Loaned Employees Clause Samples

Loaned Employees. (a) If specifically requested in connection with the provision of Services, Service Provider shall loan one or more of its employees to such Client Company, provided that such loan shall not, in the sole discretion of Service Provider, interfere with or impair Service Provider's utility responsibilities or business operations, as the case may be. After the commencement thereof, any such loaned employees may be withdrawn by Service Provider from tasks duly assigned by Client Company, prior to completion thereof as contemplated in the associated Service Request, only with the consent of Client Company (which shall not be unreasonably withheld or delayed), except in the event of a demonstrable emergency requiring the use of any such employees in another capacity for Service Provider. (b) While performing work on behalf of Client Company, any such loaned employees shall be under its supervision and control, and Client Company shall be responsible for their actions to the same extent as though such persons were its employees (it being understood that such persons shall nevertheless remain employees of Service Provider and nothing herein shall be construed as creating an employer-employee relationship between any Client Company and any loaned employees). Accordingly, for the duration of any such loan, Service Provider shall continue to provide its loaned employees with the same payroll, pension, savings, tax withholding, unemployment, bookkeeping and other personnel support services then being provided by Service Provider to its other employees.

Loaned Employees. Notwithstanding the provisions of Section 12.09 hereof, but subject to the provisions hereof relating to the Partnership's Operating Budget, the Managing Partner shall have the express right and authority to fill the staffing needs of the Partnership by causing employees of (i) the Managing Partner, (ii) the partners of the Managing Partner, (iii) Affiliates of the partners of the Managing Partner, (iv) Ardee or (v) Affiliates of Ardee to provide services to the Partnership on a full- or part-time basis. Each such employee who is so loaned to the Partnership shall have all or such appropriate portion of his or her salary and benefit costs reimbursed by the Partnership to the actual employer of such employee. The Managing Partner shall include in the proposed Operating Budget submitted pursuant to the provisions of Section 12.04 hereof for each Amphitheater Fiscal Year a list identifying each employee that is then being loan to the Partnership pursuant to the provisions of this Section 12.10 and the details as to the portion of his or her salary and benefit costs being reimbursed by the Partnership to the actual employer of such employee.

Loaned Employees. Purchaser and LodgeWorks will enter into a Loaned Employees Agreement at the Primary Closing for the purpose of providing additional transition resources to Purchaser.

Loaned Employees. Officers and employees performing services for the Company may be loaned to the Company by the Members or their Affiliates (in which case they shall remain officers and employees of the loaning Member or Affiliate). In the case of loaned officers or employees, the Company shall reimburse the loaning Member (or its Affiliate) for the services of loaned officers and employees pursuant to the terms and conditions set forth in separate agreements to be entered into between the loaning Member and the Company.

Loaned Employees. 2.1 The parties acknowledge that certain employees of Microsoft, who prior to the Effective Date rendered services substantially full-time for the Expedia business unit of Microsoft, have remained or will remain employees of Microsoft. Expedia desires that all such employees who reported through ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ as of October 1, 1999, in the Microsoft organization chart continue to render substantially full-time services for Expedia in their current capacities, and Microsoft desires to loan to Expedia those employees who remain employees of Microsoft to perform such services, on the terms and conditions contained in this Section 2. Such employees who remain employees of Microsoft rather than Expedia, and whose services are loaned by Microsoft to Expedia hereunder, are referred to as "Loaned Employees." 2.2 So long as the applicable Loaned Employee continues to be employed by Microsoft, Microsoft agrees to provide to Expedia the services of each Loaned Employee from the Effective Date through the earlier of May 20, 2000 or such date as Expedia notifies Microsoft that it no longer desires the services of such Loaned Employee. Microsoft will use its commercially reasonable efforts to cause the Loaned Employees to render the applicable services for Expedia. As between Expedia and Microsoft, Microsoft shall be responsible for the payment of payroll taxes, workers' compensation premiums, and filing of all reports and filings required by law with respect to the Loaned Employees while employed by Microsoft. 2.3 For such period as Microsoft provides the services of a Loaned Employee pursuant to Section 2.2, Expedia agrees to pay to Microsoft an amount equal to the gross earnings of such Loaned Employee, plus federal and state payroll taxes, employee benefit programs contributions (including without limitation health and all stock benefits programs). "Gross earnings" will include salary, commissions, hourly and other forms of payments for services, periods of paid vacation, sick leave and holidays, leave with pay, accrued vacation paid and overtime payments. Expedia will pay all amounts owed to Microsoft pursuant to this Section 2.3 in accordance with the provisions of Section 1.3.

Loaned Employees. SELLER shall make available to BUYER the services of each of the following employees for the following portions of their weekly time, at the following BiWeekly rates, for as long as BUYER requires.

Loaned Employees. Upon request by the Company, each Member, their subsidiaries and Affiliates may from time to time loan employees to the Company or any subsidiary on terms to be agreed.

Loaned Employees. Notwithstanding the provisions of Section 12.07 hereof, but subject to the provisions hereof relating to the Partnership's Operating Budget, the Managing Partner shall have the express right and authority to fill the staffing needs of the Partnership by causing employees of the Managing Partner, the partners of the Managing Partner, Affiliates of the partners of the Managing Partner, Cellar Door or Affiliates of Cellar Door to provide services to the Partnership on a full or part-time basis. Each such employee who is so loaned to the Partnership shall have all or such appropriate portion of his or her salary and benefit costs reimbursed by the Partnership to the actual employer of such employee. Upon request of Cellar Door, the Managing Partner shall provide a list of all individuals who have been loaned to the Partnership pursuant to the provisions of this Section 12.08 and the details as to the compensation arrangement for each such individual.

Loaned Employees. Seller shall supply the services of the Transferred Employees identified in Schedule 5.6(e) ("Loaned Employees") to Buyer commencing as of the Effective Time pursuant to the Loaned Employee Agreement. Each Loaned Employee shall commence employment with Buyer upon the termination of the Loaned Employee's services under the Loaned Employee Agreement; provided, however, that Buyer shall not be required to offer employment to or to employ any Loaned Employee if such Loaned Employee's employment with Seller terminates while such Loaned Employee is supplying services under the Loaned Employee Agreement for a reason other than such Loaned Employee's commencement of employment with Buyer. The terms and conditions of employment set out in Schedule 5.6(c) shall apply to Loaned Employees upon their Hire Date.