A.  Introduction

In each part of this Schedule 16 the following expressions (in addition to those specified in Schedule 1 (Definitions and Interpretation)) shall, save where the context or the express provisions of this Agreement otherwise requires or admits, have the following meanings:

Associated Entity means:

(a)  an Associate of any of the Service Provider, the FM Contractor, the Services Contractor, the Construction Contractor or the Shareholders;

(b)  any partner in any partnership or any person who participates in any profit sharing or joint purse arrangement, in each case to which any of the Service Provider, the FM Contractor, the Services Contractor, the Construction Contractor, the Shareholders or any person mentioned in paragraph (a) is also a party;

(c)  any shareholder, director, officer or employee of any of the persons referred to in paragraphs (a) and (b) or any of those persons' spouses, children, step-children or partners; or

(d)  any body corporate of which any person referred to in (c) above is a shareholder, director, officer or employee

Compliant Tender means a tender received from a Tenderer which complies with the Tender Requirements

Draft Proposal has the meaning given to it in paragraph 4.1 (Market Testing Proposal) of this Schedule 16

Excluded Person means the Service Provider, any Associated Entity, any sub-contractor of an Associated Entity or any Associate of their respective sub-contractors

Market Testing means the process described in this Schedule 16 and the term Market Tested shall be construed accordingly

Market Testing Meeting means a meeting convened in accordance with paragraph 2.1 (Market Testing Programme) of this Schedule 16

Market Testing Proposal means the final version of the Draft Proposal, as agreed by the parties or as determined, in either case, in accordance with this Schedule 16

Preferred Tenderer(s) means, following the Market Testing of any Market Tested Service, any group of Market Tested Services or any part of any Market Tested Service (as the case may be), the Tenderer(s) selected to provide such services in accordance with the provisions of paragraph 7 (Preferred Tenderers) of this Schedule 16

Prospective Tenderers means those persons who express an interest in being requested to prepare and submit tenders for each Market Tested Service, group of Market Tested Services or any part of any Market Tested Service (as the case may be)

Relevant Employees means all of the employees of the Services Contractor who are engaged wholly or mainly in the provision of the Market Tested Services for which the Tenderers are tendering1

Tenderers means those of the Prospective Tenderers selected to submit tenders in accordance with paragraph 5 (Selection of Tenderers) of this Schedule 16

Tender Requirements means the form and requirements of the tender documents to be sent to Tenderers as agreed or determined in accordance with the provisions of this Schedule 16

Tender Validity Period means the period within which tenders from Tenderers must be received if they are to be valid

TUPE Information means information relating to the terms and conditions, job title, age, length of service and benefits of the employees of the Services Contractor who are engaged wholly or mainly in the provision of the Market Tested Services

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1 DN - Authority to check defined term is compatible with clause 31 (TUPE and Employment Matters) and clause 32 (Employment Obligations on Expiry/Termination) used in employment clauses.