Common use of Removal or Replacement of Key Personnel Clause in Contracts

Removal or Replacement of Key Personnel. Subject to the terms of this 5.7, in each instance where the Design Builder removes or reassigns one of the key personnel listed in Exhibit F as being subject to the key personnel replacement fee, other than (a) for reasons where such personnel become unavailable due to death, disability or separation from the employment of the Design-Builder or any affiliate of the Design-Builder or any affiliate of the Design Builder, or (b) with the prior written consent of the Department, then the Design- Builder shall pay to the Department the amount set forth in the Project Information Section of this Agreement as a replacement fee and not a penalty, to reimburse the Department for its administrative costs arising from the Design-Builder’s failure to provide the Key Personnel. The foregoing replacement fee amount shall not bar recovery of any other damages, costs or expenses other than the Department’s internal administrative costs.

Removal or Replacement of Key Personnel. Subject to the terms of this 5.7, in each instance where the Design Builder removes or reassigns one of the key personnel listed in Exhibit F as being subject to the key personnel replacement fee, other than (a) for reasons where such personnel become unavailable due to death, disability or separation from the employment of the Design-Builder or any affiliate of the Design-Builder or any affiliate of the Design Builder, or (b) with the prior written consent of the Department, then the Design- Design-Builder shall pay to the Department the amount set forth in the Project Information Section of this Agreement as a replacement fee and not a penalty, to reimburse the Department for its administrative costs arising from the Design-Builder’s failure to provide the Key Personnel. The foregoing replacement fee amount shall not bar recovery of any other damages, costs or expenses other than the Department’s internal administrative costs.

Removal or Replacement of Key Personnel. Subject to the terms of this 5.7, in each instance where the Design Design- Builder removes or reassigns one of the key personnel listed in Exhibit F as being subject to the key personnel replacement fee, other than (a) for reasons where such personnel become unavailable due to death, disability or separation from the employment of the Design-Builder or any affiliate of the Design-Builder or any affiliate of the Design Design- Builder, or (b) with the prior written consent of the Department, then the Design- Design-Builder shall pay to the Department the amount set forth in the Project Information Section of this Agreement as a replacement fee and not a penalty, to reimburse the Department for its administrative costs arising from the Design-Builder’s failure to provide the Key Personnel. The foregoing replacement fee amount shall not bar recovery of any other damages, costs or expenses other than the Department’s internal administrative costs.

Removal or Replacement of Key Personnel. Subject to the terms of this Section 5.7, in each instance where the Design Design- Builder removes or reassigns one of the key personnel listed in Exhibit F as being subject to the key personnel replacement fee, other than (a) for reasons where such personnel become unavailable due to death, disability or separation from the employment of the Design-Builder or any affiliate of the Design-Builder or any affiliate of the Design Design- Builder, or (b) with the prior written consent of the Department, then the Design- Design-Builder shall pay to the Department the amount set forth in the Project Information Section of this Agreement as a replacement fee and not a penalty, to reimburse the Department for its administrative costs arising from the Design-Builder’s failure to provide the Key Personnel. The foregoing replacement fee amount shall not bar recovery of any other damages, costs or expenses other than the Department’s internal administrative costs.

Removal or Replacement of Key Personnel. Subject to the terms of this Section 5.7, in each instance where the Design Design-Builder removes or reassigns one of the key personnel listed in Exhibit F as being subject to the key personnel replacement fee, other than than: (a) for reasons where such personnel become unavailable due to death, disability or separation from the employment of the Design-Builder or any affiliate of the Design-Builder or any affiliate of the Design Design- Builder, ; or (b) with the prior written consent of the Department, then the Design- Design-Builder shall pay to the Department the amount set forth in the Project Information Section of this Agreement as a replacement fee and not a penalty, to reimburse the Department for its administrative costs arising from the Design-Builder’s failure to provide the Key Personnel. The foregoing replacement fee amount shall not bar recovery of any other damages, costs or expenses other than the Department’s internal administrative costs.

Removal or Replacement of Key Personnel. Subject to the terms of this Section 5.7, in each instance where the Design Builder Construction Manager removes or reassigns one of the key personnel listed in Exhibit F E as being subject to the key personnel replacement fee, other than (a) for reasons where such personnel become unavailable due to death, disability or the separation from the employment of the Design-Builder Construction Manager or any affiliate of the Design-Builder Construction Manager or any affiliate of the Design BuilderConstruction Manager (such separation should be approved by the Department’s Contracting Officer), or (b) with the prior written consent of the Department, then the Design- Builder Construction Manager shall pay to the Department the amount set forth in the Project Information Section of this Agreement as a replacement fee and not a penalty, to reimburse the Department for its administrative costs arising from the Design-BuilderConstruction Manager’s failure to provide the Key Personnel. The foregoing replacement fee amount shall not bar recovery of any other damages, costs or expenses other than the Department’s internal administrative costs.

Removal or Replacement of Key Personnel. Subject to the terms of this Section 5.7, in each instance where the Design Design-Builder removes or reassigns one of the key personnel listed in Exhibit F as being subject to the key personnel a replacement fee, other than (a) for reasons where such personnel become unavailable due to death, disability or separation from the employment of the Design-Builder or any affiliate of the Design-Builder or any affiliate of the Design Design-Builder, or (b) with the prior written consent of the Department, then the Design- Design-Builder shall pay to the Department the amount set forth in the Project Information Section of this Agreement as a replacement fee and not a penalty, to reimburse the Department for its administrative costs arising from the Design-Builder’s failure to provide the Key Personnel. The foregoing replacement fee amount shall not bar recovery of any other damages, costs or expenses other than the Department’s internal administrative costs.

Removal or Replacement of Key Personnel. Subject to the terms of this 5.7, in each instance where the Design Design- Builder removes or reassigns one of the key personnel listed in Exhibit F as being subject to the key personnel replacement fee, other than (a) for reasons where such personnel become unavailable due to death, disability or separation from the employment of the Design-Builder or any affiliate of the Design-Builder or any affiliate of the Design Design-Builder, or (b) with the prior written consent of the Department, then the Design- Design-Builder shall pay to the Department the amount set forth in the Project Information Section of this Agreement as a replacement fee and not a penalty, to reimburse the Department for its administrative costs arising from the Design-Builder’s failure to provide the Key Personnel. The foregoing replacement fee amount shall not bar recovery of any other damages, costs or expenses other than the Department’s internal administrative costs.

Removal or Replacement of Key Personnel. Subject to the terms of this 5.7, in each instance where the Design Design- Builder removes or reassigns one of the key personnel listed in Exhibit F as being subject to the key personnel replacement fee, other than (a) for reasons where such personnel become unavailable due to death, disability or separation from the employment of the Design-Builder or any affiliate of the Design-Builder or any affiliate of the Design Design-Builder, or (b) with the prior written consent of the Department, then the Design- Builder shall pay to the Department the amount set forth in the Project Information Section of this Agreement as a replacement fee and not a penalty, to reimburse the Department for its administrative costs arising from the Design-Builder’s failure to provide the Key Personnel. The foregoing replacement fee amount shall not bar recovery of any other damages, costs or expenses other than the Department’s internal administrative costs.