33.10  Undertaking from the Service Provider

The Service Provider undertakes to the Authority (for the benefit of the Authority itself and for the Authority as agent and trustee for the benefit of the Eligible Employees) that:

(a)  all information which the Authority or their respective professional advisers may reasonably request from the Service Provider or any relevant sub-contractor for the administration of the LGPS or concerning any other matters raised in clause 33.7, clause 33.8 or Part 4 of Schedule 14 (Employment Matters) will be supplied to them as expeditiously as possible;

(b)  it shall not [and shall procure that any relevant sub-contractors shall not,] without the consent in writing of the Authority (which will only be given subject to the payment by the Service Provider or the relevant sub-contractor of such reasonable costs as the Authority or the Administering Authority may require) consent to instigate, encourage or assist any event which could impose on the Scheme or on the Authority a cost in respect of any Eligible Employee greater than the cost which would have been payable in respect of that Eligible Employee had that consent, instigation, encouragement or assistance not been given;

(c)  until the Relevant Transfer Date, it shall not and shall procure that any relevant sub-contractor shall not issue any announcements (whether in writing or not) will be made to the Eligible Employees concerning the matters stated in clauses 33.1 to 33.6 (inclusive) without the consent in writing of the Authority and the Administering Authority (not to be unreasonably withheld or delayed);  

(d)  it shall not, and shall procure that any relevant sub-contractor shall not, take or omit to take any action which would materially affect the benefits under the Scheme or the Service Provider Scheme of any Eligible Employees who are or will be employed wholly or partially in connection with the Services without the prior written agreement of the Authority not to be unreasonably withheld or delayed provided that the Service Provider and/or such relevant sub-contractor will be so entitled without the requirement of consent to give effect to any pre-existing contractual obligations to any Eligible Employees; and

(e)  it shall and shall procure that any relevant sub-contractor shall offer any of its Eligible Employee who ceases to be engaged in the provision of the Services and thereby ceases to be eligible for membership of the LGPS membership of the Service Provider Scheme as soon as reasonably practicable after ceasing to be so engaged.