Requested Replacement. In the event that DIR determines lawfully and in good faith that the continued assignment of any individual Service Provider Personnel (including Key Service Provider Personnel) to the performance of the Services is not in the best interests of any DIR Customer, then DIR may give Service Provider notice to that effect requesting that such Service Provider Personnel be replaced. Service Provider shall have ten (10) Business Days following DIR's request for removal of such Service Provider Personnel in which to investigate the matters forming the basis of such request, correct any deficient performance and provide DIR with assurances that such deficient performance shall not recur (provided that, if requested to do so by DIR, Service Provider shall immediately remove (or cause to be removed) the individual in question from all DIR Facilities pending completion of Service Provider's investigation and discussions with DIR). If, following such ten (10) Business Day period, DIR is not reasonably satisfied with the results of Service Provider's efforts to correct the deficient performance and/or to prevent its recurrence, Service Provider shall, as soon as possible, remove and replace such Service Provider Personnel with an individual of suitable ability and qualifications, at no additional cost to DIR. Nothing in this provision shall operate or be construed to limit Service Provider's responsibility for the acts or omissions of Service Provider Personnel, or be construed as joint employment of the Service Provider Personnel.
Requested Replacement. (i) In the event that ABM determines in good faith that the continued assignment to ABM of any Key Supplier Personnel is not in the best interests of ABM or the Eligible Recipients, then ABM shall give Supplier notice to that effect requesting that such Key Supplier Personnel be replaced. Promptly after its receipt of such a request by ABM, Supplier shall replace (or cause to be replaced) such Key Supplier Personnel with an individual of suitable ability and qualifications. Nothing in this provision shall operate or be construed to limit Supplier’s responsibility for the acts or omission of the Supplier Personnel, or be construed as joint employment.
(ii) In the event that ABM determines in good faith that the continued assignment to ABM of any individual Supplier Personnel (other than Key Supplier Personnel) is not in the best interests of ABM or the Eligible Recipients, then ABM shall give Supplier notice to that effect requesting that such Supplier Personnel be replaced. Supplier shall have ten (10) days following ABM’s request for removal of such Supplier Personnel in which to investigate the situation, correct any deficient performance and provide ABM with assurances that such deficient performance shall not recur (provided that, if requested to do so by ABM for actual or suspected violations of ABM Rules, Supplier shall immediately remove (or cause to be removed) the individual in question from all ABM Sites pending completion of Supplier’s investigation and discussions with ABM). If, following such ten (10) day period, ABM is not reasonably satisfied with the results of Supplier’s efforts to correct the deficient performance and/or to ensure its non-recurrence, Supplier shall, as soon as possible, remove and replace such Supplier Personnel with an individual of suitable ability and qualifications, without cost to ABM.
(iii) Nothing in Section 8.7(b) shall operate or be construed to limit Supplier’s responsibility for the acts or omission of the Supplier Personnel, or be construed as joint employment.
Requested Replacement. In the event that Kraft determines lawfully and in good faith that the continued assignment to Kraft of any individual Supplier Personnel (including Key Supplier Personnel) is not in the best interests of Kraft or the Eligible Recipients, then Kraft shall give Supplier notice to that effect requesting that such Supplier Personnel be replaced. Supplier shall have 10 business days following Kraft’s request for removal of such Supplier Personnel in which to investigate the matters forming the basis of such request, correct any deficient performance and provide Kraft with assurances that such deficient performance shall not recur (provided that, if requested to do so, Supplier shall immediately remove (or cause to be removed) the individual in question from all Kraft sites pending completion of Supplier’s investigation and discussions with Kraft). If, following such 10 business day period, Kraft is not reasonably satisfied with the results of Supplier’s efforts to correct the deficient performance and/or to ensure its non-recurrence, Supplier shall, as soon as possible, remove and replace such Supplier Personnel with an individual of suitable ability and qualifications, without cost to Kraft. Nothing in this provision shall operate or be construed to limit Supplier’s responsibility for the acts or omission of the Supplier Personnel, or be construed as joint employment.
