27.10.  Claims from Eligible Employees or Trade Unions

27.10.1.  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 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 Service Provider and/or any relevant Sub- Contractor to comply with the provisions of this clause 27 before the date of termination or expiry of this Agreement

and the Authority and the Service Provider or relevant sub-contractor agree that clause ♦ 43 of this Agreement (Contracts (Rights of Third Parties) Act 1999) shall not apply to this clause 27.10.

__________________________________________________________________________________________

43  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).  [This clause will need to be cross referenced with the clause dealing with third party rights which will be found elsewhere in the Agreement.]