Common use of Professional Team Clause in Contracts

Professional Team. 1.3.1 Professional shall use the employees and consultants designated on the “Schedule of Services and Consultants”, attached hereto as Exhibit B, (the “Professional Team”) for the performance of the Services. Professional shall not remove or replace any members of the Professional Team, except upon approval by Owner in writing based upon good cause shown. Further, if any member of the Professional Team discontinues service on the Project for any reason whatsoever, Professional shall promptly replace such Professional Team member with an individual approved by Owner, in writing. Professional further agrees, within fourteen (14) calendar days of receipt of a written request from Owner, to promptly remove and replace Professional’s Representative (hereinafter defined), or any other personnel employed or retained by Professional, or any consultants or any personnel of any such consultants engaged by Professional to provide and perform Services, whom Owner shall request in writing to be removed, which request may be made by Owner with or without cause. 1.3.2 Professional has employed and hereby designates to serve as Professional’s representative (“Professional’s Representative”). Professional’s Representative is authorized and responsible to act on behalf of Professional with respect to directing, coordinating and administering all aspects of the Services. By execution of this Agreement, Professional acknowledges that Professional’s Representative has full authority to bind and obligate Professional on all matters arising out of or relating to this Agreement. Professional shall cause Professional’s Representative to devote whatever time is required to satisfactorily manage the Services. Further, Professional shall not remove Professional’s Representative identified above from the Project without Owner’s prior written approval, and if so removed, Professional’s Representative must be immediately replaced with a person acceptable to Owner. 1.3.3 No consultant may perform Services without the prior written approval of Owner. Professional shall be responsible for retaining any consultants and shall be solely responsible for paying any and all costs or expenses related thereto. Professional’s consultants shall be considered as agents of Professional, and Professional shall be responsible for all actions, omissions, breaches, negligence and misconduct of its consultants, as if Professional had performed the services of its consultants directly. All of Professional’s agreements with its consultants shall be in writing, signed by both parties and shall include the following provision: "Owner is intended to be an express, recognized third-party beneficiary of this Agreement.” Should Owner terminate this Agreement, Owner shall, upon Owner’s request, obtain assignment of those of Professional’s agreement(s)

Appears in 2 contracts

Samples: Professional Services, Professional Services

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Professional Team. 1.3.1 Professional shall use the employees and consultants designated on the “Schedule of Services and Consultants”, attached hereto as Exhibit B, (the “Professional Team”) for the performance of the Services. Professional shall not remove or replace any members of the Professional Team, except upon approval by Owner in writing based upon good cause shown. Further, if any member of the Professional Team discontinues service on the Project for any reason whatsoever, Professional shall promptly replace such Professional Team member with an individual approved by Owner, in writing. Professional further agrees, within fourteen (14) calendar days of receipt of a written request from Owner, to promptly remove and replace Professional’s Representative (hereinafter defined), or any other personnel employed or retained by Professional, or any consultants or any personnel of any such consultants engaged by Professional to provide and perform Services, whom Owner shall request in writing to be removed, which request may be made by Owner with or without cause. 1.3.2 . Professional has employed and hereby designates _________________________ to serve as Professional’s representative (“Professional’s Representative”). Professional’s Representative is authorized and responsible to act on behalf of Professional with respect to directing, coordinating and administering all aspects of the Services. By execution of this Agreement, Professional acknowledges that Professional’s Representative has full authority to bind and obligate Professional on all matters arising out of or relating to this Agreement. Professional shall cause Professional’s Representative to devote whatever time is required to satisfactorily manage the Services. Further, Professional shall not remove Professional’s Representative identified above from the Project without Owner’s prior written approval, and if so removed, Professional’s Representative must be immediately replaced with a person acceptable to Owner. 1.3.3 No consultant may perform Services without the prior written approval of Owner. Professional shall be responsible for retaining any consultants and shall be solely responsible for paying any and all costs or expenses related thereto. Professional’s consultants shall be considered as agents of Professional, and Professional shall be responsible for all actions, omissions, breaches, negligence and misconduct of its consultants, as if Professional had performed the services of its consultants directly. All of Professional’s agreements with its consultants shall be in writing, signed by both parties and shall include the following provision: "Owner is intended to be an express, recognized third-party beneficiary of this Agreement.” Should Owner terminate this Agreement, Owner shall, upon Owner’s request, obtain assignment of those of Professional’s agreement(s)

