Operator’s Personnel. Operator shall at all times be responsible for and hold harmless and indemnify Contractor from and against all claims, demands, and causes of action of every kind and character on account of bodily injury, illness or death of Operator’s Personnel or Operator’s invitees or damage to their property.
Operator’s Personnel. The Operator shall make all reasonable efforts to ensure that the Operator’s Personnel do not violate this Article 6. Such efforts shall include, but shall not be limited to, bringing the prohibitions under this Article to the attention of all such Personnel.
Operator’s Personnel. (a) Operator’s Facility Work Force organization structure and staffing plan as of the Commencement Date is set forth in Exhibit A. The Operator shall not change the organizational structure or staffing plan of the Facility Work Force without the consent of Owner, which consent shall not be unreasonably withheld or delayed.
(b) Operator shall designate a Plant Manager authorized to direct the day-to-day performance of the Services at the Facility. Operator’s designation of the Plant Manager, or any successor Plant Manager, shall be subject to Owner’s approval, which approval shall not be unreasonably withheld. Owner shall be entitled to rely on the authority of the Plant Manager to act on behalf of Operator with regard to the day-to-day performance of the Services at the Facility.
(c) Operator shall designate a Contract Manager to represent and act on behalf of Operator and receive communications from Owner. Notification of changes of Contract Manager shall be provided to Owner in a timely manner. The Contract Manager shall be responsible for representing Operator’s interests with respect to this Agreement, other than the day-to-day performance of the Services at the Facility directed by the Plant Manager. Owner shall be entitled to rely on the authority of the Contract Manager to act on behalf of and commit Operator in regard to all matters under this Agreement. Any notices given to the Contract Manager pursuant to this Agreement shall be deemed to have been given to Operator. The initial Contract Manager is Xxxx Xxxxxxx, who is acceptable to Owner.
(d) From and after the Commencement Date, Operator shall provide and employ in connection with the performance of Services under this Agreement: (i) professional and technically competent management personnel for the execution of the Services; and (ii) other qualified, skilled and experienced labor, in each case as necessary for the proper and timely execution of the Services; provided, however, that Owner recognizes that Operator may hire personnel (“Duke Personnel”) from the prior operator of the Facility in connection with the acquisition of the Facility by Owner, and Operator will have no prior experience with such personnel and therefore cannot warrant that they meet the standards set forth above. Operator will determine as promptly as practical whether such Duke personnel meet the standards set forth above, and if it determines that such personnel do not meet such standards, then Operator will terminate t...
Operator’s Personnel. The Operator shall not disclose Confidential Information to any of the Operator’s Personnel not having a need to know such information in connection with the performance of this Agreement, and the Operator shall ensure that it maintains custody or control of any record of Confidential Information that results from any such disclosure.
Operator’s Personnel. COMPANY hereby agrees to indemnify and hold CONTRACTOR harmless from and against any loss or liability arising out of any claims, demands or causes of action on account of injuries to or death of COMPANY's Personnel and its invitees, including loss or damage to their property and equipment, caused by or resulting from or growing out of or incidental to the Work. Except as provided below in this Section 9.8, for purposes of this Section 9.8, the term "COMPANY's Personnel" shall not include the personnel, employees, agents and invitees of COMPANY's subcontractors (excluding CONTRACTOR) of any tier. The intent of Sections 9.7 and 9.8 is to minimize disputes regarding liability for injury to, illness or death of personnel and/or damage or loss of their personal property. In order to fully realize the benefits of this intent, the Parties agree that CONTRACTOR will endeavor, with the assistance of COMPANY, to enter into Agreements for Mutual Indemnity and Waiver of Recourse with COMPANY's other subcontractors, in the form set out in Appendix H attached hereto. In the event that either: (a) a subcontractor has not executed such agreement, or (b) the enforceability of such agreement is voided, in whole or in part, during a judicial proceeding, or (c) a subcontractor fails to indemnify CONTRACTOR in accordance with such agreement to any degree, then the term "COMPANY's Personnel" shall include the employees, personnel, agents and invitees of such subcontractor, and COMPANY shall indemnify and hold CONTRACTOR harmless from and against any loss or liability arising out of any claims, demands or causes of action on account of injuries to or death of COMPANY's Personnel, including loss or damage to their personal property, caused by or resulting from or growing out of or incidental to the Work.
