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, 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 Buyer shall not be liable for any costs, expense, liabilities, or severance benefits, 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 the Hire Date, LOI shall have the right to direct such employee to perform reasonable administrative duties on behalf of LOI in connection with the winding down of LOI’s services with respect to the Properties. Prior to the Hire Date, 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 Buyer. 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 LOI prior to the Hire Date. Nothing herein is intended to affect LOI’s status as employer of each Seller Employee while employed by LOI or LOI’s control over such individual until the Hire Date.

Control of Seller Employees. Prior to the Hire Date, if any, of a Seller Employee, LOI shall have 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 Buyer shall Purchaser will 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 the each Seller Employee’s respective Hire Date, LOI shall have Seller has the right to direct such employee to perform reasonable administrative duties on behalf of LOI Seller in connection with the winding down of LOISeller’s services with respect to the PropertiesAssets and the termination of any Seller Plan. Prior During the Transition Period, but prior to the Seller Employees’ respective Hire DateDates, LOI 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 BuyerPurchaser. LOI shall 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 LOI prior to Seller during the Hire DateTransition Period. Nothing herein is intended to affect LOISeller’s status as employer of each Seller Employee while employed by LOI Seller or LOISeller’s control over such individual until the his or her respective Hire Date.

Control of Seller Employees. Prior to the Hire Date, if any, of a Seller Employee, LOI Seller 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 that: (i) Buyer shall not be liable for any costs, expense, liabilities, or severance benefits, 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, benefits, benefit workplace and performance matters relating to Seller Employees prior to the Seller Employees’ respective Hire Date Dates that, in the reasonable judgment of LOISeller’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 the each Seller Employee’s respective Hire Date, LOI Seller shall have the right to direct such employee to perform reasonable administrative duties on behalf of LOI Seller in connection with the winding down of LOISeller’s services with respect to the PropertiesProperties and the termination of any Seller Plan. Prior to the Seller Employees’ respective Hire DateDates, LOI 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 Buyer. LOI Seller shall be responsible for complying with all safety, health and work-related laws, regulations and rules with respect to the Seller Employees employed by LOI Seller prior to the Hire Date. Nothing herein is intended to affect LOISeller’s status as employer of each Seller Employee while employed by LOI Seller or LOISeller’s control over such individual until the his or her respective Hire Date.