Common use of Control of Seller Employees Clause in Contracts

Control of Seller Employees. Prior to the Hire Date, if any, of a Seller Employee, Seller has the right to control and direct the Seller Employees as to the performance of duties and as to the means by which such duties are performed, including the right to terminate the employment of any Seller Employee, provided that Purchaser will not be liable for any costs, expense, liabilities, severance benefits, or WARN Act liability, if any, related to any such terminated Seller Employee. Notwithstanding the foregoing, prior to each Seller Employee’s respective Hire Date, Seller has the right to direct such employee to perform reasonable administrative duties on behalf of Seller in connection with the winding down of Seller’s services with respect to the Assets and the termination of any Seller Plan. During the Transition Period, but prior to the Seller Employees’ respective Hire Dates, Seller will not permanently reassign, make compensation changes, promote or relocate any Seller Employee, other than in the ordinary course of business or as required by any Seller Plan or applicable law, without the written consent of Purchaser. Seller will be responsible for complying with all safety, health and work-related laws, regulations and rules with respect to the Seller Employees employed by Seller during the Transition Period. Nothing herein is intended to affect Seller’s status as employer of each Seller Employee while employed by Seller or Seller’s control over such individual until his or her respective Hire Date.

Control of Seller Employees. Prior to the Hire Date, if any, of a Seller Employee, Seller has LOI shall have the right to control and direct the Seller Employees as to the performance of duties and as to the means by which such duties are performed, including the right to terminate the employment of any Seller Employee, provided that Purchaser will Buyer shall not be liable for any costs, expense, liabilities, or severance benefits, or WARN Act liability, if any, related to any such terminated Seller Employee. Seller shall fully and timely inform Buyer of and consult Buyer with respect to, all employment, benefits, workplace and performance matters relating to Seller Employees prior to the Hire Date that, in the reasonable judgment of LOI’s management, could have a material impact on Buyer prior to taking any actions or making any decisions with respect to such matters, subject to applicable law. Notwithstanding the foregoing, prior to each Seller Employee’s respective the Hire Date, Seller has LOI shall have the right to direct such employee to perform reasonable administrative duties on behalf of Seller LOI in connection with the winding down of SellerLOI’s services with respect to the Assets and the termination of any Seller PlanProperties. During the Transition Period, but prior Prior to the Seller Employees’ respective Hire DatesDate, Seller LOI will not permanently reassign, make compensation changes, promote or relocate any Seller Employee, other than in the ordinary course of business or as required by any Seller Plan or applicable law, without the written consent of PurchaserBuyer. Seller will LOI shall be responsible for complying with all safety, health and work-related laws, regulations and rules with respect to the Seller Employees employed by Seller during LOI prior to the Transition PeriodHire Date. Nothing herein is intended to affect SellerLOI’s status as employer of each Seller Employee while employed by Seller LOI or SellerLOI’s control over such individual until his or her respective the Hire Date.

Control of Seller Employees. Prior to the Hire Date, if any, of a Seller Employee, Seller has shall have the right to control and direct the Seller Employees as to the performance of duties and as to the means by which such duties are performed, including the right to terminate the employment of any Seller Employee, provided that Purchaser will that: (i) Buyer shall not be liable for any costs, expense, liabilities, or severance benefits, or WARN Act liability, if any, related to any such terminated Seller Employee; and (ii) Seller agrees not to rehire any terminated Seller Employee who becomes a New Employee for a period of two years following any such Seller Employee’s termination date. Seller shall fully and timely inform Buyer of and consult Buyer with respect to, all employment, benefit workplace and performance matters relating to Seller Employees prior to the Seller Employees’ respective Hire Dates that, in the reasonable judgment of Seller’s management, could have a material impact on Buyer prior to taking any actions or making any decisions with respect to such matters, subject to applicable law. Notwithstanding the foregoing, prior to each Seller Employee’s respective Hire Date, Seller has shall have the right to direct such employee to perform reasonable administrative duties on behalf of Seller in connection with the winding down of Seller’s services with respect to the Assets Properties and the termination of any Seller Plan. During the Transition Period, but prior Prior to the Seller Employees’ respective Hire Dates, Seller will not permanently reassign, make compensation changes, promote or relocate any Seller Employee, other than in the ordinary course of business or as required by any Seller Plan or applicable law, without the written consent of PurchaserBuyer. Seller will shall be responsible for complying with all safety, health and work-related laws, regulations and rules with respect to the Seller Employees employed by Seller during prior to the Transition PeriodHire Date. Nothing herein is intended to affect Seller’s status as employer of each Seller Employee while employed by Seller or Seller’s control over such individual until his or her respective Hire Date.