Provider’s Personnel. Removal of Personnel
53.1 The Department may give Notice, on reasonable grounds related to the performance of the Services, requiring the Provider to remove Personnel from work on the Services. The Provider must, at its own cost, promptly arrange for the removal of such Personnel from work on the Services and replacement with Personnel acceptable to the Department.
53.2 For the purposes of clause 53.1, if the Provider is unable to provide replacement Personnel who are acceptable to the Department, the Department may terminate this Agreement under clause 61 [Termination for default].
Provider’s Personnel. The Provider shall make Key Personnel available for the purposes of the Services and shall not make any changes in the Key Personnel without the prior written approval of the Commissioner.
Provider’s Personnel. 2.4.1 The provider shall only employ personnel authorized to work in the United States in accordance with applicable federal and state laws. This includes, but is not limited to, the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), P.L. 104-208, 110 Stat. 3009, and INA Xxxxxxx 000X (0 X.X.X. §0000x).
a. If the provider is found to be in violation of this requirement or the applicable state, federal, and local laws and regulations, and if the State of Missouri has reasonable cause to believe that the provider has knowingly employed individuals who are not eligible to work in the United States, the state shall have the right to cancel the agreement immediately without penalty or recourse and suspend or debar the provider from doing business with the state. The state may also withhold up to twenty-five percent (25%) of the total amount due to the provider.
b. The provider shall fully cooperate with any audit or investigation from federal, state or local law enforcement agencies.
2.4.2 If the provider meets the definition of a business entity as defined in section 285.525, RSMo pertaining to section 285.530, RSMo the provider shall maintain enrollment and participation in the E-Verify federal work authorization program with respect to the employees hired after enrollment in the program who are proposed to work in connection with the contracted services included herein. If the provider’s business status changes during the life of the agreement to become a business entity as defined in section 285.525, RSMo pertaining to section 285.530, RSMo then the provider shall, prior to the performance of any services as a business entity under the agreement:
a. Enroll and participate in the E-Verify federal work authorization program with respect to the employees hired after enrollment in the program who are proposed to work in connection with the services required herein; and
b. Provide to the Department the documentation required in the exhibit titled, Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization affirming said company’s/individual’s enrollment and participation in the E-Verify federal work authorization program; and
c. Submit to the Department a completed, notarized Affidavit of Work Authorization provided in the exhibit titled, Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization.
Provider’s Personnel. 6.1 The Provider warrants and represents that all its Personnel assigned to the performance of the Services shall be suitably qualified, trained and experienced to provide the Services required and shall be made fully aware of the Provider’s obligations under this Agreement as it affects them in the performance of the Services.
6.2 The Provider shall at all times employ and assign to the Services Personnel who are fit and competent to provide the Services and of sufficient number to ensure that the Services are provided at all times in accordance with this Agreement.
6.3 The Provider shall promptly replace any Personnel assigned to the Services and who cease to be in its employment or under its control for whatever reason and such replacements shall have the equivalent skill levels and shall in every way be suitable for the performance of the Services.
6.4 The Provider shall ensure all Personnel deployed on the Services are properly managed and sufficiently instructed and supervised with regard to the provision of the Services.
6.5 The Provider shall give and shall ensure that its Personnel give all reasonable assistance to the Purchaser in the investigation of complaints, disciplinary matters, claims for damages and similar matters.
6.6 The Purchaser shall have power upon written notice to require the Provider, but not unreasonably or vexatiously, to remove any Personnel from involvement in the Services whose admission or continued presence would be, in the reasonable opinion of the Purchaser, undesirable. The decision of the Purchaser shall be final and conclusive.
6.7 The Purchaser shall in no circumstances be liable either to the Provider or to any Personnel in respect of any award, cost, expenses, liability, loss or damage occasioned by such a removal and the Provider shall fully indemnify the Purchaser in respect of any claims made.
Provider’s Personnel. Provider shall be solely responsible for payment of compensation to its personnel and for all related federal and state income tax withholding, social security taxes, unemployment insurance and the like. Provider agrees to maintain and to provide Xxxxxxx on request with documentation of adequate insurance coverage for professional (if applicable) and general liability, bodily injury, property damage and workers’ compensation coverage for its personnel who perform the Services. All personnel of Provider who perform Services shall be citizens of the United States or holders of a valid Permanent Resident Card. Provider shall provide Xxxxxxx on request with documentation of personnel citizenship or permanent residence.
