Common use of Continuity of Key Service Provider Personnel Clause in Contracts

Continuity of Key Service Provider Personnel. Service Provider shall cause each of the Key Service Provider Personnel to devote full time and effort to the provision of Services under this Agreement for, at a minimum, the applicable period specified in Attachment 5-A from the date he or she assumes the position in question (provided that, in the case of Key Service Provider Personnel assigned prior to the Commencement Date, the minimum period shall be measured from the Commencement Date). Service Provider shall not transfer, reassign or remove any of the Key Service Provider Personnel (except as a result of voluntary resignation, involuntary termination for cause, illness, disability, or death) or announce its intention to do so during the minimum period without DIR's prior approval, which DIR may withhold in its reasonable discretion based on its own self interest. In the event of the voluntary resignation, involuntary termination for cause, illness, disability or death of one of its Key Service Provider Personnel during or after the specified period, Service Provider shall (i) give DIR as much notice as reasonably possible of such development and (ii) expeditiously identify and obtain DIR's approval of a suitable replacement. In addition, even after the period specified in Attachment 5-A, Service Provider shall transfer, reassign or remove one of its Key Service Provider Personnel only after (1) giving DIR at least thirty (30) days prior notice of such action (except to the extent such removal involves termination due to "cause" or "performance" as defined below), (2) identifying and obtaining DIR's approval of a suitable replacement at least thirty (30) days prior to such transfer, reassignment or removal,

Continuity of Key Service Provider Personnel. Service Provider shall cause each of the Key Service Provider Personnel to devote full time and effort to the provision of Services under this Agreement for, at a minimum, the applicable period specified in Attachment 5-A from the date he or she assumes the position in question (provided that, in the case of Key Service Provider Personnel assigned prior to the Commencement Date, the minimum period shall be measured from the Commencement Date). Service Provider shall not transfer, reassign reassign, or remove any of the Key Service Provider Personnel (except as a result of voluntary resignation, involuntary termination for cause, illness, disability, or death) or announce its intention to do so during the minimum period without DIR's prior approval, which DIR may withhold in its reasonable discretion based on its own self self- interest. In the event of the voluntary resignation, involuntary termination for cause, illness, disability disability, or death of one of its Key Service Provider Personnel during or after the specified period, Service Provider shall (i) give DIR as much notice as reasonably possible of such development and (ii) expeditiously identify and obtain DIR's approval of a suitable replacement. In addition, even after the period specified in Attachment 5-A, Service Provider shall transfer, reassign reassign, or remove one of its Key Service Provider Personnel only after (1) giving DIR at least thirty (30) days prior notice of such action (except to the extent such removal involves termination due to "cause" or "performance" as defined below), ; (2) identifying and obtaining DIR's approval of a suitable replacement at least thirty (30) days prior to such transfer, reassignment reassignment, or removal,;

Continuity of Key Service Provider Personnel. Subject to Sections 8.1(a) and 8.1(b), Service Provider shall cause each of the Key Service Provider Personnel to devote full time and effort to the provision of Services under this Agreement for, at a minimum, for the applicable period specified in Attachment 5-A Schedule 19, and if not so specified, then for a minimum of *** from the date he or she assumes the position in question (provided that, in the case of Key Service Provider Personnel assigned prior to the Commencement Date, the minimum period shall be measured from the Commencement Date)question. Service Provider shall not transfer, reassign or remove any of the Key Service Provider Personnel (except as a result of voluntary resignation, involuntary termination for or without cause, illness, disability, or death) or announce its intention to do so during the minimum specified period without DIR's Allegheny’s prior approval, which DIR Allegheny may withhold in its reasonable discretion based on sole discretion. Allegheny shall not unreasonably withhold its own self interestapproval for Service Provider’s reassignment of Key Service Provider Personnel in the case of unanticipated circumstances that would create a personal hardship for such Key Service Provider Personnel absent such reassignment. In the event of the voluntary resignation, involuntary termination for or without cause, illness, disability disability, or death of one of its Key Service Provider Personnel during or after the specified period, Service Provider shall (i) give DIR Allegheny as much notice as reasonably possible of such development development, and (ii) expeditiously identify and obtain DIR's Allegheny’s approval of a suitable replacement. In addition, even after the period specified in Attachment 5-Aperiod, Service Provider shall transfer, reassign or remove one of its Key Service Provider Personnel (except as a result of voluntary resignation, involuntary termination for or without cause, illness, disability, or death) only after (1A) giving DIR at least thirty (30) days Allegheny prior notice of such action as soon as reasonably practicable but in any case no later than thirty (except to the extent such removal involves termination due to "cause" or "performance" as defined below)30) business days prior notice, (2B) identifying and obtaining DIR's Allegheny’s approval of a suitable replacement at least thirty (30) days as soon as reasonably possible prior to such transfer, reassignment or removal,removal and (C) demonstrating to Allegheny’s reasonable satisfaction that such action will not have an adverse impact on Service Provider’s performance of its obligations under this Agreement. If Allegheny in good faith objects to the proposed removal based on the criteria described in this Section, the Parties shall attempt to resolve Allegheny’s concerns on a mutually agreeable basis. If the Parties have not been able to resolve Allegheny’s concerns within five (5) business days of Allegheny communicating its concerns, Service Provider shall not remove the individual from that position. Unless otherwise agreed, Service Provider shall not transfer, reassign or remove more than *** of the Key Service Provider Personnel in any *** period.