Common use of Requested Replacement Clause in Contracts

Requested Replacement. In the event that DIR determines lawfully and in good faith that the continued assignment of any individual Successful Respondent Personnel (including Key Personnel) to the performance of the Services is not in the best interests of any DIR Customer, then DIR may give Successful Respondent notice to that effect requesting that such Successful Respondent Personnel be replaced. Successful Respondent shall have ten (10) DIR Business Days following DIR's request for removal of such Successful Respondent 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, Successful Respondent shall immediately remove (or cause to be removed) the individual in question from all DIR Facilities pending completion of Successful Respondent’s investigation and discussions with DIR). If, following such ten (10) DIR Business Day period, DIR is not reasonably satisfied with the results of Successful Respondent’s efforts to correct the deficient performance and/or to prevent its recurrence, Successful Respondent shall, as soon as possible, remove and replace such Successful Respondent 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 Successful Respondent’s responsibility for the acts or omissions of Successful Respondent Personnel, or be construed as joint employment of the Successful Respondent Personnel.

Requested Replacement. In the event that DIR or DCS Customer determines lawfully and in good faith that the continued assignment of any individual Successful Respondent 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 Successful Respondent Service Provider notice to that effect requesting that such Successful Respondent Service Provider Personnel be replaced. Successful Respondent Service Provider shall have ten (10) DIR Business Days following DIR's request for removal of such Successful Respondent Service Provider Personnel in which to investigate the matters forming the basis of such request, correct any deficient performance, performance and provide DIR with assurances that such deficient performance shall not recur (provided that, if requested to do so by DIR, Successful Respondent Service Provider shall immediately remove (or cause to be removed) the individual in question from all DIR Facilities pending completion of Successful Respondent’s Service Provider's investigation and discussions with DIR). If, following such ten (10) DIR Business Day period, DIR is not reasonably satisfied with the results of Successful Respondent’s Service Provider's efforts to correct the deficient performance and/or to prevent its recurrence, Successful Respondent Service Provider shall, as soon as possible, remove and replace such Successful Respondent 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 Successful Respondent’s Service Provider's responsibility for the acts or omissions of Successful Respondent Service Provider Personnel, or be construed as joint employment of the Successful Respondent Service Provider Personnel.

Requested Replacement. In the event that DIR determines lawfully and in good faith that the continued assignment of any individual Successful Respondent 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 Successful Respondent Service Provider notice to that effect requesting that such Successful Respondent Service Provider Personnel be replaced. Successful Respondent Service Provider shall have ten (10) DIR Business Days following DIR's request for removal of such Successful Respondent Service Provider Personnel in which to investigate the matters forming the basis of such request, correct any deficient performance, performance and provide DIR with assurances that such deficient performance shall not recur (provided that, if requested to do so by DIR, Successful Respondent Service Provider shall immediately remove (or cause to be removed) the individual in question from all DIR Facilities pending completion of Successful Respondent’s Service Provider's investigation and discussions with DIR). If, following such ten (10) DIR Business Day period, DIR is not reasonably satisfied with the results of Successful Respondent’s Service Provider's efforts to correct the deficient performance and/or to prevent its recurrence, Successful Respondent Service Provider shall, as soon as possible, remove and replace such Successful Respondent 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 Successful Respondent’s Service Provider's responsibility for the acts or omissions of Successful Respondent Service Provider Personnel, or be construed as joint employment of the Successful Respondent Service Provider Personnel.

Requested Replacement. In the event that DIR or Customer determines lawfully and in good faith that the continued assignment of any individual Successful Respondent 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 Successful Respondent Service Provider notice to that effect requesting that such Successful Respondent Service Provider Personnel be replaced. Successful Respondent Service Provider shall have ten (10) DIR Business Days following DIR's request for removal of such Successful Respondent Service Provider Personnel in which to investigate the matters forming the basis of such request, correct any deficient performance, performance and provide DIR with assurances that such deficient performance shall not recur (provided that, if requested to do so by DIR, Successful Respondent Service Provider shall immediately remove (or cause to be removed) the individual in question from all DIR Facilities pending completion of Successful Respondent’s Service Provider's investigation and discussions with DIR). If, following such ten (10) DIR Business Day period, DIR is not reasonably satisfied with the results of Successful Respondent’s Service Provider's efforts to correct the deficient performance and/or to prevent its recurrence, Successful Respondent Service Provider shall, as soon as possible, remove and replace such Successful Respondent 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 Successful Respondent’s Service Provider's responsibility for the acts or omissions of Successful Respondent Service Provider Personnel, or be construed as joint employment of the Successful Respondent Service Provider Personnel.

Requested Replacement. In the event that DIR determines lawfully and in good faith that the continued assignment of any individual Successful Respondent Personnel personnel (including Key Personnel) to the performance of the Services is does not in conform to the best interests of any DIR CustomerServices warranted under this Agreement, then DIR may give Successful Respondent notice to that effect requesting that such Successful Respondent Personnel personnel be replaced. Successful Respondent shall have ten (10) DIR Business Days following DIR's request for removal of such Successful Respondent Personnel 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, Successful Respondent shall immediately remove (or cause to be removed) the individual in question from all DIR Facilities pending completion of Successful Respondent’s investigation and discussions with DIR). If, following such ten (10) DIR Business Day period, DIR is not reasonably satisfied with the results of Successful Respondent’s efforts to correct the deficient performance and/or to prevent its recurrence, Successful Respondent shall, as soon as possible, remove and replace such Successful Respondent Personnel 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 Successful Respondent’s responsibility for the acts or omissions of Successful Respondent Personnelpersonnel, or be construed as joint employment of the Successful Respondent Personnelpersonnel.