Reassignment and Replacement. Service Provider shall not reassign or replace any Service Provider Key Employees from the Commencement Date unless: (1) County consents in writing to such reassignment or replacement or (2) the individual (a) voluntarily resigns from Service Provider, (b) is unable to work due to his or her disability or (c) takes a leave of absence from Service Provider for illness or under the Family and Medical Leave Act. Subparts (1) and (2) are collectively referred to as “Approved Reassignments.” Except for a replacement or reassignment of the Service Provider Key Employees due to the occurrence of an Approved Reassignment, Service Provider shall not reassign or replace any Service Provider Key Employee, if such reassignment or replacement would materially disrupt County’s operations, until the completion of any projects to which the Service Provider Key Employee is assigned. No Approved Reassignment of a Service Provider Key Employee shall occur without at least sixty (60) calendar days’ prior written notice to County. If any time from the Commencement Date, any Service Provider Key Employee becomes incapacitated, disabled, takes a leave of absence, voluntarily terminates his/her employment with Service Provider, is terminated by Service Provider, or is transferred, reassigned or redeployed with the consent of County, within forty-eight (48) hours (unless additional time is granted by County), Service Provider shall replace such person with another person approved by County. Service Provider shall permanently replace such person with another person approved by County within thirty (30) calendar days of the assignment of a temporary person. The permanent replacement employee shall be equivalent to or exceed the original employee relative to skill set, training and job duties assigned. If the Service Provider fails to provide a satisfactory replacement employee within (30) thirty calendar days, the County shall be entitled to a credit of $15,000 per Service Provider Key Employee per month against sums owed the Service Provider until a satisfactory replacement is provided and approved by the County. If said position goes unfilled by a qualified employee for more than ninety (90) calendar days, the County shall have the option to begin the Dispute Resolution process during which the $15,000 shall still accrue.
Reassignment and Replacement. SCN shall not reassign, replace or redeploy any SCN Key Personnel unless (1) the Executive Director consents in writing to such reassignment or replacement, which consent shall not be unreasonably withheld, (2) the individual (a) voluntarily resigns from SCN, (b) is dismissed by SCN for (i) cause or misconduct (e.g., fraud, drug abuse, theft) or (ii) unsatisfactory performance in respect of his or her duties and responsibilities to ANAHEIM or SCN, (c) is removed from the SCN Personnel pursuant to Section
Reassignment and Replacement. SCN shall not reassign, replace or redeploy any SCN Key Personnel unless (1) the Executive Director consents in writing to such reassignment or replacement, which consent shall not be unreasonably withheld, (2) the individual (a) voluntarily resigns from SCN, (b) is dismissed by SCN for (i) cause or misconduct (e.g., fraud, drug abuse, theft) or (ii) unsatisfactory performance in respect of his or her duties and responsibilities to ANAHEIM or SCN, (c) is removed from the SCN Personnel pursuant to Section 1.7.6.1 below, (d) is unable to work due to his or her death or disability or (e) takes a leave of absence from SCN for illness or under the Family and Medical Leave Act or (3) the individual is temporarily reassigned or temporarily redeployed by SCN for a period not to exceed seven (7) days (a “Temporary Reassignment”), provided, however, any such Temporary Reassignment shall not materially interfere with the SCN Key Personnel’s responsibilities (i) at the ACC or (ii) to ANAHEIM pursuant to the terms and conditions of this Agreement (subparts (1), (2) and (3) herein are collectively referred to as “Approved Reassignments”). Except for a reassignment, replacement or redeployment of the SCN Key Personnel due to the occurrence of an Approved Reassignment, SCN shall not reassign, replace or redeploy any SCN Key Personnel, if such reassignment, replacement or redeployment would materially disrupt ANAHEIM’s operations, until the completion of any projects to which the SCN Key Personnel is assigned. Except for a Temporary Reassignment, no Approved Reassignment of a SCN Key Personnel shall occur without prompt written notice to ANAHEIM. If within one year from the Effective Date, any SCN Key Personnel becomes incapacitated, disabled, takes a leave of absence, voluntarily terminates his/her employment with SCN, is terminated or removed for cause by SCN, or is transferred, reassigned or redeployed with the consent of the Executive Director, within forty-eight (48) hours after the expiration of a ninety-day period (unless additional time is granted by the Executive Director), SCN shall replace such person with another person approved by the Executive Director in accordance with Section 1.7.6.1 below.
