such Employees were or such other person was employed by the Contractor.
The Contractor shall indemnify and keep indemnified the PCT against any Loss incurred from any change or proposed change to the terms and conditions of employment of any Employees where such change is or is proposed to be effected following the transfer of any such person pursuant to the Contract and in respect of any Loss incurred by the PCT arising from the employment or proposed employment of any such Employee otherwise than on terms the same as those enjoyed by any such person immediately prior to such transfer.]68
Upon the day which is six (6) months before the Termination Date or as soon as the Contractor is aware of the proposed termination of the Contract or the provision by it of the Services the Contractor shall upon the request of the PCT and to the extent permitted by law, supply to the PCT all information required by the PCT as to the terms and conditions of employment and employment history of any employees then assigned by the Contractor to the provision of the Services and shall warrant the accuracy of such information.
Except with the prior written consent of the PCT, the Contractor shall not vary any terms and conditions of employment of any employee or any policy or collective agreement applicable to any employee then assigned by the Contractor to the provisions of the Services (provided always that this provision shall not affect the right of the Contractor to give effect to any pre-existing contractual obligation to any such employee) nor remove or replace any particular employee so assigned (unless requested by such employee or upon the resignation of such employee in which case the Contractor shall replace such person with another person of similar skills, qualifications and experience) after the PCT has served notice of the termination of the Contract or after the Contractor shall have otherwise become aware of the proposed termination of the Contract or the provision by it of the Services.
PART 21 GIFTS69
68 PCTs may decide that these indemnity clauses are inappropriate in the case of providers with few resources.
69 APMS Direction 5(1)(z) requires Clauses 21.1 to 21.6 to be included, apart from 21.2.3 and 21.2.4. In addition, Direction 5(2) requires PCTs to consider whether the provisions should also apply to gifts given to the Contractor itself and to its directors etc (in which case Clauses 21.2.3 and 21.2.4 should be included.)