Common use of Contractor Key Personnel Clause in Contracts

Contractor Key Personnel. 17.1 Contractor shall designate, prior to the commencement of the Work, "Key Personnel" who shall include: an individual to whom all Owner communications concerning the Contract may be addressed (the "Contractor Representative" or other title); and "Project Manager" (or other title), who shall report to the Contractor Representative, and shall be in charge of the Work. 17.2 Owner shall have the right to approve and disapprove the assignment and replacement by Contractor of all Key Personnel. Before assigning an individual to any of the positions designated herein, whether as an initial assignment or a subsequent assignment, Contractor shall notify Owner of the proposed assignment, shall introduce the individual to appropriate Owner representatives, and shall provide Owner with a resume of any other information about the individual reasonably requested by Owner. If, after being notified thereof, Owner in good faith objects to the proposed assignment within 15 days, then Contractor agrees to discuss such objections with Owner and attempt to resolve such concerns on a mutually agreeable basis. If the Parties have not been able to resolve Owner's concerns within five days, Contractor shall not assign the individual to that position and shall propose to Owner the assignment of another individual of suitable ability, experience and qualifications. 17.3 Contractor shall employ and utilize all Key Personnel for the positions for which they were approved under this Article 17. Contractor shall not change or otherwise replace any such individuals except due to retirement, death, disability, incapacity or voluntary or involuntary termination of employment. 17.4 Owner shall have the right, without any recourse by Contractor, to direct Contractor to replace employees who Owner judges to be incompetent, careless, unsuitable or otherwise objectionable, or whose continued use is deemed contrary to the best interests of Owner. Before Owner issues a directive to replace an employee, Owner and the Contractor Representative shall discuss Owner’s concerns about the employee. Upon receipt of a directive from Owner to replace an employee, Contractor shall immediately proceed with the replacement unless it can demonstrate that Owner's directive is unreasonable. Owner’s directive shall include the desired replacement date and the reason the employee needs to be replaced. Contractor shall effect the replacement in a manner that does not degrade quality of the Work. In addition, the employee replaced by Contractor shall not return to the Project in any capacity without prior written consent from Owner. 17.5 Contractor shall notify Owner in writing of any proposed replacement of Key Personnel. Owner retains the right to approve or disapprove any requested replacement prior to Contractor making the requested replacement. Any such approval shall not be valid unless it is written. Said approval shall not be unreasonably withheld, provided that Owner reserves the right to disapprove a request if the Owner determines, in its reasonable discretion, that the replacement is not at least as qualified as the individual being replaced.

Appears in 2 contracts

Samples: General Provisions Agreement, California High Speed Train Project Agreement

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Contractor Key Personnel. 17.1 Contractor shall designate, prior to the commencement of the Work, "Key Personnel" who shall include: an individual to whom all Owner communications concerning the Contract may be addressed (the "Contractor Representative" or other title); and "Project Manager" (or other title), who shall report to the Contractor Representative, and shall be in charge of the Work. 17.2 Owner shall have the right to approve and disapprove the assignment and replacement by Contractor of all Key Personnel. Before assigning an individual to any of the positions designated herein, whether as an initial assignment or a subsequent assignment, Contractor shall notify Owner of the proposed assignment, shall introduce the individual to appropriate Owner representatives, and shall provide Owner with a resume of any other information about the individual reasonably requested by Owner. If, after being notified thereof, Owner in good faith objects to the proposed assignment within 15 days, then Contractor agrees to discuss such objections with Owner and attempt to resolve such concerns on a mutually agreeable basis. If the Parties have not been able to resolve Owner's concerns within five days, Contractor shall not assign the individual to that position and shall propose to Owner the assignment of another individual of suitable ability, experience and qualifications. 17.3 Contractor shall employ and utilize all Key Personnel for the positions for which they were approved under this Article 17. Contractor shall not change or otherwise replace any such individuals except due to retirement, death, disability, incapacity or voluntary or involuntary termination of employment. 17.4 Owner shall have the right, without any recourse by Contractor, right to direct require Contractor to replace employees who Owner judges to be incompetent, careless, unsuitable or otherwise objectionable, or whose continued use is deemed contrary to the best interests of Owner. Before Owner issues a directive to replace an employeewritten request is issued, it shall be discussed by Owner and the Contractor Representative shall discuss Owner’s concerns about the employeeRepresentative. Upon receipt of a directive written request from Owner to replace an employeeOwner, Contractor shall immediately be required to proceed with the replacement unless it can demonstrate that Owner's directive request is unreasonable. Owner’s directive The replacement request shall include the desired replacement date and the reason for the employee needs to be replacedrequest. Contractor shall effect the replacement in a manner that does not degrade quality of the Work. . 17.4 In additionthe event Contractor elects to replace any individual proposed as Contractor's Key Personnel from the Project without Owner's approval of the replacement, the employee replaced by Contractor shall not return pay to Owner the Project in any capacity without prior written consent from Owner.specified liquidated damages for each individual removed during the time period indicated below: 17.5 Contractor shall notify Owner in writing of any proposed replacement of Key Personnel. Owner retains the right to approve or disapprove any requested replacement prior request by Contractor to Contractor making remove Contractor's Key Personnel from the requested replacement. Any such approval shall not be valid unless it is writtenProject. Said approval shall not be unreasonably withheld, provided that Owner reserves the right to disapprove a request . The assessments apply only if the Owner determines, in its reasonable discretion, that the replacement is not at least as qualified as the individual being replacedContractor removes Contractor's Key Personnel without Owner's approval.

