Common use of Obligations of the Client Clause in Contracts

Obligations of the Client. Pursuant to this Agreement the Client covenants, agrees and acknowledges: (a) The Client will provide the Assigned Employee with a suitable workplace, that complies with US Occupational Safety and Health Administration (“OSHA”) statutes and regulations, and all other health and safety laws, regulations, ordinances, directives, and rules applicable to the Assigned Employee and the Assigned Employee’s workplace. The Client agrees to comply, at its expense, with all health and safety directives from GovTemps’ internal and external loss control specialists, GovTemps’ workers’ compensation carrier, or any government agency having jurisdiction over the place of work. The Client will provide and ensure use of all functional personal protective equipment as required by any federal, state or local law, regulation, ordinance, directive, or rule or as deemed necessary by GovTemps’ workers’ compensation carrier. GovTemps and/or its insurance carriers have the right to inspect the Client’s premises to ensure that the Assigned Employee is not exposed to an unsafe work place. GovTemps’ rights under this paragraph do not diminish or alter the Client’s obligations to the Assigned Employee under applicable law, or its obligations to GovTemps under this Agreement; (b) With respect to the Assigned Employee, the Client will comply with all applicable labor and employment-related laws and regulations, and any other federal, state or local statute, state constitution, ordinance, order, regulation, policy or decision, prohibiting employment discrimination, or otherwise establishing or relating to the terms and conditions of Assigned Employee’s Assignment; (c) The Client retains the right to exert sufficient direction and control over the Assigned Employee as is necessary to conduct the Client's business and operations, without which, the Client would be unable to conduct its business, operation or to comply with any applicable licensure, regulatory or statutory requirements; (d) The Client cannot remove or reassign the Assigned Employee unless mutually agreed to in writing by GovTemps and the Client in accordance with Section 1.01 of this Agreement. Client will timely confer with GovTemps regarding any concern or complaint regarding Assigned Employee’s performance or conduct under this Agreement; (e) The Client will not pay wages, salaries or other forms of direct or indirect compensation, including employee benefits, to Assigned Employee. Client represents that its actions under this Agreement do not violate its obligations it may have under any collective bargaining agreement; (f) The Client must report to GovTemps any injury to any Assigned Employee of which it has knowledge within twenty-four (24) hours of acquiring such knowledge. If any Assigned Employee is injured in the course of performing services for the Client, the Client must follow the procedures and practices regarding injury claims and reporting; and (g) The Client must report all on the job illnesses, accidents and injuries of the Assigned Employee to GovTemps within twenty-four (24) hours following notification of said injury by Assigned Employee or Assigned Employee’s representative.

Obligations of the Client. Pursuant 11.1. The Client shall furnish without charge and within a reasonable time all pertinent data and information available to him relating to the Study and shall give such assistance as shall reasonably be required by the Consultant for carrying out his duties under this Agreement Agreement. However, if any decisions are required to be made by the Client covenantsin the course of the Study, agrees and acknowledgessuch decisions shall be made within a reasonable time so as not to delay or disrupt the Consultant's work. 11.2. The Client shall assist the Consultant, his personnel and, where applicable, their dependants, in respect of the timely granting of or facilitating the following: (ai) The Client will provide visas for entry to and exit from the Assigned Employee country where the Services are to be carried out and such licenses and permits as may be necessary; (ii) access to all sites and locations involved in carrying out the Services; (iii) the privilege of remittance by such personnel of such portion, as may be permitted in accordance with a suitable workplacethe laws and regulations of the country where the Services are to be carried out, that complies with US Occupational Safety and Health Administration (“OSHA”) statutes and regulations, and all other health and safety laws, regulations, ordinances, directives, and rules applicable of amounts earned by such personnel under their employment contracts relating to the Assigned Employee and Services; (iv) insofar as the Assigned Employee’s workplaceConsultant's remuneration is payable in the Client's country, a firm authorization from the country's Central Bank or other appropriate authority that the foreign exchange component of the remuneration under this Agreement shall be transferable to the Consultant's home country; and (v) repatriation of the Consultant's personnel in the event of emergencies. 11.3. The Client agrees shall render assistance in connection with clearance through customs of any equipment, materials and supplies required for the services and with clearance of the personal effects of the Consultant's personnel. 