3.A.12.  Transfer to another Employer

3.A.12.1.  Save on expiry or termination of this Contract, if the employment of any Eligible Employee transfers to another employer (by way of a transfer under TUPE) the Contractor shall and shall procure that any relevant Sub-Contractor and Secondary Contractor shall:

(a)  consult with and inform those Eligible Employees of the pension provisions relating to that transfer; and

(b)  procure that the employer to which the Eligible Employees are transferred (the "New Employer") complies with the provisions of this paragraph 3.A provided that references to the "Sub-Contractor" will become references to the New Employer, references to "Relevant Transfer Date" will become references to the date of the transfer to the New Employer and references to "Eligible Employees" will become references to the Eligible Employees so transferred to the New Employer.