PROVIDER PERSONNEL. 1. The parties recognize that the primary value of the Provider to the Department derives directly from its Key Personnel assigned in the performance of this Agreement. Key Personnel are deemed to be those individuals whose résumés were offered by the Provider in the Proposal. Therefore, the parties agree that said Key Personnel shall be assigned in accordance with the time frames in the most recent mutually agreed upon project schedule and work plan, and that no re-deployment or replacement of any Key Personnel may be made without the prior written consent of the Agreement Administrator. Replacement of such personnel, if approved, shall be with personnel of equal or greater abilities and qualifications.
2. The Department shall retain the right to reject any of the Provider's employees whose abilities and qualifications, in the Department's judgment, are not appropriate for the performance of this Agreement. In considering the Provider's employees' abilities and qualifications, the Department shall act reasonably and in good faith.
3. During the course of this Agreement, the Department reserves the right to require the Provider to reassign or otherwise remove any of its employees found unacceptable by the Department. In considering the Provider's employees' acceptability, the Department shall act reasonably and in good faith.
4. In signing this Agreement, the Provider certifies to the best of its knowledge and belief that it, and all persons associated with this Agreement, including any Subcontractors, including persons or corporations who have critical influence on or control over this Agreement, are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any Federal or State department or agency.
5. During the course of this Agreement, the Department reserves the right to require a background check on any of the Provider’s personnel (employees and Subcontractors) that are in any way involved in the performance of this Agreement.
PROVIDER PERSONNEL. 9.1 The Department and Provider agree and acknowledge that in the event of the Provider ceasing to provide the Services or part of them for any reason, Clause 25 (Re-Provision of the Services) of the Agreement will apply.
PROVIDER PERSONNEL. The Parties recognize that the primary value of the Provider to the Trust derives directly from the Provider’s Key Personnel assigned in the performance of this Agreement. “Key Personnel” are deemed to be those individuals whose résumés were offered by the Provider in the Provider’s Proposal. Key Personnel shall be assigned in accordance with the Provider’s Proposal, and no re-deployment or replacement of any Key Personnel may be made without the prior written consent of the Agreement Administrator, which consent shall not be unreasonably withheld. Replacement of such personnel, if approved, shall be with personnel of equal or greater abilities and qualifications. The Trust shall retain the right to reject any of the Provider's employees whose abilities and qualifications, in the Trust's judgment, are not appropriate for the performance of this Agreement. The Trust reserves the right to require the Provider to reassign or otherwise remove any of its employees, agents, or subcontractors found unacceptable by the Trust. The Trust reserves the right to require a background check on any of the Provider’s personnel (employees and subcontractors) that are in any way involved in the performance of this Agreement.
PROVIDER PERSONNEL. 7.1 The Provider shall take all reasonable steps to ensure the reliability and integrity of all Provider Personnel who have access to Personal Data and shall ensure that it takes all reasonable steps to ensure the reliability and integrity of any Provider Personnel who have access to the Personal Data and ensure that they:
(a) are aware of and comply with the Provider’s duties under this clause;
(b) are subject to appropriate confidentiality undertakings with the Provider or any Sub-Contractor;
(c) are informed of the confidential nature of the Personal Data and do not publish, disclose or divulge any of the Personal Data to any third Party unless directed in writing to do so by the Council or as otherwise permitted by this Agreement; and
(d) have undergone adequate training in the use, care, protection and handling of Personal Data;
7.2 The Provider shall ensure that Provider Personnel :
7.2.1 receive information security training on induction and annual refresher training;
7.2.2 are aware of the controls the Provider has established for the protection of Personal Data at rest or in transit; in physical and electronic format, stored in both secure and non-secure locations and of the Provider’s procedure for the reporting and management of security incidents;
7.3 The Provider shall ensure that only such of the Provider Personnel who may assist in carrying out its obligations under this Agreement shall have access to Personal Data and that such Provider Personnel have been vetted in line with Good Industry Practice and in accordance with any specific requirements of the Council.