11.4. Except when exemption has been arranged, the Client shall compensate the Consultant for the unrecovered cost of any taxes, duties, levies and other impositions under the laws and regulations in the country where the Services are carried out in respect of: (i) any equipment, materials and supplies brought into the said country for the purpose of carrying out the Services and which will be subsequently withdrawn therefrom; (ii) any property brought into the aforesaid country by the Consultant or his personnel for their personal use and which will be subsequently withdrawn therefrom upon the departure of the Consultant and his personnel; and (iii) any stamp and other duties payable on documents. 11.5. The Client shall make available, free of charge for use by the Consultant and his personnel for the purpose of carrying out the Services, the equipment, facilities and services described in Appendix (D). 11.6. In the event of delay in making available to complythe Consultant the equipment, at its expensefacilities or services set forth in Appendix (D), with all health the Consultant shall notify the Client of such delay and safety directives from GovTemps’ internal shall be entitled to an appropriate extension of the time for the performance of the Services and external loss control specialistsa proportional remuneration for completion of the Services, GovTemps’ workers’ compensation carrier, or any government agency having jurisdiction over insofar as additional costs are incurred by the place Consultant. 11.7. If the anticipated equipment and/or facilities are not forthcoming the Client and the Consultant shall agree on how the affected part of workthe Services shall be carried out and shall agree on a revised remuneration therefor insofar as additional costs are incurred by the Consultant. 11.8. The Client will provide in consultation with the Consultant arrange for the selection and ensure use provision of all functional personal protective equipment as required counterpart personnel to be trained by and work under the exclusive direction of the Consultant. Such personnel shall be integrated in the Consultant's Study team to enable them to gain additional experience. In the event that any federalof the counterpart personnel fails to perform adequately the work assigned to him by the Consultant, state or local lawprovided such work assignment is consistent with the position occupied by the staff member, regulationthe Consultant may request that he be replaced and such request shall not be unreasonably refused. 11.9. The Client undertakes to arrange for the provision of services by third parties, ordinance, directive, or rule or as deemed necessary if so provided and to the extent stated in Appendix (D) hereto. The Consultant shall co-operate with such firms and/or individuals engaged by GovTemps’ workers’ compensation carrierthe Client for the provision of such services. GovTemps and/or its insurance carriers have In the right to inspect the Client’s premises to ensure event that the Assigned Employee Consultant is not exposed delayed in obtaining the services of others as set forth in Appendix (D), he shall notify the Client of such delay and shall be entitled to an unsafe work placeappropriate extension of the time for performance of the Services and a proportional remuneration for completion of the Services insofar as any additional expenses are incurred by the Consultant. GovTemps’ rights under this paragraph do If the anticipated services are not diminish or alter the Client’s obligations to the Assigned Employee under applicable law, or its obligations to GovTemps under this Agreement; (b) With respect to the Assigned Employeeforthcoming, the Client and the Consultant shall agree on how the affected part of the Services will comply with all applicable labor be carried out and employment-related laws and regulations, and any other federal, state or local statute, state constitution, ordinance, order, regulation, policy or decision, prohibiting employment discrimination, or otherwise establishing or relating on the additional remuneration therefor insofar as such services are to be performed by the terms and conditions of Assigned Employee’s Assignment; (c) Consultant. The Client retains shall hold the right Consultant harmless against any losses or claims resulting from the failure of third parties to exert sufficient direction and control over provide the Assigned Employee as is necessary services to conduct the Client's business and operations, without which, the Client would be unable to conduct its business, operation or to comply with any applicable licensure, regulatory or statutory requirements; (d) The Client cannot remove or reassign the Assigned Employee unless mutually agreed to in writing arranged by GovTemps and the Client in accordance with Section 1.01 of this Agreement. Client will timely confer with GovTemps regarding any concern or complaint regarding Assigned Employee’s performance or conduct under this Agreement; Appendix (e) The Client will not pay wages, salaries or other forms of direct or indirect compensation, including employee benefits, to Assigned Employee. Client represents that its actions under this Agreement do not violate its obligations it may have under any collective bargaining agreement; (f) The Client must report to GovTemps any injury to any Assigned Employee of which it has knowledge within twenty-four (24) hours of acquiring such knowledge. If any Assigned Employee is injured in the course of performing services for the Client, the Client must follow the procedures and practices regarding injury claims and reporting; and (g) The Client must report all on the job illnesses, accidents and injuries of the Assigned Employee to GovTemps within twenty-four (24) hours following notification of said injury by Assigned Employee or Assigned Employee’s representativeD).

