30.10  Claims from Eligible Employees or Trade Unions

The Contractor hereby indemnifies the Authority and/or any Future Contractor 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 Contractor and/or of any 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 date of termination or expiry of this Agreement; or

(b)  arise out of the failure of the Contractor and/or any relevant sub-contractor to comply with the provisions of this clause 30 (Pensions) before the date of termination or expiry of this Agreement

and the Authority and the Contractor agree that clause 2.2 (Third Party Rights) shall not apply to this clause 30.10 (Claims from Eligible Employees or Trade Unions).154

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154  The Direction requires that so far as the terms of the Agreement relate to the securing of pension protection for an original transferring employee, such terms are enforceable by the employee (see above for further details).