Independent Certifier Personnel. (a) Subject to Section 3.9(b), the Independent Certifier will use the partners, directors or employees described in Schedule 3 of this Agreement in connection with the performance of the Functions and such persons’ services will be available for so long as may be necessary to ensure the proper performance by the Independent Certifier of the Functions. Such persons will have full authority to act on behalf of the Independent Certifier for all purposes in connection with this Agreement.
(b) None of the persons listed in Schedule 3 will be removed or replaced unless he/she ceases to work as a partner in or director or employee of the Independent Certifier or he/she is unable to work because of death or illness. The Independent Certifier will notify the PA Parties of any such circumstances and will be responsible for finding a replacement who will previously have been approved in writing by the PA Parties.
Independent Certifier Personnel. (a) The Independent Certifier shall make reasonable efforts to ensure that the individuals listed in Appendix C remain involved in the performance of the Certification Services and, in particular, shall not, for the duration of this Independent Certifier Agreement, require or request any such person to be involved in any other project on behalf of the Independent Certifier if, in the reasonable opinion of the PA Parties, such involvement would have a material adverse effect on the performance of the Certification Services. If the Independent Certifier considers it necessary to replace any individual identified in Appendix C, the Independent Certifier shall provide the PA Parties with relevant information on the proposed replacement and shall consult with the PA Parties before finalizing the appointment of such replacement. The Independent Certifier shall not replace any of the individuals identified in Appendix C without the prior written consent of the PA Parties, which consent shall not be withheld or delayed where the proposed replacement is suitably qualified and experienced.
(b) The Independent Certifier shall ensure that its personnel providing the Certification Services in respect of the Project Co Commissioning shall:
(i) possess a current professional designation of membership in the Saskatchewan Association of Professional Engineers & Geoscientists;
(ii) have demonstrated competence in the commissioning of comparable facilities and in having completed or monitored the commissioning of comparable infrastructure;
(iii) have an understanding of the appropriate MHI standards, guidelines and policies related to commissioning for transportation infrastructure and appurtenances, as well as other commissioning standards applicable to transportation infrastructure and appurtenances; and
(iv) have an understanding of any documentation to be provided pursuant to this Independent Certifier Agreement and the Project Agreement, including not only the start-up procedures but any pre-commissioning and post-commissioning activities.
(c) The Independent Certifier shall furnish the PA Parties with evidence satisfactory to the PA Parties of any such personnel’s compliance with the foregoing requirements within a reasonable time prior to the proposed commencement of the Project Co Commissioning.
Independent Certifier Personnel. The following personnel shall be involved in the performance of the Certification Services:
Independent Certifier Personnel. The Independent Certifier shall make reasonable efforts to ensure that the individuals listed in Appendix C remain involved in the performance of the Certification Services and, in particular, will not, for the duration of this Independent Certifier Agreement, require or request any such person to be involved in any other project on behalf of the Independent Certifier if, in the reasonable opinion of the Parties, such involvement would have a material adverse effect on the performance of the Certification Services. The Independent Certifier shall ensure that all of its personnel providing the Certification Services shall:
(a) have demonstrated competence services comparable to the Certification Services of comparable infrastructure to the Infrastructure and in having completed such comparable services to the Certification Services of comparable infrastructure to the Infrastructure;
(b) have an understanding of the appropriate standards, guidelines, best practices, and policies related to services comparable to the Certification Services for comparable infrastructure to the Infrastructure; and
(c) have an understanding of any documentation to be provided pursuant to this Independent Certifier Agreement and the Design Build Agreement, including not only the start-up procedures and operator training, but any pre-Milestone, pre-Substantial Completion and post-Substantial Completion activities. The Independent Certifier shall ensure that its team lead providing the Certification Services shall possess a current professional designation of not less than membership in The Association of Professional Engineers and Geoscientists of Manitoba, operating as Engineers Geoscientists Manitoba (EGM) or such similar professional designation recognized in North America. The Independent Certifier shall furnish the City with evidence satisfactory to the City of any such personnel’s compliance with the foregoing requirements within a reasonable time prior to the proposed commencement of the Certification Services.
Independent Certifier Personnel. (a) The Independent Certifier represents and warrants to the Project Agreement Parties that it has and shall continue to have expert and professional staff who are competent, experienced and qualified to perform, and who hold all requisite licences and other professional qualifications necessary to perform, the Functions, Duties and Obligations in accordance with the terms of this Agreement and the Project Agreement.
