Common use of LIFT DIRECTOR Clause in Contracts

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.

Appears in 13 contracts

Samples: Customer Supplier Agreement, Terms and Conditions, Terms and Conditions

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LIFT DIRECTOR. It shall be the duty of the Customer's agent, hereinafter known Customer to have a person on site qualified as the a “Lift Director” pursuant to ASME B30.5 to give specific instructions and directions to all persons operating, maintaining, mobilizing/demobilizing, maintaining, demobilizing and assembling/disassembling the Leased leased Equipment. Customer understands and agrees that Customer is responsible for operating the Equipment in accordance with American National Standards Institute (ANSI) and ASME B30.5-2014 (and as amended), Customer specifically agrees that the Company Supplier 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 Operatoroperator. The Company and If an operator refuses to comply with a signal, direction or order for any reasons, including the operator's belief that such a signal, direction or order creates an unsafe condition, Customer agree agrees 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 such refusal does 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 ’s contractual scope of work on any given project. The Company Supplier 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.

Appears in 2 contracts

Samples: Transportation Agreement, Transportation Agreement

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