Common use of REQUIREMENTS RELATING TO THE PROVIDER AND COOPERATION Clause in Contracts

REQUIREMENTS RELATING TO THE PROVIDER AND COOPERATION. To the extent the Contract Price is settled on a time basis for named employees, the Provider shall make the employees listed in the Provider’s tender, cf. Annex 2, available to complete the Project. Until final delivery of the Deliverable, the Provider shall maintain the capacity and knowledge, including qualified employees, necessary to complete the present Project for the entire Contract Period, including any extensions. In the interests of continuity and quality of the work, the Provider shall seek to avoid any replacement of the employees attached during completion of the Project. The Customer may require the Provider to replace an employee if this is objectively justified. If required by the Customer, or if the Provider is obliged to replace employees or change the allocation of roles, this shall not have any effect on the Provider’s completion of the Project, and the replacement of employees shall not cause any additional costs or delay to the Customer. If a replacement of employees or a change in the allocation of roles causes additional costs in the completion of the Project, these shall be borne by the Provider alone. If, because of an employee’s resignation or other circumstances related to an employee’s personal situation, it is necessary for the Provider to replace an employee named in the Provider’s tender, cf. Annex 2, the Provider shall offer the Customer other employees with qualifications and experience at least equivalent to the previous employee. It is assumed that the Parties will exhibit willingness to cooperate and will enter into flexible and smooth collaboration with each other, and it is also assumed that the Parties will enter into a continuous dialogue concerning quality and quality development of the Project so that the Project is completed in the best possible way in compliance with arm’s length and transparency principles to ensure that the Provider’s professional advice and independence cannot be called into question. Where problems of a financial, technical or scheduling nature arise with the Project, the Party affected shall inform the other Party thereof as soon as possible after the problem has arisen and provide a written recommendation for a solution.