Common use of Provider’s Personnel Clause in Contracts

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. 6.1 The Provider warrants and represents 9.1 In the event that all its Personnel assigned to the performance Transfer of Undertakings (Protection of Employment) Regulations 2006 as amended do apply the Services Parties confirm that the provisions set out in Clause 10 shall be suitably qualified, trained and experienced to provide the Services required and shall be made fully aware of apply. 9.2 Nothing in this Contract will render the Provider’s obligations under this Agreement as it affects them in the performance Personnel, an employee, agent or partner 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 MOPAC or Authority Group by virtue 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 ServicesServices by the Provider under the Contract, and the Provider shall be responsible for making appropriate deductions for tax and national insurance contributions from the remuneration paid to the Provider’s Personnel. 6.5 9.3 The Provider shall provide Personnel as necessary for the proper and timely performance and management of the Services in accordance with the Contract. All personnel deployed on work relating to the Contract shall have the appropriate qualifications, training and competence, be properly managed and supervised and in these and any other respects be acceptable to MOPAC. 9.4 Without prejudice to any of the MOPAC’s other rights, powers or remedies, MOPAC may (without liability to the Provider) deny access to any Provider’s Personnel to any MOPAC Premises and/or require that any Provider’s Personnel be immediately removed from performing the Services if such Provider’s Personnel in MOPAC’s view have not been properly trained in any way required by this Contract, are otherwise incompetent, negligent, guilty of misconduct or could be a danger to any person. MOPAC shall notify the Provider of such denial and/or requirement in writing and the Provider shall comply with such notice and provide a suitable replacement (with the Contract Manager’s prior consent in the case of Key Personnel) 9.5 The Provider shall give MOPAC, if so requested, full particulars of all persons who are or may be at any time employed on the Contract and shall ensure that its Personnel give take all reasonable assistance steps to avoid changes to any of its staff designated in the Contract as Key Personnel. The Provider shall give MOPAC reasonable notice of any proposals to change Key Personnel and Clause 9.3 shall apply to the Purchaser in the investigation of complaintsproposed replacement personnel. Notwithstanding Clause 9.1, 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 indemnify, keep indemnified and hold harmless MOPAC from and against all Losses which MOPAC or other member of the Purchaser Authority Group incur or suffer in respect relation to the Provider’s Personnel or any person who may allege to be the same (whenever such Losses may arise) or any failure by the Provider to comply with Clause 9.4. 9.6 The Provider shall pay to their Personnel not less than the amounts declared to MOPAC (if any) as part of any claims madethe tender process for the Contract and not less than the amounts to which the Provider Personnel are contractually entitled.

Provider’s Personnel. 6.1 5.1 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 using suitably qualified Personnel who are at all times entitled to work in the UK. 5.2 All Personnel shall be made fully aware of the Provider’s obligations under this Agreement Contract as it affects them in the performance of the Services. 6.2 5.3 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 AgreementContract. 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 5.4 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 5.5 If applicable to the Services, the Purchaser shall have power may, upon written notice to require the Providernotice, but not unreasonably or vexatiously, request the Provider to remove any Personnel from involvement with a Service User in order to ensure the Services whose admission or continued presence would be, in the reasonable opinion safety and needs of the Purchaser, undesirablethat Service User. The decision of the Provider shall not unreasonably withhold consent to such a request. The Purchaser shall be final and conclusivespecify the reason for its request. 6.7 5.6 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. 5.7 If applicable (and the Provider shall satisfy itself in this regard) the Provider shall comply with its obligations and requirements under the Transfer of Undertakings (Protection of Employment) Regulations 2006 in relation to the provision of the Services.