Provide a continuation for this: 1. Definitions 1.1 In this Agreement: 1.1.1 the following expressions have the following meanings unless inconsistent with the context: "the Act" means the Employment Rights Act 1996. "Additional Charges" means the charges to be calculated by SEV on a time and materials basis at the rates described in Clause 7 of this Agreement in respect of the provision of Excepted Services pursuant to Clause 6 of this Agreement. "Agreement" means this agreement including the Schedules and the appendix made between SEV and DCL "Bodywork" means, without limitation, the panels, doors, glazing, trim, seating and any custom built additions not supplied by the original Vehicle manufacturer "CDV" means an Engine powered car derived van included in this Agreement "Charger" means the battery charger and related equipment of an EGV. "Chassis" means the main frame, sub-frames and mounting brackets of the vehicle "Code of Practice" means the HMSO code of practice set out in the appendix "Commencement Date" means 16 October 2005. "Contracted Period" means the period during which this Agreement is in effect. "Contract Procedure Manual" means a separate operating manual that identifies procedures and documentation relevant to this Agreement. "DCL Financial Year" means the period of 12 (twelve) months commencing on the first day of each financial year of DCL during the term of this Agreement as notified by DCL to SEV in writing or as otherwise agreed between the parties in writing (and, in the
 DATED 13 October 2005 DCL
DAIRY CREST LIMITED (Company no 2085882) whose registered office is at Claygate House, Littleworth Road, Esher, Surrey KT10 9PN SEV
SEV GROUP LIMITED (company no 4463640) whose registered office is at Unit 95/2, Tanfield Lea Industrial Estate North, Stanley, Co Durham, DH9 9NX
 ***Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission. absence of such notification or agreement, the period of 12 (twelve) months commencing on 1 April each year during the term of this Agreement). "EGV" means an electric powered goods vehicle included in this Agreement. "Employees" means the employees employed by SEV during the Contracted Period who provide the Maintenance Services, including but not limited to the Transferring Employees and/or the Future Transferring Employees "Employment Costs" means all salaries, wages, commissions, bonuses, all statutory contributions, holiday pay (including payment for accrued but untaken holiday), national insurance contributions, pension contributions made to or on behalf of an employee, taxation (including all income tax deductible under PAYE) and all other employment costs. "Engine" means an internal combustion engine consisting of the main engine block and head plus all the internal components thereof. "Excepted Services" means those services referred to in Clause 6.1 of this Agreement which do not fall within Maintenance Services. "Final Future Transferring Employees List" means the list of Future Transferring Employees who will transfer to DCL and/or a Replacement Supplier in accordance with Clauses 19 or 20 (as the case may be) upon the Termination Date. "Fleet Size" means the total number of Operational Vehicles and Spare Vehicles in use by DCL from time to time and included in this Agreement. "FTA" means Freight Transport Association or such other replacement association or organisation operating in the United Kingdom from time to time whose aims are to represent the freight transport industry generally "Future Maintenance Services" means any services which are the same as or similar to the Maintenance Services, which will be provided by DCL and/or any Replacement Supplier after the Termination Date. "Future Transfer Date" means the date(s) on which the Future Transferring Employees are transferred to DCL and/or any Replacement Supplier pursuant to Clauses 19 or 20 (as the case may be). "Future Transferring Employees" means any employee of SEV who is wholly or mainly assigned to work in the provision of the Maintenance Services immediately prior to the Termination Date and whose employment is liable to transfer to DCL and/or any Replacement Supplier pursuant to Clauses 19 or 20 (as the case may be). "Liabilities" includes without limitation all costs, expenses, losses, damages, claims, proceedings, awards, fines, orders (including, but not limited to, any order or notice issued by the Pensions Regulator) and other liabilities (including reasonable legal and other professional fees and expenses) whenever arising or brought 2