Obligations of the Client. Pursuant 11.1. The Client shall furnish without charge and within a reasonable time all pertinent data and information available to him relating to the Project and shall give such assistance as shall reasonably be required by the Consulting Engineer for the carrying out of his duties under this Agreement Agreement. The Client shall give his decision on all sketches, drawings, reports, recommendations and other matters properly referred to him for decision by the Consulting Engineer within a reasonable time so as not to delay or disrupt the performance by the Consulting Engineer of his duties under this Agreement. 11.2. The Client covenantsshall assist the Consulting Engineer, agrees and acknowledgeshis personnel and, where applicable, their dependants, in respect of the timely granting of or facilitating the following: (i) visas for entry to and exit from the country where the Works are to be carried out and such licenses and permits as may be necessary; (ii) access to all sites and locations involved in the execution of the Services; (iii) the privilege of (a) The Client will provide bringing into the Assigned Employee country reasonable amounts of foreign currency for the purposes of the Services or for the personal use of such personnel and (b) remittance by such personnel of such portion, as may be permitted in accordance with the laws and regulations of the country where the Works are to be carried out, of amounts earned by such personnel under their employment contracts in connection with the Services. (iv) insofar as the Consulting Engineer's remuneration is payable in the Client's country, a suitable workplace, firm authorization from the country's Central Bank or other appropriate authority that complies with US Occupational Safety and Health Administration (“OSHA”) statutes and regulations, and all other health and safety laws, regulations, ordinances, directives, and rules applicable the foreign exchange component of the remuneration under this Agreement shall be transferable to the Assigned Employee and Consulting Engineer's home country; and (v) repatriation of the Assigned Employee’s workplace. The Client agrees to comply, at its expense, with all health and safety directives from GovTemps’ internal and external loss control specialists, GovTemps’ workers’ compensation carrier, or any government agency having jurisdiction over Consulting Engineer's personnel in the place event of workemergencies. 11.3. The Client will provide render assistance in connection with clearance through customs of any equipment, materials and ensure use supplies required for the Services and such clearance also of all functional the personal protective equipment as required by effects of the Consulting Engineer's personnel. 11.4. Except when exemption has been arranged, the Client shall compensate the Consulting Engineer for the unrecovered cost of any federaltaxes, state or local lawduties, regulationlevies and other impositions under the laws and regulations in the country where the Works are carried out in respect of: (i) any equipment, ordinance, directive, or rule or as deemed necessary by GovTemps’ workers’ compensation carrier. GovTemps and/or its insurance carriers have materials and supplies brought into the right to inspect said country for the Client’s premises to ensure that purpose of carrying out the Assigned Employee is not exposed to an unsafe work place. GovTemps’ rights under this paragraph do not diminish or alter the Client’s obligations to the Assigned Employee under applicable law, or its obligations to GovTemps under this AgreementServices and which will be subsequently withdrawn therefrom; (bii) With respect any property brought into the aforesaid country by the Consulting Engineer or his personnel for their personal use and which will be subsequently withdrawn therefrom upon the departure of the Consulting Engineer and his personnel; and (iii) any stamp and other duties payable on documents. 11.5. The Client shall make available, free of charge for use by the Consulting Engineer and his personnel for the purpose of carrying out the Services, the equipment, facilities and services described in Appendix (D). 