Appears in 1 contract

Samples: Professional Services

Professional Team. 1.3.1 Professional shall use the employees and consultants designated on the “Schedule of Services and Consultants”, attached hereto as Exhibit BC, (the “Professional Team”) for the performance of the Services. Professional shall not remove or replace any members of the Professional Team, except upon approval by Owner in writing based upon good cause shown. Further, if any member of the Professional Team discontinues service on the Project for any reason whatsoever, Professional shall promptly replace such Professional Team member with an individual approved by Owner, in writing. Professional further agrees, within fourteen (14) calendar days of receipt of a written request from Owner, to promptly remove and replace Professional’s Representative (hereinafter defined), or any other personnel employed or retained by Professional, or any consultants or any personnel of any such consultants engaged by Professional to provide and perform Services, whom Owner shall request in writing to be removed, which request may be made by Owner with or without cause. 1.3.2 Professional has employed and hereby designates to serve as Professional’s representative (“Professional’s Representative”). Professional’s Representative is authorized and responsible to act on behalf of Professional with respect to directing, coordinating and administering all aspects of the Services. By execution of this Agreement, Professional acknowledges that Professional’s Representative has full authority to bind and obligate Professional on all matters arising out of or relating to this Agreement. Professional shall cause Professional’s Representative to devote whatever time is required to satisfactorily manage the Services. Further, Professional shall not remove Professional’s Representative identified above from the Project without Owner’s prior written approval, and if so removed, removed Professional’s Representative must be immediately replaced with a person acceptable to Owner. 1.3.3 No consultant may perform Services without the prior written approval of Owner. Professional shall be responsible for retaining any Professional’s consultants and shall be solely responsible for paying any and all costs or expenses related thereto. Professional’s consultants shall be considered as agents of Professional, and Professional shall be responsible for all actions, omissions, breaches, negligence and misconduct of its Professional’s consultants, as if Professional had performed the services of its Professional’s consultants directly. All of Professional’s agreements with its Professional’s consultants shall be in writing, signed by both parties and shall include the following provision: "Owner is intended to be an express, recognized third-party beneficiary of this Agreement.” Should Owner terminate this Agreement, Owner shall, upon Owner’s request, obtain assignment of those of Professional’s agreement(s)

Appears in 1 contract

Samples: Professional Services

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Professional Team. 1.3.1 Professional shall use the employees and consultants designated on the “Schedule of Services and Consultants”, attached hereto as Exhibit B, (the “Professional Team”) for the performance of the Services. Professional shall not remove or replace any members of the Professional Team, except upon approval by Owner in writing based upon good cause shown. Further, if any member of the Professional Team discontinues service on the Project for any reason whatsoever, Professional shall promptly replace such Professional Team member with an individual approved by Owner, in writing. Professional further agrees, within fourteen (14) calendar days of receipt of a written request from Owner, to promptly remove and replace Professional’s Representative (hereinafter defined), or any other personnel employed or retained by Professional, or any consultants or any personnel of any such consultants engaged by Professional to provide and perform Services, whom Owner shall request in writing to be removed, which request may be made by Owner with or without cause. 1.3.2 Professional has employed and hereby designates to serve as Professional’s representative (“Professional’s Representative”). Professional’s Representative is authorized and responsible to act on behalf of Professional with respect to directing, coordinating and administering all aspects of the Services. By execution of this Agreement, Professional acknowledges that Professional’s Representative has full authority to bind and obligate Professional on all matters arising out of or relating to this Agreement. Professional shall cause Professional’s Representative to Representativeto devote whatever time is required to satisfactorily manage the Services. Further, Professional shall not remove Professional’s Representative identified above from the Project without Owner’s prior written approval, and if so removed, Professional’s Representative must be immediately replaced with a person acceptable to Owner. 1.3.3 No consultant may perform Services without the prior written approval of Owner. Professional shall be responsible for retaining any consultants and shall be solely responsible for paying any and all costs or expenses related thereto. Professional’s consultants shall be considered as agents of Professional, and Professional shall be responsible for all actions, omissions, breaches, negligence and misconduct of its consultants, as if Professional had performed the services of its consultants directly. All of Professional’s agreements with its consultants shall be in writing, signed by both parties and partiesand shall include the following provision: "Owner is intended to be an express, recognized third-recognizedthird- party beneficiary of this Agreement.” Should Owner terminate this Agreement, Owner shall, upon Owner’s request, obtain assignment of those of Professional’s agreement(s)) elected by Owner. Each of Professional’s agreements with its consultants shall specifically provide that Owner shall only be responsible to the consultant for those obligations of Professional that accrue subsequent to Owner’s exercise of its right to take an assignment of such agreement. As a condition precedent to Owner’s obligation to pay Professional’s invoices, Professional shall provide to Owner copies of all of its agreements with consultants. 1.3.4 Professional certifies that no employee or consultant will be assigned to perform any Services that poses any threat or risk of harm to the health, safety or welfare of any

Appears in 1 contract

Samples: Professional Services

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