Appears in 1 contract

Samples: General Provisions Agreement

Contractor Key Personnel. 17.1 Contractor shall designate, prior to the commencement of the Work, "Key Personnel" who shall include: an individual to whom all Owner communications concerning the Contract may be addressed (the "Contractor Representative" or other title); and "Project Manager" (or other title), who shall report to the Contractor Representative, and shall be in charge of the Work. 17.2 Owner 20.1 Authority shall have the right to approve and disapprove the assignment and replacement by Contractor of all Key Personnel. Before assigning an individual to any of the positions designated herein, whether as an initial assignment or a subsequent assignment, Contractor shall notify Owner Authority of the proposed assignment, shall introduce the individual to appropriate Owner Authority representatives, and shall provide Owner Authority with a resume of any other information about the individual reasonably requested by OwnerAuthority. If, after being notified thereof, Owner Authority in good faith objects to the proposed assignment within 15 days, then Contractor agrees to discuss such objections with Owner Authority and attempt to resolve such concerns on a mutually agreeable basis. If the Parties have not been able to resolve OwnerAuthority's concerns within five days, Contractor shall not assign the individual to that position and shall propose to Owner Authority the assignment of another individual of suitable ability, experience and qualifications. 17.3 20.2 Contractor shall employ and utilize all Key Personnel for the positions for which they were approved under this Article 1720. Contractor shall not change or otherwise replace any such individuals except due to retirement, death, disability, incapacity or voluntary or involuntary termination of employment. 17.4 Owner 20.3 Authority shall have the right, without any recourse by Contractor, to direct Contractor to replace employees who Owner Authority judges to be incompetent, careless, unsuitable or otherwise objectionable, or whose continued use is deemed contrary to the best interests of OwnerAuthority. Before Owner Authority issues a directive to replace an employee, Owner Authority and the Contractor Representative shall discuss OwnerAuthority’s concerns about the employee. Upon receipt of a directive from Owner Authority to replace an employee, Contractor shall immediately proceed with the replacement unless it can demonstrate that OwnerAuthority's directive is unreasonable. OwnerAuthority’s directive shall include the desired replacement date and the reason the employee needs to be replaced. Contractor shall effect the replacement in a manner that does not degrade quality of the Work. In addition, the employee replaced by Contractor shall not return to the Project in any capacity without prior written consent from Owner.Authority.‌ 17.5 20.4 Contractor shall notify Owner Authority in writing of any proposed replacement of Key Personnel. Owner Authority retains the right to approve or disapprove any requested replacement prior to Contractor making the requested replacement. Any such approval shall not be valid unless it is written. Said approval shall not be unreasonably withheld, provided that Owner Authority reserves the right to disapprove a request if the Owner Authority determines, in its reasonable discretion, that the replacement is not at least as qualified as the individual being replaced.replaced.‌

Appears in 1 contract

Samples: Trainset Agreement

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Contractor Key Personnel. 17.1 Contractor shall designate, prior to the commencement of the Work, "Key Personnel" who shall include: an individual to whom all Owner communications concerning the Contract may be addressed (the "Contractor Representative" or other title); and "Project Manager" (or other title), who shall report to the Contractor Representative, and shall be in charge of the Work. 17.2 Owner 21.1 Authority shall have the right to approve and disapprove the assignment and replacement by Contractor of all Key Personnel. Before assigning an individual to any of the positions designated herein, whether as an initial assignment or a subsequent assignment, Contractor shall notify Owner Authority of the proposed assignment, shall introduce the individual to appropriate Owner Authority representatives, and shall provide Owner Authority with a resume of any other information about the individual reasonably requested by OwnerAuthority. If, after being notified thereof, Owner Authority in good faith objects to the proposed assignment within 15 days, then Contractor agrees to discuss such objections with Owner Authority and attempt to resolve such concerns on a mutually agreeable basis. If the Parties have not been able to resolve OwnerAuthority's concerns within five days, Contractor shall not assign the individual to that position and shall propose to Owner Authority the assignment of another individual of suitable ability, experience and qualifications. 17.3 21.2 Contractor shall employ and utilize all Key Personnel for the positions for which they were approved under this Article 1721. Contractor shall not change or otherwise replace any such individuals except due to retirement, death, disability, incapacity or voluntary or involuntary termination of employment.employment.‌‌ 17.4 Owner 21.3 Authority shall have the right, without any recourse by Contractor, to direct Contractor to replace employees who Owner Authority judges to be incompetent, careless, unsuitable or otherwise objectionable, or whose continued use is deemed contrary to the best interests of OwnerAuthority. Before Owner Authority issues a directive to replace an employee, Owner Authority and the Contractor Representative shall discuss OwnerAuthority’s concerns about the employee. Upon receipt of a directive from Owner Authority to replace an employee, Contractor shall immediately proceed with the replacement unless it can demonstrate that OwnerAuthority's directive is unreasonable. OwnerAuthority’s directive shall include the desired replacement date and the reason the employee needs to be replaced. Contractor shall effect implement the replacement in a manner that does not degrade quality of the Work. In addition, the employee replaced by Contractor shall not return to the Project in any capacity without prior written consent from Owner.Authority.‌ 17.5 21.4 Contractor shall notify Owner Authority in writing of any proposed replacement of Key Personnel. Owner Authority retains the right to approve or disapprove any requested replacement prior to Contractor making the requested replacement. Any such approval shall not be valid unless it is written. Said approval shall not be unreasonably withheld, provided that Owner Authority reserves the right to disapprove a request if the Owner determines, in its reasonable discretion, Authority determines that the replacement is not at least as qualified as the individual being replaced.

Appears in 1 contract

Samples: Track and Systems Agreement

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