11.6. In the event of delay in making available to the Assigned EmployeeConsulting Engineer the equipment, facilities or services set forth in Appendix (D), the Consulting Engineer shall notify the Client of such delay and shall be entitled to an appropriate extension of time for performance of the Services and a proportional remuneration for completion of the Services, insofar as additional costs are incurred by the Consulting Engineer. 11.7. If the anticipated equipment and/or facilities are not forthcoming the Client and the Consulting Engineer shall agree on how the affected part of the Services shall be carried out and upon a revised remuneration therefor, insofar as additional costs are incurred by the Consulting Engineer. 11.8. The Client will, in conjunction with the Consulting Engineer, arrange for the selection and provision of counterpart personnel to be trained by and work under the exclusive direction of the Consulting Engineer. Such personnel shall be integrated in the Consulting Engineer's Project team in accordance with their abilities in such a way that it is possible for them to undertake progressively more responsibilities and tasks so that they may, after completion of their training, eventually be assigned for operation and maintenance of the Project or for other appropriate duties. In the event that any member of the counterpart personnel fails to perform adequately the work assigned to him by the Consulting Engineer and provided such work is consistent with the position occupied by such staff member, the Consulting Engineer may request that he be replaced and such request shall not be unreasonably refused. 11.9. The Client undertakes to arrange for the provision of services by third parties, if so provided and to the extent stated in Appendix (D) hereto. The Consulting Engineer shall co-operate with such firms and/or individuals engaged by the Client for the provision of such services. In the event that the Consulting Engineer is delayed in obtaining the services of others as set forth in Appendix (D), he shall notify the Client of such delay and shall be entitled to an appropriate extension of the time for performance of the Services and a proportional remuneration for completion of the Services, insofar as any additional expenses are incurred by the Consulting Engineer. If the anticipated services are not forthcoming, the Client and the Consulting Engineer shall agree on how the affected part of the Services will comply with all applicable labor be carried out and employment-related laws and regulations, and any other federal, state or local statute, state constitution, ordinance, order, regulation, policy or decision, prohibiting employment discrimination, or otherwise establishing or relating upon additional remuneration therefore insofar as such services are to be performed by the terms and conditions of Assigned Employee’s Assignment; (c) Consulting Engineer. The Client retains shall hold the right Consulting Engineer harmless against any losses or claims resulting from the failure of third parties to exert sufficient direction and control over provide the Assigned Employee as is necessary services to conduct the Client's business and operations, without which, the Client would be unable to conduct its business, operation or to comply with any applicable licensure, regulatory or statutory requirements; (d) The Client cannot remove or reassign the Assigned Employee unless mutually agreed to in writing arranged by GovTemps and the Client in accordance with Section 1.01 of this Agreement. Client will timely confer with GovTemps regarding any concern or complaint regarding Assigned Employee’s performance or conduct under this Agreement; Appendix (e) The Client will not pay wages, salaries or other forms of direct or indirect compensation, including employee benefits, to Assigned Employee. Client represents that its actions under this Agreement do not violate its obligations it may have under any collective bargaining agreement; (f) The Client must report to GovTemps any injury to any Assigned Employee of which it has knowledge within twenty-four (24) hours of acquiring such knowledge. If any Assigned Employee is injured in the course of performing services for the Client, the Client must follow the procedures and practices regarding injury claims and reporting; and (g) The Client must report all on the job illnesses, accidents and injuries of the Assigned Employee to GovTemps within twenty-four (24) hours following notification of said injury by Assigned Employee or Assigned Employee’s representativeD).

