Qualifications and Replacement Sample Clauses

Qualifications and Replacement. SILVERSANDS shall ensure that only duly qualified and experienced persons shall carry out any relevant Project. SILVERSANDS shall, if required by the CLIENT, deliver to the CLIENT a full resume of individuals and provide THE CLIENT at the CLIENTS expense with the opportunity to interview any of Silversands’ Personnel prior to the commencement of work by that individual(s). The CLIENT shall, acting reasonably, be entitled to reject any of SILVERSANDS’ Personnel proposed to be supplied to THE CLIENT by SILVERSANDS. SILVERSANDS shall promptly remove and endeavour to replace any of SILVERSANDS’ Personnel requested by the CLIENT for any reasonable reason during a Project. While SILVERSANDS will use reasonable commercial endeavours to replace any such personnel without detriment to the project schedules the CLIENT acknowledges that this may not always be possible and that variations in the project schedules may follow such a change of personnel.
Sample 1
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Qualifications and Replacement. Customer shall have the right, prior to the performance of any work by an Outsource Team member, to review and approve the qualifications of all personnel delaPlex proposes to assign as members of an Outsource Team. Unless otherwise specified in the Agreement, Customer shall also have the right to require any member of an Outsource Team to be removed and replaced with or without cause – immediately, if the removal is for cause, or if without cause, upon at least thirty (30) days prior written notice to delaPlex. For purposes of this Section 2.3, “cause” means any act or omission by an Outsource Team member in breach of the Agreement or the Confidentiality Agreement. delaPlex will undertake all commercially reasonable efforts to timely provide any necessary Outsource Team member replacements. delaPlex may, by delivery to Customer of a Change Request, propose for the Customer’s approval, the replacement of Outsource Team Members when necessary and appropriate which replacement shall only be effective upon execution of the Change Request by Customer. Notwithstanding the foregoing, delaPlex may on a temporary basis, without the Customer’s prior approval, assign additional personnel to the Outsource Team in cases of the absence of one or more regular members of the Outsource Team due to scheduled vacation, illness or personal emergency.
Sample 1
Qualifications and Replacement. XANODYNE shall have the right to review and approve the qualifications of all personnel CONSULTANT assigns to perform work under this Agreement. XANODYNE shall also have the right to designate, for good cause, that any such personnel be removed and replaced. CONSULTANT may also replace personnel when necessary and appropriate. CONSULTANT agrees to maintain a consistently high skill level among all replacement personnel whether the replacement was instigated by XANODYNE or CONSULTANT. CONSULTANT hereby certifies that it has not been debarred, and has not been convicted of a crime which could lead to debarment, under the Generic Drug Enforcement Act of 1992, 21 United States Code ss306(a) and (b). In the event that CONSULTANT or any of its officers, directors, or employees under contract to perform services under a Schedule A with XANODYNE becomes debarred or receives notice of action or threat of action with respect to its debarment, CONSULTANT shall notify XANODYNE immediately. CONSULTANT hereby certifies that it has not utilized, and will use its reasonable best efforts not to utilize, the services of any individual or entity in the performance of services under this Agreement or any Schedule A that has been debarred or that has been convicted of a crime which could lead to debarment under the Generic Drug Enforcement Act of 1992, 21 United States Code ss306(a) and (b). In the event that CONSULTANT receives notice of the debarment or threatened debarment of any such individual or entity CONSULTANT shall notify XANODYNE immediately.
Sample 1

Related to Qualifications and Replacement

  • Qualifications, Legal Investment All authorizations, approvals, or permits, if any, of any governmental authority or regulatory body of the United States or of any state that are required in connection with the lawful sale and issuance of the Securities and Warrant Shares shall have been duly obtained and shall be effective on and as of the Closing. No stop order or other order enjoining the sale of the Securities or Warrant Shares shall have been issued and no proceedings for such purpose shall be pending or, to the knowledge of the Company, threatened by the SEC, or any commissioner of corporations or similar officer of any state having jurisdiction over this transaction. At the time of the Closing, the sale and issuance of the Securities and the Warrant Shares shall be legally permitted by all laws and regulations to which the Purchasers and the Company are subject. No litigation, statute, rule, regulation, executive order, decree, ruling or injunction will have been enacted, entered, promulgated or endorsed by or in any court or governmental authority of competent jurisdiction or any self-regulatory organization having authority over the matters contemplated hereby which prohibits the consummation of any of the transactions contemplated by this Agreement.

