement, and that the contracts of employment of all those employees of the relevant Service Provider wholly or mainly engaged in the provision of the relevant Service or Services immediately before the change of identity of the Service Provider shall have effect (subject to Regulation 4(7) of the Transfer Regulations) thereafter as if originally made between those employees and the relevant Service Provider except insofar as such contracts relate to an occupational pension scheme. Project Co shall procure that both the former and the relevant Service Provider shall comply with their obligations under the Transfer Regulations.
25.4 [If Project Co or the relevant Service Provider dismisses by reason of redundancy a Transferring Authority Employee who had he or she been so dismissed before the Relevant Service Transfer Date would have been entitled to a payment pursuant to [section 45 of the Whitely Agreement or section 16 of the Agenda for Change] then Project Co shall provide, or shall procure that the relevant Service Provider shall provide, such employee with a payment or other benefit calculated in the same manner as would have been applied on dismissal by reason of redundancy immediately before the Relevant Service Transfer Date. For these purposes a dismissal by reason of redundancy is one so defined in section 139 of the Employment Rights Act 1996. If the provisions of this Clause 25.4 and the provisions of Clause 26.8 apply (or would apply but for this provision) to the same circumstances, then the provisions of Clause 26.8 shall apply instead of this Clause 25.4.]
25.5 The Authority shall comply with its obligations under the Transfer Regulations in respect of each Employee Transfer pursuant to this Agreement and Project Co shall comply, and shall procure that the relevant Service Provider shall comply, with its obligations (including without limitation the obligation under Regulation 13(4) of the Transfer Regulations) in respect of each Employee Transfer pursuant to this Agreement and each of the Authority and Project Co shall indemnify the other against any Direct Losses sustained as a result of any breach of this Clause 25.5 by the party in default.