33.12  Claims from Eligible Employees or Trade Unions

The Service Provider hereby indemnifies the Authority and/or any Future Service Provider and, in each case, their sub-contractors from and against all Direct Losses suffered or incurred by it or them which arise from claims by Eligible Employees of the Service Provider and/or of any relevant sub-contractor or by any trade unions, elected employee representatives or staff associations in respect of all or any such Eligible Employees which losses:

(a)  relate to pension rights in respect of periods of employment on and after the Relevant Transfer Date until the Expiry Date or Termination Date;  or

(b)  arise out of the failure of the Service Provider and/or any relevant sub-contractor to comply with the provisions of this clause 33.12 before the Expiry Date or Termination Date,

and the Authority and the Service Provider agree that clause 64 (Third Party Rights) shall not apply to this clause 33.12.51

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51  The Direction requires that so far as the terms of the Contract relate to the securing of pension protection for an original transferring employee, such terms are enforceable by the employee.