  • Professional Qualifications It shall be a condition of continued professional employment that employees must apply for enrolment in their appropriate professional licensing body by the thirtieth day of continuous service.

  • Qualification to do Business Each of the Company and its Subsidiaries is duly qualified to do business as a foreign corporation, limited liability company or partnership (as the case may be) and is in good standing or similar concept in every jurisdiction in which the character of the properties owned or leased by it or the nature of the business conducted by it makes such qualification necessary, except where the failure to be so qualified or in good standing would not, individually or in the aggregate, have a Company Material Adverse Effect.

  • Qualifications and experience (List the required education, work experience, expertise and competencies of the individual contractor. The listed education and experience should correspond with the level at which the contract is offered.) a. Education (Level and area of required and/or preferred education) b. Work Experience

  • QUALIFICATION OF BIDDERS BID PACKAGE REQUIREMENTS:

  • Qualifications All authorizations, approvals or permits, if any, of any governmental authority or regulatory body of the United States or of any state that are required in connection with the lawful issuance and sale of the Shares pursuant to this Agreement shall be obtained and effective as of the Closing.

  • STAFF QUALIFICATIONS CONTRACTOR shall ensure that all individuals employed, contracted, and/or otherwise hired by CONTRACTOR to provide classroom and/or individualized instruction or related services hold a license, certificate, permit, or other document equivalent to that which staff in a public school are required to hold in the service rendered consistent with Education Code section 56366.1(n)(1) and are qualified pursuant to Title 34 of the Code of Federal Regulations sections 200.56 and 200.58, and Title 5 of the California Code of Regulations sections 3001(y), 3064 and 3065. Such qualified staff may only provide related services within the scope of their professional license, certification or credential and ethical standards set by each profession, and not assume responsibility or authority for another related services provider or special education teacher’s scope of practice. CONTRACTOR shall ensure that all staff are appropriately credentialed to provide instruction and services to students with the disabling conditions placed in their program/school through documentation provided to the CDE (5 CCR 3064 (a)).

  • What Are the Qualifications for Charitable Donations The Pension Protection Act of 2006 allows Xxxx XXX holders who are RMD age or older at the time of a distribution to annually exclude qualified charitable distribution amounts up to $100,000 per year from gross income. The provision was made permanent by the PATH Act of 2015. A qualified charitable distribution must be made payable directly to the qualified charity as described in Section 170(b) of the Internal Revenue Code. Distributions from SEP or SIMPLE IRAs do not qualify for this type of designation.

  • Qualification and Good Standing Each Loan Party is qualified to do business and in good standing in every jurisdiction where its assets are located and wherever necessary to carry out its business and operations, except in jurisdictions where the failure to be so qualified or in good standing has not had and will not have a Material Adverse Effect.

  • Arbitrator Qualifications and Powers Any arbitration proceeding in which the amount in controversy is $5,000,000.00 or less will be decided by a single arbitrator selected according to the Rules, and who shall not render an award of greater than $5,000,000.00. Any dispute in which the amount in controversy exceeds $5,000,000.00 shall be decided by majority vote of a panel of three arbitrators; provided however, that all three arbitrators must actively participate in all hearings and deliberations. The arbitrator will be a neutral attorney licensed in the State of California or a neutral retired judge of the state or federal judiciary of California, in either case with a minimum of ten years experience in the substantive law applicable to the subject matter of the dispute to be arbitrated. The arbitrator will determine whether or not an issue is arbitratable and will give effect to the statutes of limitation in determining any claim. In any arbitration proceeding the arbitrator will decide (by documents only or with a hearing at the arbitrator’s discretion) any pre-hearing motions which are similar to motions to dismiss for failure to state a claim or motions for summary adjudication. The arbitrator shall resolve all disputes in accordance with the substantive law of California and may grant any remedy or relief that a court of such state could order or grant within the scope hereof and such ancillary relief as is necessary to make effective any award. The arbitrator shall also have the power to award recovery of all costs and fees, to impose sanctions and to take such other action as the arbitrator deems necessary to the same extent a judge could pursuant to the Federal Rules of Civil Procedure, the California Rules of Civil Procedure or other applicable law. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The institution and maintenance of an action for judicial relief or pursuit of a provisional or ancillary remedy shall not constitute a waiver of the right of any party, including the plaintiff, to submit the controversy or claim to arbitration if any other party contests such action for judicial relief.

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