Common use of Responsibility for Supplier Personnel, Generally Clause in Contracts

Responsibility for Supplier Personnel, Generally. ‌ 5.1.1 No officer, director, employee, agent, Affiliate, contractor or subcontractor retained by Supplier to perform work on VITA’s or any other Customer’s behalf hereunder shall be deemed to be an officer, director, employee, agent, Affiliate, contractor or subcontractor of VITA or other Customer for any purpose. Neither VITA nor the other Customers has the right, power, authority or duty to supervise or direct the activities of the Supplier Personnel or to compensate Supplier Personnel for any work performed by them pursuant to this Agreement. Supplier, and not the Eligible Recipients, shall be responsible and liable for the acts and omissions of Supplier Personnel. The Supplier will manage, supervise and provide direction to Supplier Personnel and cause them to comply with the obligations and restrictions applicable to the Supplier under this Agreement. The Supplier will make Supplier Personnel aware of, and cause them to comply with, VITA Rules, including safety and security policies applicable while performing Services at VITA Facilities or accessing VITA Data or VITA’s Systems. The Supplier, and neither VITA nor any other Customer, is responsible for all of the acts and omissions of Supplier Personnel, as if such acts are performed by the Supplier. 5.1.2 Employment Laws, Work Authorizations, and Tax Residence. (a) The Supplier will be solely responsible for maintaining compliance with all applicable employment, immigration, working conditions, wage, benefits (including health care), tax and similar Laws, policies and procedures with respect to Supplier Personnel (including for any cost relating to visa processing or application fees). (b) As requested, the Supplier will provide VITA with written evidence of work authorization for any or all personnel assigned to VITA and demonstrate its compliance with applicable immigration Laws, and bear all expenses. In the United States, applicable immigration Laws include, but are not limited to, as amended, the Immigration and Reform Act of 1986, the Immigration and Nationality Act of 1947, the L-1 Visa (Intra-company Transferee) Reform Act of 2004 and the H-1B Visa Reform Act of 2004 (in each case, as may be amended). To the extent applicable, the Supplier must ensure that it maintains a sufficient number of visa-ready individuals to perform the Services.

Responsibility for Supplier Personnel, Generally. ‌ 5.1.1 No officer, director, employee, agent, Affiliate, contractor or subcontractor retained by Supplier to perform work on VITA’s or any other Customer’s behalf hereunder shall be deemed to be an officer, director, employee, agent, Affiliate, contractor or subcontractor of VITA or other Customer for any purpose. Neither VITA nor the other Customers has the right, power, authority or duty to supervise or direct the activities of the Supplier Personnel or to compensate Supplier Personnel for any work performed by them pursuant to this Agreement. Supplier, and not the Eligible Recipients, shall be responsible and liable for the acts and omissions of Supplier Personnel. The Supplier will manage, supervise and provide direction to Supplier Personnel and cause them to comply with the obligations and restrictions applicable to the Supplier under this Agreement. The Supplier will make Supplier Personnel aware of, and cause them to comply with, VITA Rules, including safety and security policies applicable while performing Services at VITA Facilities or accessing VITA Data or VITA’s Systems. The Supplier, and neither VITA nor any other Customer, is responsible for all of the acts and omissions of Supplier Personnel, as if such acts are performed by the Supplier. 5.1.2 Employment Laws, Work Authorizations, and Tax Residence. (a) The Supplier will be solely responsible for maintaining compliance with all applicable employment, immigration, working conditions, wage, benefits (including health care), tax and similar Laws, policies and procedures with respect to Supplier Personnel (including for any cost relating to visa processing or application fees). (b) As requested, the Supplier will provide VITA with written evidence of work authorization for any or all personnel assigned to VITA and demonstrate its compliance with applicable immigration Laws, and bear all expenses. In the United States, applicable immigration Laws include, but are not limited to, as amended, the Immigration and Reform Act of 1986, the Immigration and Nationality Act of 1947, the L-1 Visa (Intra-company Transferee) Reform Act of 2004 and the H-1B Visa Reform Act of 2004 (in each case, as may be amended). To the extent applicable, the Supplier must ensure that it maintains a sufficient number of visa-ready individuals to perform the Services.

