EN Personnel. EN shall provide and make available, as necessary, all such labor, supervisory and managerial personnel as required to perform the Services (the “EN Personnel”). Such EN Personnel shall be qualified (including possessing appropriate licensures and/or certifications), experienced and trained in the duties to which they are assigned. EN shall retain sole authority, control and responsibility with respect to labor matters in connection with the performance of the Services. If EWEB reasonably deems any EN Personnel as under-qualified, disruptive or non- cooperative, EWEB may, by prior written notice, require the removal of such EN Personnel and the replacement of such EN Personnel with a different employee meeting the requirements of this Agreement. In addition, EN shall also consult and confer with EWEB and reasonably cooperate to address any concerns raised by EWEB with respect to any EN Personnel performing Services under this Agreement. If any person employed by EN appears to EWEB to be incompetent or to act in a disorderly or improper manner or who fails to perform the Services in accordance with the terms and conditions of this Agreement, then upon written notice of EWEB, EN shall promptly replace, but in any event not later than five (5) days after such written notice, such person at the Project and such person shall not again be allowed to perform any of the Services at the Project. EN shall be allowed to use qualified, competent subcontractors to perform Services under the supervision of EN Personnel; provided, that EN shall deliver prior written notice to EWEB of such subcontractors and such notice shall include the identity of the subcontractors; the services to be rendered by such subcontractors; the dates during which such services are to be rendered; and a statement that the subcontractor’s insurance meets the same insurance requirements as EN, set forth in Exhibit B, and that the subcontractor named EWEB as an additional insured. Pursuant to Section 10 of this Agreement, EN is responsible for actions taken by its subcontractors used to perform Services hereunder.