7.4 The Provider shall ensure that none of the Provider Personnel used to carry out the services disclose any Personal Data to any third party except where expressly authorised to do so for the delivery of the services and as specified in Schedule 2.
7.5 Save as provided in clause 7.4, the Provider shall ensure that none of the Provider Personnel publish, disclose or divulge any Personal Data to a third party unless instructed to do so in writing by the Council.
PROVIDER PERSONNEL. “Provider Personnel” means all of the employees of Provider and Provider Affiliates who perform any Services. A BFA Recipient may request, and Provider will furnish, a staffing plan regarding Provider Personnel for a Service at any time during the Term.
PROVIDER PERSONNEL. (a) Dentist Personnel. Provider shall retain, as a Provider Expense ----------------- and not as a Clinic Expense, that number of dentists during the Term which are necessary and appropriate, in Provider's sole discretion after consultation with Service Company, to provide Dental Care to reasonably meet the demand therefor. Provider shall cause each dentist retained by Provider to hold and maintain a valid and unrestricted license to practice dentistry in the State of Wisconsin, including without limitation any licenses required for the provision of any specialty dental services, together with all necessary or appropriate board or other certifications. Throughout the Term, Provider shall enter into and maintain a written employment agreement substantially in the form of Exhibit D for all dentists now and hereafter employed by Provider; provided that Provider shall, throughout the Term, enter into and maintain a written employment agreement substantially in the form of Exhibit C with each dentist of Provider who now or hereafter is either an executive officer (at a level of vice president or above) of or Policy Board member designated by Provider; and provided further that Provider shall, immediately upon execution of this agreement, enter into and maintain a written employment agreement substantially in the form of Exhibit C with each of the dentists set forth on Exhibit E. Throughout the Term, Provider shall enter into and maintain a written agreement with each independent contractor retained by Provider, which agreements shall contain confidentiality provisions substantially similar to those contained in the employment agreement in the form of Exhibit D. Provider shall be responsible for paying the compensation and benefits as applicable, for all dentists and any other dentist personnel or other contracted or affiliated dentists, and for withholding all sums for income tax, unemployment insurance, social security, or any other withholding required by applicable law. Service Company may, on behalf of Provider, administer the compensation and benefits with respect to such individuals in accordance with the written agreement between Provider and each dentist. Service Company shall neither control nor direct any dentist in the performance of Dental Care for patients. Provider shall provide to Service Company evidence of such licensing, certifications, and other credentials of the dentists retained by Provider as Service Company may request from time to time.
PROVIDER PERSONNEL. Any individuals Provider assigns to provide Services, including without limitation Provider’s employees, temporary personnel, contractors, subcontractors, and other third parties under Provider’s control.
PROVIDER PERSONNEL. Throughout the term of this Addendum, Provider shall restrict its personnel from Processing Client Personal Data without authorization by Provider and shall limit the Processing to that which is needed for the specific individual’s job duties in connection with Provider’s provision of the Services under the Agreement. Provider will impose appropriate contractual obligations on its personnel, including relevant obligations regarding confidentiality, data protection and data security.
PROVIDER PERSONNEL. (a) The Provider of any Service or access to any Facility shall make available to the Recipient of such Service or access to such Facility such personnel as may be reasonably necessary to provide such Service, in accordance with such Provider’s standard business practices. The Provider shall have the right to (i) designate which personnel it will assign to perform such Service, and (ii) remove and replace such personnel at any time.
(b) The Provider of any Service or Facility access shall be solely responsible for all salary, employment and other benefits of and Liabilities relating to the employment of persons employed by such Provider. In performing their respective duties hereunder, all such employees and representatives of any Provider shall be under the direction, control and supervision of such Provider, and such Provider shall have the sole right to exercise all authority with respect to the employment (including termination of employment), assignment and compensation of such employees and representatives.
PROVIDER PERSONNEL. Provider shall only grant access to Personal Data to Provider Personnel who commit themselves to contractual or statutory obligations of confidentiality, and shall train Personnel having access to Personal Data in applicable data security measures.