Operator’s Personnel. Operator shall ensure that all of its employees and those of its other contractors are in material compliance with applicable Host Country immigration laws.
Operator’s Personnel. (a) The Operator shall provide and employ on the Site for the performance of the Services such skilled, semi-skilled and unskilled labour as is necessary for the proper and timely execution of the Contract (the “Operator’s Personnel”). The Operator is encouraged to use local labour that has the necessary skills. The Operator shall provide all expertise needed to carry out the Services including the expertise listed in the Operator’s Bid.
(b) Unless otherwise provided in the Contract, the Operator shall be responsible for the recruitment, employment, transportation, accommodation and catering of all labour, local or expatriate, required for the execution of the Contract and for all payments in connection therewith.
Operator’s Personnel. 10.1 The Terminal Operator’s Personnel shall be regarded at all times as employees, agents or Subcontractors of the Terminal Operator and no relationship of employer and employee shall arise between Transnet and any Terminal Operator Personnel under any circumstances regardless of the degree of supervision that may be exercised over the Personnel by Transnet.
10.2 The Terminal Operator warrants that all its Personnel will be entitled to work in South Africa or any other country in which the Services are to be performed.
10.3 The Terminal Operator will ensure that its Personnel comply with all reasonable requirements made known to the Terminal Operator by Transnet concerning conduct at any Transnet premises or any other premises upon which the Services are to be performed [including but not limited to security regulations, policy standards and codes of practice and health and safety requirements]. The Terminal Operator will ensure that such Personnel at all times act in a lawful and proper manner in accordance with these requirements.
10.4 Transnet reserves the right to refuse to admit or to remove from any premises occupied by or on behalf of it, any Terminal Operator Personnel whose admission or presence would, in the reasonable opinion of Transnet, be undesirable or who represents a threat to confidentiality or security or whose presence would be in breach of any rules and regulations governing Transnet's Personnel, provided that Transnet notifies the Terminal Operator of any such refusal [with reasons why]. The reasonable exclusion of any such individual from such premises shall not relieve the Terminal Operator from the performance of its obligations under this Agreement.
10.5 The Terminal Operator agrees to use all reasonable endeavours to ensure the continuity of its Personnel assigned to perform the Services. If any re-assignment by the Terminal Operator of those Personnel is necessary, or if Transnet advises that any such Personnel assigned are in any respect unsatisfactory, including where any such Personnel are, or are expected to be or have been absent for any period, then the Terminal Operator will promptly supply a replacement of equivalent calibre and experience, and any such replacement shall be approved by Transnet prior to commencing provision of the Services, such approval not to be unreasonably withheld or delayed.
Operator’s Personnel. Operator agrees to protect, defend, indemnify, and save Contractor, its officers, directors and employees harmless from and against all claims, demands, and causes of action of every kind and character, without limit and without regard to the cause or causes thereof or the negligence of any Party or Parties, arising in connection herewith in favor of Operator’s employees or Operator’s contractors or their employees, or Operator’s invitees, other than those parties identified in paragraph 1004 on account of bodily injury, death or damage to property. If it is judicially determined that the monetary limits of insurance required hereunder or of the indemnities voluntarily and mutually assumed under paragraph 1005 (which Contractor and Operator hereby agree will be supported either by available liability insurance, under which the insurer has no right to subrogation against the indemnities, or voluntarily self-insured, in part or whole) exceed the maximum limits permitted under applicable law, it is agreed that said insurance requirements or indemnities shall automatically be amended to conform to the maximum monetary limits permitted under such law.
Operator’s Personnel. Operator shall take reasonable steps to ensure the reliability of any employee, agent or contractor of any Operator who may have access to the Company Personal Information, ensuring in each case that access is strictly limited to those individuals who need to know / access the relevant Company Personal Information, as strictly necessary for the purposes of the Main Agreement, ensuring that all such individuals are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.