Requested Replacement. If Ascension Health determines in good faith and not for an unlawful purpose that the continued assignment to Ascension Health of any individual Supplier Personnel (including Key Supplier Personnel) is not in the best interests of the Eligible Recipients, then Ascension Health shall give Supplier notice to that effect requesting that such Supplier Personnel be replaced. Supplier shall, as soon as possible, permanently remove and replace such Supplier Personnel with an individual of suitable ability and qualifications. In such event, Ascension Health shall not be obligated to pay any Charges or other fees relating to the replacement of such Supplier Personnel, including any training or other knowledge transfer activities or overlaps in periods of employment. Nothing in this provision shall operate or be construed to limit Supplier’s responsibility for the acts or omissions of the Supplier Personnel, or be construed as joint employment.
Requested Replacement. In the event that DIR or Customer determines that the continued assignment of any individual Service Provider Personnel (including Key Service Provider Personnel) to the performance of the Services is not in the best interests of any Customer, then DIR may give Service Provider notice to that effect requesting that such Service Provider Personnel be replaced. Service Provider shall have ten (10) Business Days following DIR's request for removal of such Service Provider Personnel in which to investigate the matters forming the basis of such request, correct any deficient performance and provide DIR with assurances that such deficient performance shall not recur (provided that, if requested to do so by DIR, Service Provider shall immediately remove (or cause to be removed) the individual in question from all DIR Facilities pending completion of Service Provider's investigation and discussions with DIR). If, following such ten (10) Business Day period, DIR is not reasonably satisfied with the results of Service Provider's efforts to correct the deficient performance and/or to prevent its recurrence, Service Provider shall, as soon as possible, remove and replace such Service Provider Personnel with an individual of suitable ability and qualifications, at no additional cost to DIR. Nothing in this provision shall operate or be construed to limit Service Provider's responsibility for the acts or omissions of Service Provider Personnel, or be construed as joint employment of the Service Provider Personnel.
Requested Replacement. In the event that Oncor determines lawfully and in good faith that the continued assignment to Oncor of any individual Vendor Personnel (including Key Vendor Personnel) is not in the best interests of Oncor, then Oncor shall give Vendor notice to that effect requesting that such Vendor Personnel be replaced and Vendor shall immediately suspend such individuals performance of the Services and access to Oncor Facilities pending completion of the process set forth in this Section 7.10(a). Vendor shall have five (5) days following such notice in which to investigate the matters forming the basis of such request, correct any deficient performance and provide Oncor with assurances that such deficient performance shall not recur. If, following such five (5) day period, Oncor is not reasonably satisfied with the results of Vendor's efforts to correct the deficient performance and/or to ensure its non-recurrence, Vendor shall, as soon as reasonably practicable, remove and replace such Vendor Personnel with an individual of suitable ability and qualifications. Nothing in this provision shall operate or be construed to limit Vendor's responsibility for the acts or omission of the Vendor Personnel; provided that if Vendor is obligated to remove any Vendor Personnel pursuant to this subsection without reasonable cause, Oncor will be responsible for any direct, actual costs associated with such removal, and Vendor will not be responsible for any delay in providing, or failure to provide, Services as a result of the removal and replacement process.
Requested Replacement. In the event that Hercules determines lawfully and in good faith that the continued assignment to Hercules of any individual Supplier Personnel (including Key Supplier Personnel) is not in the best interests of Hercules or the Eligible Recipients, then Hercules shall give Supplier notice to that effect requesting that such Supplier Personnel be replaced. Supplier shall have ten (10) days following Hercules' request for removal of such Supplier Personnel in which to investigate the matters forming the basis of such request, correct any deficient performance and provide Hercules with assurances that such deficient performance shall not recur (provided that, if requested to do so by Hercules for actual or suspected violations of Hercules Rules, Supplier shall immediately remove (or cause to be removed) the individual in question from all Hercules Facilities and Hercules Sites pending completion of Supplier’s investigation and discussions with Hercules). If, following such ten (10) day period, Hercules is not reasonably satisfied with the results of Supplier’s efforts to correct the deficient performance and/or to ensure its non-recurrence, Supplier shall, as soon as possible, permanently remove and replace such Supplier Personnel with an individual of suitable ability and qualifications, without cost to Hercules. Nothing in this provision shall operate or be construed to limit Supplier’s responsibility for the acts or omission of the Supplier Personnel, or be construed as joint employment.