Obligations of the Client. Pursuant to this Agreement 5.1 Assistance and Unless otherwise specified in the SC, the Client covenants, agrees and acknowledgesshall use its best efforts to ensure Exemptions that the Government shall: (a) The Client will provide the Assigned Employee Consultants, Subconsultants and Personnel with a suitable workplacework permits and such other documents as shall be necessary to enable the Consultants, that complies with US Occupational Safety and Health Administration (“OSHA”) statutes and regulations, and all other health and safety laws, regulations, ordinances, directives, and rules applicable Subconsultants or Personnel to perform the Assigned Employee and the Assigned Employee’s workplace. The Client agrees to comply, at its expense, with all health and safety directives from GovTemps’ internal and external loss control specialists, GovTemps’ workers’ compensation carrier, or any government agency having jurisdiction over the place of work. The Client will provide and ensure use of all functional personal protective equipment as required by any federal, state or local law, regulation, ordinance, directive, or rule or as deemed necessary by GovTemps’ workers’ compensation carrier. GovTemps and/or its insurance carriers have the right to inspect the Client’s premises to ensure that the Assigned Employee is not exposed to an unsafe work place. GovTemps’ rights under this paragraph do not diminish or alter the Client’s obligations to the Assigned Employee under applicable law, or its obligations to GovTemps under this AgreementServices; (b) With respect arrange for the Personnel to the Assigned Employee, the Client will comply be provided promptly with all applicable labor necessary entry and employment-related laws and regulationsexit visas, residence permits, exchange permits and any other federal, state or local statute, state constitution, ordinance, order, regulation, policy or decision, prohibiting employment discrimination, or otherwise establishing or relating to the terms and conditions of Assigned Employee’s Assignmentdocuments required for their stay in Jamaica; (c) The Client retains issue to officials, agents and representatives of the right to exert sufficient direction Government all such instructions as may be necessary or appropriate for the prompt and control over effective implementation of the Assigned Employee as is necessary to conduct the Client's business and operations, without which, the Client would be unable to conduct its business, operation or to comply with any applicable licensure, regulatory or statutory requirementsServices; (d) The Client cannot remove or reassign exempt the Assigned Employee unless mutually agreed to in writing by GovTemps Consultants and the Client in accordance with Section 1.01 of this Agreement. Client will timely confer with GovTemps regarding Personnel and any concern Subconsultants employed by the Consultants for the Services from any requirement to register or complaint regarding Assigned Employee’s performance obtain any permit to practice their profession or conduct under this Agreementto establish themselves either individually or as a corporate entity according to the Applicable Law; (e) The Client will not pay wagesgrant to any foreign Consultants, salaries or other forms any Subconsultant and the Personnel of direct or indirect compensationeither of them the privilege, including employee benefitspursuant to the Applicable Law, to Assigned Employee. Client represents that its actions under this Agreement do not violate its obligations it of bringing into Jamaica reasonable amounts of foreign currency for the purposes and of withdrawing any such amounts as may have under any collective bargaining agreement;be earned therein by the Personnel in the execution of the Services; and (f) provide to the Consultants, Subconsultants and Personnel any such other assistance as may be specified in the SC. 5.2 Access to Property The Client must report warrants that the Consultants shall have, free of charge, unimpeded access to GovTemps any injury to any Assigned Employee all property in Jamaica in respect of which it has knowledge within twenty-four (24) hours of acquiring such knowledge. If any Assigned Employee access is injured in the course of performing services required for the Clientperformance of the Services. The Client will be responsible for any damage to such land or any property thereon resulting from such access and will indemnify the Consultants and each of the Personnel in respect of liability for any such damage, unless such damage is caused by the default or negligence of the Consultants or any Subconsultant or the Personnel of either of them. 5.3 Payment In consideration of the Services performed by the Consultants under this Contract, the Client must follow shall make to the procedures Consultants such payments and practices regarding injury claims and reporting; and (g) The Client must report all on the job illnesses, accidents and injuries in such manner as is provided by Clause GC 6 of the Assigned Employee to GovTemps within twenty-four (24) hours following notification of said injury by Assigned Employee or Assigned Employee’s representativethis Contract.