Responsibility for Supplier Personnel, Generally. ‌ 5.1.1 No officer, director, employee, agent, Affiliate, contractor or subcontractor retained by Supplier to perform work on VITA’s or any other Customer’s behalf hereunder shall be deemed to be an officer, director, employee, agent, Affiliate, contractor or subcontractor of VITA or other Customer for any purpose. Neither VITA nor the other Customers has the right, power, authority or duty to supervise or direct the activities of the Supplier Personnel or to compensate Supplier Personnel for any work performed by them pursuant to this Agreement. Supplier, and not the Eligible Recipients, shall be responsible and liable for the acts and omissions of Supplier Personnel. The (a) Supplier will manage, supervise and provide direction to Supplier Personnel and cause them to comply with the obligations and restrictions applicable to the Supplier under this Agreement. The Supplier will make Supplier Personnel aware of, and cause them to comply with, VITA Rules, applicable Triple-S Policies and Procedures (including those regarding safety and security policies applicable security) while they are performing Services at VITA Triple-S Facilities or accessing VITA Triple-S Data or VITA’s SystemsTriple-S systems. The SupplierAs between Supplier and Triple-S, and neither VITA nor any other Customer, Supplier is responsible for all of wages, salaries and other amounts due Supplier Personnel, and for all tax withholdings, unemployment insurance premiums, pension and social welfare plan contributions, and other employer obligations with respect to Supplier Personnel, in each case to the extent such amounts are owed for periods when such employees are employed by Supplier. Supplier is responsible for the acts and omissions of Supplier Personnel, as if such acts are performed by the Supplier. 5.1.2 Employment Laws, Work Authorizations, and Tax Residence. (a) The Supplier will be solely responsible for maintaining compliance with all applicable employment, immigration, working conditions, wage, benefits (including health care), tax and similar Laws, policies and procedures with respect to Supplier Personnel (including for any cost under or relating to visa processing or application fees)this Agreement. (b) As requestedbetween Supplier and Triple-S, Triple-S is responsible for all wages, salaries and other amounts due to Triple-S employees, and for all tax withholdings, unemployment insurance premiums, pension and social welfare plan contributions, and other employer obligations with respect to Triple-S employees, in each case to the extent such amounts are owed for periods when such employees are employed by Triple-S. (c) Supplier shall provide any training reasonably necessary for Supplier Personnel to perform the Services (including technical training). Training required for Supplier Personnel shall not be chargeable to Triple-S. (d) Supplier shall maintain staffing levels as required for Supplier to properly perform Supplier’s obligations under and in accordance with this Agreement. If any Supplier Personnel leave the employment of Supplier or the Triple-S account, Supplier will provide VITA with written evidence of work authorization for any or all replacement personnel assigned to VITA and demonstrate its compliance with applicable immigration Laws, and bear all expenses. In the United States, applicable immigration Laws include, but are not limited to, as amended, the Immigration and Reform Act of 1986, the Immigration and Nationality Act of 1947, the L-1 Visa (Intra-company Transferee) Reform Act of 2004 and the H-1B Visa Reform Act of 2004 (in each case, as may be amended). To necessary for Supplier’s continued performance of the extent applicableServices) who have experience, the Supplier must ensure that it maintains a sufficient number of visa-ready individuals skills and technical expertise required to perform the Servicesrelated Services and are in the same location as the Supplier Personnel they are replacing. Supplier shall ensure (to the extent reasonably possible) that any outgoing Supplier Personnel leaving the Triple-S account spend a reasonable period of time training the new Supplier Personnel, if any, who will be replacing such outgoing personnel. Furthermore, if the scope of the Services changes in a manner requiring staffing adjustments of Supplier Personnel, the Parties shall work in good faith to develop a mutually agreed solution for Supplier to staff the revised scope of Services accordingly, which solution will be agreed to in the Statement of Work, Change Order or Task Order. Supplier is responsible for taking action at its own expense to ensure that Supplier Personnel assigned to perform Services have the legal right to work in the countries in which they are assigned to work.