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27 These provisions are drafted on the basis that the employer of the Transferring Employees is a party to the Territory Partnering Agreement (ie a Health Board or Local Authority Participant). In the event that the employer is not a party to the Territory Partnering Agreement), then any employees who are to transfer will be considered to be Transferring Non-Participant Employees for the purposes of these provisions. This will need to be considered further on a case-by--case basis.