LIFT DIRECTOR. It shall be the duty of the Customer's agent, hereinafter known as the “Lift Director” to give specific instructions and directions to all persons operating, mobilizing/demobilizing, maintaining, and assembling/disassembling the Leased Equipment. Customer specifically agrees that the Company has absolutely no control over the Lift Director. The Lift Director has the exclusive right to supervise and control the use of the Equipment and the Operator. The Company and Customer agree that the prevention of accidents is the goal of all parties working on the job. Actions taken by the operator to ensure safe working conditions, shall not change or alter the Lift Director's exclusive right to supervise and control the use of the Equipment and the operator. The Customer further agrees that all Equipment used, and all work performed and all persons operating the Equipment, shall be solely within and in furtherance of, Customer's contractual scope of work on any given project. The Company has no right to replace or substitute personnel and any such replacement or substitution shall only be at the direction of and with the approval of the Lift Director and the Lift Director shall have the right to control, including the right of termination, and the Lift Director shall be deemed to have exercised that right as to all details or operation of the Equipment and the personnel operating the Equipment. If Company supplies an operator with the Equipment, any such operator may not use the Equipment without Customer's acceptance and approval of that operator, as a borrowed servant of Customer, under Customer's sole direction, supervision and control.
LIFT DIRECTOR. It shall be the duty of Customer to assign to all work projects, an experienced, trained and competent Lift Director, as defined in paragraph 4 above, who shall act as Customer’s agent, for all purposes, to give specific instructions and directions to all persons involved in operating, mobilizing/demobilizing, maintaining, and assembling/disassembling the Equipment, including, but not limited to, the Operator and Oiler (“Operating Personnel”). Company is not supplying the Lift Director. Customer specifically agrees that Company has absolutely no control over the Lift Director. The Lift Director has the exclusive right and obligation to supervise and control the use of the Equipment and the Operating Personnel, even if any of the Operating Personnel are provided or recommended by Company. Company and Customer agree that the prevention of accidents is the goal of the Parties and all persons working on the project. Actions taken by the Operator Operating Personnel to ensure safe working conditions shall not change or alter the Lift Director's exclusive right and obligation to supervise and control the use of the Equipment and the actions of the Operator, oiler and all Operating Personnel. Customer further agrees that all use of the Equipment and work performed by all Operating Personnel, shall act solely within and in furtherance of, Xxxxxxxx's directed contractual scope of work on any given project, and Company has no right to replace or substitute such Operating Personnel unless at the direction of or with the express permission/approval of, the Lift Director. In the event any Operating Personnel are recommended or supplied by Company, the Lift Director shall have the right and obligation to control such Operating Personnel including the right of termination and/or replacement. The Lift Director shall be deemed to have exercised that right and obligation as to all details involved in the operation of the Equipment and all Operating Personnel once the Equipment is delivered to Customer at the worksite or otherwise in the possession of Customer. If Company supplies an Operating Personnel and/or other personnel along with the Equipment to participate in the operation of the Equipment, including riggers, mechanics, signal persons, technicians, welders, and other personnel to assist in the assembly, disassembly, maintenance, and/or repair of the Equipment, such personnel shall be deemed to be Borrowed Servants or employees of the Customer pursuant to the Borrowe...