Requested Replacement. In the event that Allegheny determines lawfully and in good faith that the continued assignment to Allegheny of any individual Service Provider Personnel (including Key Service Provider Personnel) is not in the best interests of Allegheny or the Eligible Recipients, then Allegheny shall give Service Provider notice to that effect requesting that such Service Provider Personnel be replaced. Service Provider, after conferring with Allegheny, shall have fifteen (15) business days following Allegheny’s request for removal of such Service Provider Personnel in which to investigate the matters forming the basis of such request, correct any deficient performance and provide Allegheny with assurances that such deficient performance shall not recur (provided that, if requested to do so, Service Provider shall immediately remove (or cause to be removed) the individual in question from all Allegheny sites pending completion of Service Provider’s investigation and discussions with Allegheny). If, following such fifteen (15) business day period, Allegheny is not reasonably satisfied with the results of Service Provider’s efforts to correct the deficient performance and/or to ensure its non-recurrence, Service Provider shall, as soon as possible, remove and replace such Service Provider Personnel with an individual of suitable ability and qualifications, without cost to Allegheny. Nothing in this provision shall operate or be construed to limit Service Provider’s responsibility for the acts or omission of the Service Provider Personnel, or be construed as joint employment.
Requested Replacement. In the event that AT&T determines that the continued assignment to AT&T of any Amdocs Personnel (including Key Amdocs Personnel) is not in the best interests of AT&T, then AT&T shall give Amdocs' Human Resources Director written notice to that effect requesting that such Amdocs Personnel be replaced. Promptly after Amdocs' receipt of such a request by AT&T, the Parties will discuss in good faith appropriate corrective measures designed to address AT&T's concerns (such agreement not to be unreasonably withheld by either Party), which shall commence [**] after the Parties begin to discuss corrective measures. If:
(i) [**] after the commencement of agreed-upon corrective measures, the Parties are unable to agree that the corrective measurements have resolved the problem; or (ii) at any time, AT&T reasonably believes such Amdocs Personnel will create legal liability to AT&T or an Eligible Recipient, then Amdocs shall, upon AT&T's request, replace (or cause to be replaced) as promptly as possible such Amdocs Personnel with an individual of suitable ability and qualifications, without cost to AT&T. Nothing in this RESTRICTED - PROPRIETARY INFORMATION The information contained herein is for use by authorized employees of AT&T, Amdocs, and their Affiliated Companies, only, and is not for general distribution within those companies or for distribution outside those companies except by written agreement.
Requested Replacement. In the event that New Century determines lawfully and in good faith that the continued assignment to New Century of any individual Supplier Personnel (including Key Supplier Personnel) is not in the best interests of New Century or the Eligible Recipients, then New Century shall give Supplier notice to that effect requesting that such Supplier Personnel be replaced. Supplier shall have ten (10) business days following New Century’s request for removal of such Supplier Personnel in which to investigate the matters forming the basis of such request, correct any deficient performance and provide New Century with assurances that such deficient performance shall not recur (provided that, if requested to do so by New Century, Supplier shall immediately remove (or cause to be removed) the individual in question from all New Century Facilities or Sites pending completion of Supplier’s investigation and discussions with New Century). If, following such ten (10) business day period, New Century is not reasonably satisfied with the results of Supplier’s efforts to correct the deficient performance and/or to prevent its recurrence, Supplier shall, as soon as possible, remove and replace such Supplier Personnel with an individual of suitable ability and qualifications, without cost to New Century. Nothing in this provision shall operate or be construed to limit Supplier’s responsibility for the acts or omission of the Supplier Personnel, or be construed as joint employment.
