19. TRANSFER OF EMPLOYMENT

19.1 [Whilst, at the Commencement Date, the Parties do not envisage that a Relevant Transfer will apply in relation to the provision of the Partnering Services by or on behalf of hubco or as a result of it carrying out its general business activities]5 the provisions of Schedule Part 15 (Transfer of Employment and Pensions) shall apply in relation to any transfers of staff to hubco or any Partnering Subcontractor pursuant to or necessitated by this Agreement (excluding transfers pursuant to or necessitated by a Project Agreement to which such Project Agreement shall apply). It is the Parties' intention that the costs of such transfers should be fully recovered through Project Development Fees to be received after the date of that transfer or as otherwise agreed between the Parties.

19.2 hubco shall be obliged to act in such a manner and to manage its affairs to ensure, to the extent it is within its powers, that the effect of Clause 19.1 upon each of the Participants is mitigated.

19.3 The provisions of Schedule Part 20 (Handover on Expiry or Termination) shall apply in relation to any transfers of staff on expiry or termination of this Agreement.




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5 Review and consider whether appropriate on a Territory by Territory basis.