(b) Subject to Section 2.7 [Ability to Fulfill Terms of Agreement; Conflict of Interest], the Independent Certifier shall use only the partners, directors or employees described in Attachment 3 to this Agreement in connection with the performance of the Functions, Duties and Obligations and such persons’ services shall be available for so long as may be necessary to ensure the proper performance by the Independent Certifier of the Functions, Duties and Obligations. Such persons shall have full authority to act on behalf of and bind the Independent Certifier for all purposes in connection with this Agreement.
(c) None of the persons listed in Attachment 3 to this Agreement shall be removed or replaced unless such person ceases to work as a partner in or director or employee of the Independent Certifier due to circumstances beyond the control of the Independent Certifier or such person is unable to work because of death or illness. The Independent Certifier shall notify the Project Agreement Parties of any such circumstances and shall be responsible for finding a replacement who shall previously have been approved in writing by each of the Project Agreement Parties.
Independent Certifier Personnel. The following personnel shall be involved in the performance of the Certification Services: Xxxxxx Xxxxx Team Leader (Independent Certifier) Xxxxxx Xxxxxxxx Back-up Team Leader / Certification Manager, Commissioning Lead This Appendix D shall apply to the conduct of claims, made by a third person against a party having, or claiming to have, the benefit of an indemnity pursuant to this Independent Certifier Agreement. The party having, or claiming to have, the benefit of the indemnity is referred to as the “Beneficiary” and a party giving the indemnity is referred to as an “Indemnifier”.
Independent Certifier Personnel. The Independent Certifier shall make reasonable efforts to ensure that the individuals listed in Appendix C remain involved in the performance of the Certification Services and, in particular, will not, for the duration of this Independent Certifier Agreement, require or request any such person to be involved in any other project on behalf of the Independent Certifier if, in the reasonable opinion of the Parties, such involvement would have a material adverse effect on the performance of the Certification Services. If any alternate individual than listed in Appendix C is required, the Independent Certifier shall:
(a) submit the experience and qualifications as required in RFP 64-2021 for all requested replacement(s); and
(b) not replace individuals listed in Appendix C throughout the duration of the term of the Independent Certifier Agreement without the written approval of the Parties.
Independent Certifier Personnel. (a) Subject to Section 3.9(b) [Independent Certifier Personnel], the Independent Certifier will use the partners, directors, officers, employees, servants or agents described in Schedule 3 [Independent Certifier Personnel] hereto in connection with the performance of the Functions and such persons’ services will, subject to Section 3.9(b) [Independent Certifier Personnel], be available for so long as may be necessary to ensure the proper performance by the Independent Certifier of the Functions. Such persons will have full authority to act on behalf of the Independent Certifier for all purposes in connection with this IC Agreement.
(b) None of the persons listed in Schedule 3 [Independent Certifier Personnel] will be removed or replaced unless he/she ceases to work as a partner in or director, officer, employee, servant or agent of the Independent Certifier or he/she is unable to work because of death or illness. The Independent Certifier will notify the PA Parties of any such circumstances and will be responsible for finding a replacement with equivalent qualifications, experience and expertise and obtaining the PA Parties prior written approval to such replacement.
Independent Certifier Personnel. The following personnel shall be involved in the performance of the Certification Services: This Appendix D shall apply to the conduct of claims, made by a third person against a party having, or claiming to have, the benefit of an indemnity pursuant to this Independent Certifier Agreement. The party having, or claiming to have, the benefit of the indemnity is referred to as the “Beneficiary” and a party giving the indemnity is referred to as an “Indemnifier”.
Independent Certifier Personnel. 3.8.1 The Independent Certifier represents and warrants to the CA Parties that it has and will continue to have expert and professional staff who are competent, experienced and qualified to perform, and who hold all requisite licences and other professional qualifications necessary to perform, the Functions in accordance with the terms of this Contract and the Concession Agreement.
3.8.2 Subject to Section 3.8.3, the Independent Certifier shall use the partners, directors or employees described in Appendix C hereto in connection with the performance of the Functions and such persons’ services shall be available for so long as may be necessary to ensure the proper performance by the Independent Certifier of the Functions. Such persons shall have full authority to act on behalf of and bind the Independent Certifier for all purposes in connection with this Contract.
3.8.3 None of the persons listed in Appendix C shall be removed or replaced unless he/she ceases to work as a partner in or director or employee of the Independent Certifier due to circumstances beyond the control of the Independent Certifier or he/she is unable to work because of death or illness. The Independent Certifier shall notify the CA Parties of any such circumstances and shall be responsible for finding a replacement who shall previously have been approved in writing by the CA Parties.
