Option to Replace personnel Clause Samples
The 'Option to Replace Personnel' clause grants one party the right to request or require the replacement of specific individuals assigned to perform contractual services. In practice, this clause typically applies when the client is dissatisfied with the performance, conduct, or qualifications of personnel provided by the service provider, allowing the client to formally request a substitution. Its core function is to ensure that the quality and suitability of personnel meet the contractual standards, thereby maintaining service quality and addressing issues without terminating the entire agreement.
Option to Replace personnel a) Buyer may at any time notify Seller that it requires Seller to replace any of its employees, or any of the employees of its contractors, sub-contractors and/or agents, involved in the provision of the Fuel and/or Services to the Buyer if the reason for the request is due to:
(i) such employee being in breach of the Fuel Standards and Requirements and/or Operations Procedures or is otherwise involved in any flight safety issue; or
(ii) serious misconduct by that employee.
b) If Buyer notifies Seller in accordance with Article 4A(5)(a), Seller must immediately withdraw the employee or use its best endeavours to ensure and procure its contractor, sub-contractors or agent to immediately withdraw the employee from being involved in the provision of Fuel and the Services.
c) If Seller is required to replace the person in accordance with Article 4A(5)(a), it must:
(i) do so with another person of suitable ability and qualifications; and
(ii) ensure that the person being replaced does not have access to (or otherwise be in the vicinity of) Buyer’s aircraft.
d) Where the Buyer has provided its prior written consent, the Seller may permit the person replaced under this Article to recommence providing the Fuel and the Services to Buyer under the Agreement.
e) For the avoidance of doubt, the Seller’s obligation to replace any of its employees or to ensure and procure the replacement of employees of its contractors, sub-contractors and/or agents under this Article is not, and shall not be or be deemed to be under any circumstances an obligation to terminate an employee.
Option to Replace personnel a. THE AIRLINES may at any time notify TERPEL of any complaint or claim in relation to any employees or any of the contractor’s, subcontractor’s and/or agents’ employees associated to the fuel supply or the provision of other Services to TERPEL if said request is a result of:
Option to Replace personnel a) Buyer may at any time notify Seller that it requires ▇▇▇▇▇▇ to replace any of its employees, or any of the employees of its contractors, sub-contractors anďor agents, involved in the provision of the Fuel and/or Services to the Buyer if the reason for the request is due to:
Option to Replace personnel a. THE AIRLINES may at any time notify TERPEL of any complaint or claim in relation to any employees or any of the contractor’s, subcontractor’s and/or agents’ employees associated to the fuel supply or the provision of other Services to TERPEL if said request is a result of:
i. Said employee not complying with the Fuel Standards and Requirements and/or the Operating Procedures or is involved in any other flight safety issue; or
ii. Said employee has engaged in serious misconduct. TERPEL reserves the right to make decisions or actions that at it considers pertinent at its discretion to resolve a claim made by the airlines. TERPEL shall inform THE AIRLINES of the decisions and actions taken. TERPEL will develop, or already has and will maintain, an organizational culture with a philosophy of “safety above all”, setting forth the basis for all activities performed by its employees and will make its best effort to ensure and obtain the same from its contractors, subcontractors and/or agents.
Option to Replace personnel a) Buyer may at any time notify Seller that it requires Seller to replace any of its employees, or any of the employees of its contractors, sub-contractors and/or agents, involved in the provision of the Fuel and/or Services to the Buyer if the reason for the request is due to:
(i) such employee being in breach of the Fuel Standards and Requirements and/or Operations Procedures or is otherwise involved in any flight safety issue; or serious misconduct by that employee.
b) If Buyer notifies Seller in accordance with Article 4A(5)(a), Seller must immediately withdraw the employee or use its best endeavours to ensure and procure its contractor, sub-contractors or agent to immediately withdraw the employee from being involved in the provision of Fuel and/or Services to the Buyer. Simultaneously the Seller shall launch an investigation on the reasons notified by the Buyer. The results of this investigation shall be submitted, as soon as available, to the Buyer for consideration of whether the employee should be reinstated to perform in the provision of Fuel and/or Services to the Buyer.
c) If Seller is required to replace the person in accordance with Article 4A(5)(a), it must: do so with another person of suitable ability and qualifications; and