2PERSONNEL. REQUIREMENTS The Concessionaire/Agency shall, unless otherwise provided in the Concession Agreement, employ such qualified and experienced Personnel as are required to carry out the Works. It is expressly agreed and understood by Parties that the Concessionaire/Agency shall be wholly responsible for engaging the minimum required personnel at the project sites for undertaking the Works including in relation to their salary, benefits, statutory payments, contributions towards any benefits, as would be payable under Applicable Laws for the duration of their deployment.
2PERSONNEL. Passage shall have sole discretion and authority with respect to designating, employing, assigning, compensating and discharging personnel, third party service providers, subcontractors and consultants in connection with Passage’s performance of the Services. Notwithstanding anything to the contrary herein and for clarity, (i) in no event shall Passage be obligated under this Agreement to retain or hire any specific personnel, third party service providers, subcontractors or consultants, acquire any equipment or technology, expand or modify any facilities, or incur any capital expenditures, unless Passage agrees in writing, in its sole discretion, to do so, and Xxxxx agrees to bear all related costs and expenses in accordance with the terms hereof, and (ii) in no event shall Passage or its Affiliates have any obligation to favor operation of Gemma or its Affiliates over Passage’s own business operations or those of its Affiliates.