Provider’s Personnel. If the agreement between Seller and Buyer is for services to be performed by Seller, the following provisions shall apply: The relationship between the parties derived from this purchase order is a commercial one between a service supplier and Buyer, and nothing contained herein may be construed as any agency, contractual joint venture, partnership, commission, branch or employment relation between Seller and Buyer, or with their respective employees or workers. Both parties agree that the personnel assigned to provide the services subject matter of this purchase order shall be dependent economically, administratively and in employment terms on Seller and shall therefore have absolute subordination to and economic dependence on Seller, wherefore on no account may the personnel of Seller be considered as employees or workers of Buyer. As a result of the foregoing, Seller releases Buyer from any liability arising from the employment relations in respect of the hired personnel that might be used thereby to provide the services subject matter of this purchase order. Since Seller is a company who, under Article 13 of the Federal Labor Act Ley Federal del Trabajo in force in Mexico, has enough of its own elements to fulfill its obligations and carry out its activities, Seller shall be, for all ensuing legal purposes, the sole and exclusive employer of its workers and/or employees, used to carry out the obligations of Seller that are derived from this purchase order, including but not limited to, the fulfillment of laws, regulations, rules or rulings, whether federal, state or municipal, that are considered applicable. Both parties agree that any occupational risks and accidents the employees and/or workers of Seller might sustain shall be the exclusive liability of Seller and therefore the latter shall exclusively assume any expenses and professional fees which this might lead to. This obligation on Seller shall be effective even when such risks or accidents occur at the domicile of Buyer. Seller is bound to indemnify Buyer for any damages and lost profits caused thereto by claims which his employees and/or workers might file against Buyer. When providing the services, the workers and/or employees of Seller shall act at all times under the orders and responsibility of the latter. On no account and under no circumstance shall it be presumed that they are employees and/or workers or representatives of Buyer, nor shall they bear themselves as such before third part...
Provider’s Personnel. Provider must ensure that any Personnel who may be required to comply with any eligibility criteria described in the OSOM Operating Guidelines, comply with the relevant criteria.
Provider’s Personnel. (a) If requested by Roads and Maritime, Provider must authorise or obtain all relevant consents for Roads and Maritime to conduct criminal records checks and police checks in relation to any or all of Provider's Personnel.
(b) Provider must ensure that its Personnel:
(i) hold all relevant qualifications including any required licences; and
(ii) comply with all WHS Laws.
(c) Provider must ensure that any Personnel, who may be required to comply with any eligibility criteria described in the OSOM Operating Guidelines comply with the relevant criteria and that the Drivers comply with the eligibility criteria for Authorised Escort Vehicle Drivers described in the OSOM Operating Guidelines.
(d) Provider must immediately notify Roads and Maritime if any of its Personnel are involved in, or are alleged to be or are suspected of being involved in, any criminal activity, any serious driving offences, or any misconduct.
Provider’s Personnel. 9.1 Assessments must only be performed by Specified Personnel with the required qualifications and experience specified in any Guidelines.
9.2 The Department will approve, at its absolute discretion, Personnel as Specified Personnel, based on the information supplied by the Provider and any other information available to the Department. No person can undertake an Assessment unless and until approved by the Department as Specified Personnel. The Department may issue Guidelines in relation to the process of approving Specified Personnel.
9.3 Where Specified Personnel are unable to undertake work in respect of a Grant Agreement, the Provider must notify the Department immediately and, if notified by the Department, provide replacement Personnel acceptable to the Department without additional payment, at the earliest opportunity and in accordance with this clause 9.
9.4 The Department may give notice, on reasonable grounds related to the performance, or integrity and reputation of the Services, requiring the Provider to remove Personnel (including Specified Personnel) from work on the Services. The Provider must, at its own cost, promptly arrange for the removal of such Personnel from work on the Services and their replacement with Personnel acceptable to the Department.
9.5 For the purposes of clause 9.4, if the Provider is unable to provide replacement Personnel who are acceptable to the Department, the Department may terminate this Agreement under clause 52 [Termination for default].
Provider’s Personnel. 3.1 The Provider’s personnel shall be qualified, competent, suitable for the services and perform according to generally accepted professional standards.
3.2 Where the Agreement stipulates which personnel of the Provider who shall perform the Services, personnel may not be substituted without SKB’s written consent. Where, based on circumstances beyond the control of the Provider, the personnel fail to fulfil the Services, the Provider shall propose new equallyqualified personnel.
3.3 Upon request by SKB, the Provider shall, without delay, dismiss any personnel from work at SKB who violates any safety provision or guideline, fails to fulfil established or assumed requirements of professional skill and performance of the work with due care, does not meet applicable medical requirements, is intoxicated or under the influence of drugs, exhibits a lack of consideration, orderliness or suitability, or is otherwise offensive during work hours.
3.4 Upon request by SKB, the Provider shall ensure that personnel that performs or will perform work which is important for safety or security at SKB’s nuclear facilities submit medical certificates to SKB showing that the personnel comply with applicable medical requirements. The Provider may not use personnel that does not submit such certificates for work which is important for safety or security. For personnel who will perform work for which a employability assesment is required under the Swedish Work Environment Authority’s (SWE: Arbetsmiljöverket) regulations, a so called certificate of employability (SWE: tjänstbarhetsintyg) should always be submitted before work is commenced.
3.5 Upon request by SKB, the Provider shall, at its own cost, ensure that its personnel have undergonea drug tests before any Services are commenced. The test result shall be made available to SKB.
3.6 SKB performas security checks, including register verifica tion, on all those who participate in the operations at SKB’s nuclear facilities. In respect of work which includes participa tion in such operations, the Provider may only use personnel who have undergone security checks and, in conjunction therewith, have been approved. In connection with extended periods of service, the security checks may need to be renewed.
3.7 SKB is obliged to collect and store personal data regarding persons who carry out work which is important for safety and security at SKB’s nuclear facilities. The Provider may only carry out such work using personnel who ha...
