PERSONNEL ASSIGNMENT. A. Contractor shall assign , Project Manager, and as the Project Superintendent for the Project. So long as the Project Manager and Project Superintendent remain in the employ of Contractor, such persons shall not be changed or substituted from the Project, or cease to be fully committed to the Project except as provided in this Section. In the event Contractor deems it necessary, Contractor shall replace the Project Manager/Superintendent for the Project with a replacement with like qualifications and experience, subject to the prior written consent of District, which consent shall not be unreasonably withheld. Any violation of the terms and provisions of this Section 12.A. shall entitle District to terminate this Construction Services Agreement for breach, pursuant to the provisions of Section 11, above. B. Notwithstanding the foregoing provisions of Section 12.A., above, if the Project Manager/Superintendent proves not to be satisfactory to District, upon written notice from District to Contractor such person shall be promptly replaced by a person who is acceptable to District in accordance with the following procedures: Within five (5) business days after receipt of a notice from District requesting the replacement of the Project Manager/Superintendent or promptly following the discovery by Contractor that the Project Manager/Superintendent is leaving the employ of Contractor, as the case maybe, Contractor shall provide District with the name of an acceptable replacement/substitution (together with such person’s resume and other information regarding such person’s experience and qualifications). The replacement/substitution shall commence work on the Project no later than five
Appears in 8 contracts
Samples: Site Lease, Construction Services Agreement, Construction Services Agreement
PERSONNEL ASSIGNMENT. A. Contractor shall assign , as Construction Manager and a Project Manager, and as the Project /Superintendent for the ProjectProject approved by the District. So long as the Construction Manager and/or the Project Manager and Project Manager/Superintendent remain in the employ of the Contractor, such persons shall not be changed or substituted from the Project, or cease to be fully committed to the Project except as provided in this Section. In the event Contractor deems it necessary, Contractor shall replace the Construction Manager and/or Project Manager/Superintendent for the Project with a replacement with like qualifications and experience, subject to the prior written consent of the District, which consent shall not be unreasonably withheld. Any violation of the terms and provisions of this Section 12.A. 13 (A) shall entitle the District to terminate this Construction Services Agreement for breach, pursuant to the provisions of Section 11, above12.
B. Notwithstanding the foregoing provisions of Section 12.A.13 (A), above, if the any Construction Manager and/or Project Manager/Superintendent proves not to be satisfactory to the District, upon written notice from the District to the Contractor such person shall be promptly replaced by a person who is acceptable to the District in accordance with the following procedures: :
(1) Within five (5) business days after receipt of a notice from the District requesting the replacement of the any Construction Manager and/or Project Manager/Superintendent or promptly following the discovery by the Contractor that the any Construction Manager and/or Project Manager/Superintendent is leaving the employ of the Contractor, as the case maybemay be, the Contractor shall provide the District with the name of an acceptable replacement/substitution (together with such person’s 's resume and other information regarding such person’s 's experience and qualifications). The replacement/substitution shall commence work on the Project no later than fivefive (5) business days following the District's approval of such replacement, which approval shall not be unreasonably withheld. In the event that the District and Contractor cannot agree as to the substitution of replacement Construction Manager and/or Project Manager/Superintendent, the District shall be entitled to terminate this Construction Services Agreement for breach, pursuant to the provisions of Section 12.
Appears in 3 contracts
Samples: Construction Services Agreement, Construction Services Agreement, Construction Services Agreement
PERSONNEL ASSIGNMENT. A. Contractor shall assign , Project Manager, and as the Project Superintendent for the Project. So long as the Project Manager and Project Superintendent remain in the employ of Contractor, such persons shall not be changed or substituted from the Project, or cease to be fully committed to the Project except as provided in this Section. In the event Contractor deems it necessary, Contractor shall replace the Project Manager/Superintendent for the Project with a replacement with like qualifications and experience, subject to the prior written consent of District, which consent shall not be unreasonably withheld. Any violation of the terms and provisions of this Section 12.A. shall entitle District to terminate this Construction Services Agreement for breach, pursuant to the provisions of Section 11, above.
B. Notwithstanding the foregoing provisions of Section 12.A., above, if the Project Manager/Superintendent proves not to be satisfactory to District, upon written notice from District to Contractor such person shall be promptly replaced by a person who is acceptable to District in accordance with the following procedures: Within five (5) business days after receipt of a notice from District requesting the replacement of the Project Manager/Superintendent or promptly following the discovery by Contractor that the Senior Project Manager/Superintendent is leaving the employ of Contractor, as the case maybe, Contractor shall provide District with the name of an acceptable replacement/substitution (together with such person’s resume and other information regarding such person’s experience and qualifications). The replacement/substitution shall commence work on the Project no later than fivefive (5) business days following District’s approval of such replacement, which approval shall not be unreasonably withheld. In the event that District and Contractor cannot agree as to the substitution or replacement of the Project Manager/Superintendent, as applicable, District shall be entitled to terminate this Construction Services Agreement for breach, pursuant to the provisions of Section 11, above.
Appears in 2 contracts
Samples: Construction Services Agreement, Construction Services Agreement
PERSONNEL ASSIGNMENT. A. Contractor shall assign _, Senior Project Manager, and as the Project Superintendent for the Project. So long as the Project Manager and Project Superintendent remain in the employ of Contractor, such persons shall not be changed or substituted from the Project, or cease to be fully committed to the Project except as provided in this Section. In the event Contractor deems it necessary, Contractor shall replace the Senior Project Manager/Superintendent for the Project with a replacement with like qualifications and experience, subject to the prior written consent of District, which consent shall not be unreasonably withheld. Any violation of the terms and provisions of this Section 12.A. shall entitle District to terminate this Construction Services Agreement for breach, pursuant to the provisions of Section 11, above.
B. Notwithstanding the foregoing provisions of Section 12.A., above, if the Senior Project Manager/Superintendent proves not to be satisfactory to District, upon written notice from District to Contractor such person shall be promptly replaced by a person who is acceptable to District in accordance with the following procedures: Within five (5) business days after receipt of a notice from District requesting the replacement of the Senior Project Manager/Superintendent or promptly following the discovery by Contractor that the Senior Project Manager/Superintendent is leaving the employ of Contractor, as the case maybe, Contractor shall provide District with the name of an acceptable replacement/substitution (together with such person’s resume and other information regarding such person’s experience and qualifications). The replacement/substitution shall commence work on the Project no later than five
Appears in 1 contract
Samples: Construction Services Agreement
PERSONNEL ASSIGNMENT. A. Contractor shall assign _, Senior Project Manager, and as the Project Superintendent for the Project. So long as the Project Manager and Project Superintendent remain in the employ of Contractor, such persons shall not be changed or substituted from the Project, or cease to be fully committed to the Project except as provided in this Section. In the event Contractor deems it necessary, Contractor shall replace the Project Manager/Superintendent for the Project with a replacement with like qualifications and experience, subject to the prior written consent of District, which consent shall not be unreasonably withheld. Any violation of the terms and provisions of this Section 12.A. shall entitle District to terminate this Construction Services Agreement for breach, pursuant to the provisions of Section 11, above.
B. Notwithstanding the foregoing provisions of Section 12.A., above, if the Project Manager/Superintendent proves not to be satisfactory to District, upon written notice from District to Contractor such person shall be promptly replaced by a person who is acceptable to District in accordance with the following procedures: Within five (5) business days after receipt of a notice from District requesting the replacement of the Project Manager/Superintendent or promptly following the discovery by Contractor that the Project Manager/Superintendent is leaving the employ of Contractor, as the case maybe, Contractor shall provide District with the name of an acceptable replacement/substitution (together with such person’s resume and other information regarding such person’s experience and qualifications). The replacement/substitution shall commence work on the Project no later than five
Appears in 1 contract
Samples: Construction Services Agreement