Retention of Experienced Personnel. (a) The Customer has identified certain of the Affected Employees as “Knowledge Retention Personnel” due to their possession of knowledge that the Customer believes will be critical to the Service Provider in providing the Services. A list of the Affected Employees who are designated as Knowledge Retention Personnel is set forth in Exhibit 7, the “Human Resources” Exhibit. The Service Provider will not transfer or reassign any Knowledge Retention Personnel from his or her current function prior to the successful completion of the transition and transformation projects set forth in Exhibit 22, the “Transition by Service Tower” Exhibit, and in Exhibit 23, the “Transformation by Service Tower” Exhibit, that relate to his or her current function, and thereafter, the Service Provider will use commercially reasonable efforts to keep all Knowledge Retention Personnel as members of the Customer service team through the retention period specified for each Knowledge Retention Personnel in Exhibit 7, the “Human Resources” Exhibit, subject to the Service Provider’s ability to make reasonable opportunities for promotion available to them within the Customer service team. The provisions of Section 7.3(e) shall also apply to changes in the assignment or employment status of Knowledge Retention Personnel, except that the provision of Section 7.3(c) that limits the number of individuals who may occupy a Key Personnel Position during the Term shall not apply to Knowledge Retention Personnel.
(b) The Customer and the Service Provider agree that it is in their best interests to keep the turnover rate of the Service Provider personnel to a reasonably low level. Accordingly, if the Service Provider fails to meet the Service Levels persistently or continuously and if the Customer reasonably believes such failure is attributable in whole or in part to the Service Provider’s reassignment, movement, or other changes in the human resources allocated by the Service Provider to the performance and delivery of the Services or to the Service Provider subcontractors assigned to the Customer service team, the Customer will notify the Service Provider of such belief and the basis for such belief. Upon receipt of such notice from the Customer, the Service Provider (a) will promptly provide to the Customer a report setting forth the Service Provider’s position regarding the matters raised by the Customer in its notice; (b) will meet with the Customer to discuss the matters raised by the Cust...
Retention of Experienced Personnel. If IBM fails under any Transaction Document to meet the * under any Transaction Document persistently or continuously and if Equifax reasonably believes such failure is attributable in whole or in part to IBM's reassignment, movement, or other changes in the human resources allocated by IBM to the performance and delivery of the Services pursuant to such Transaction Document or the Agreement and/or to the IBM subcontractors assigned to the Equifax service team, Equifax will notify IBM of such belief and the basis for such belief. Upon receipt of such notice from Equifax, IBM (a) will promptly provide to Equifax a report setting forth IBM's position regarding the matters raised by Equifax in its notice; (b) will meet with Equifax to discuss the matters raised by Equifax in its notice and IBM's positions with regard to such matters; and (c) will promptly and diligently take commercially reasonable action to *
Retention of Experienced Personnel. If ISSC fails to meet the Performance Standards or Minimum Service Levels persistently or continuously and if Flagstar reasonably believes such failure is attributable in whole or in part to ISSC's reassignment, movement, or other changes in the human resources allocated by ISSC to the performance and delivery of the Services and/or to the ISSC subcontractors assigned to the Flagstar service team, Flagstar will notify ISSC of such belief. Upon receipt of such notice from Flagstar, ISSC
(i) will promptly provide to Flagstar a report setting forth ISSC's position regarding the matters raised by Flagstar in its notice; (ii) will meet with Flagstar to discuss the matters raised by Flagstar in its notice and ISSC's positions with regard to such matters; and (iii) will diligently work to eliminate with respect to the Services any such ISSC human resource practices and/or processes identified and agreed to by the Parties as adversely impacting the performance and delivery of the Services by ISSC.
Retention of Experienced Personnel. 21 5.4 Efficient Use of Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 5.5 CHMS Approvals and Notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Retention of Experienced Personnel. If ISSC fails to meet the Performance Standards or Minimum Service Levels persistently or continuously and if CHMS reasonably determines such failure is attributable in whole or in part to ISSC's turnover or position change rate of employees and/or subcontractors assigned to the CHMS service team, CHMS will notify ISSC of such determination. If such persistent failure is due to ISSC's turnover rate or position change rate, (i) ISSC will promptly provide data concerning its personnel and subcontractor turnover rate or position change rate for providing the Services and will meet with CHMS to discuss the reasons for the turnover rate or position change rate; (ii) ISSC shall submit to CHMS its proposals for reducing the turnover rate or position change rate; and (iii) in any event, ISSC shall reduce the turnover rate or position change rate to a level at which it ceases to adversely impact Performance Standards and/or Minimum Service Levels.
Retention of Experienced Personnel. If EDS fails under any Transaction Document to meet the Performance Standards or Minimum Service Levels thereunder persistently or continuously and if Equifax reasonably believes such failure is attributable in whole or in part to EDS's reassignment, movement, or other changes in the human resources allocated by EDS to the performance and delivery of the Services pursuant to such Transaction Document or the Agreement and/or to the EDS subcontractors assigned to the Equifax service team, Equifax will notify EDS of such belief and the basis therefor. Upon receipt of such notice from Equifax, EDS: (a) will promptly provide to Equifax a report setting forth EDS's position regarding the matters raised by Equifax in its notice; (b) will meet with Equifax to discuss the matters raised by Equifax in its notice and EDS's positions with regard to such matters; and (c) will promptly and diligently take commercially reasonable action to eliminate any EDS human resource practices or other practices and/or processes identified by Equifax or EDS as adversely impacting the performance and delivery of the Services by EDS.
Retention of Experienced Personnel. If IBM fails under any Transaction Document to meet the Performance Standards or Minimum Service Levels under any Transaction Document persistently or continuously and if Certegy reasonably believes such failure is attributable in whole or in part to IBM’s reassignment, movement, or other changes in the human resources allocated by IBM to the performance and delivery of the Services pursuant to such Transaction Document or the Agreement and/or to the IBM subcontractors assigned to the Certegy service team, Certegy will notify IBM of such belief and the basis for such belief. Upon receipt of such notice from Certegy, IBM (a) will promptly provide to Certegy a report setting forth IBM’s position regarding the matters raised by Certegy in its notice; (b) will meet with Certegy
Retention of Experienced Personnel. If IBM fails under any Transaction Document to meet the Performance Standards or Minimum Service Levels under any Transaction Document persistently or continuously and if Certegy reasonably believes such failure is attributable in whole or in part to IBM's reassignment, movement, or other changes in the human resources allocated by IBM to the performance and delivery of the Services pursuant to such Transaction Document or the Agreement and/or to the IBM subcontractors assigned to the Certegy service team, Certegy will notify IBM of such belief and the basis for such belief. Upon receipt of such notice from Certegy, IBM (a) will promptly provide to Certegy a report setting forth IBM's position regarding the matters raised by Certegy in its notice; (b) will meet with Certegy CERTEGY/IBM CONFIDENTIAL to discuss the matters raised by Certegy in its notice and IBM's positions with regard to such matters; and (c) will promptly and diligently take commercially reasonable action to modify or eliminate any IBM practices and/or processes identified as adversely impacting the performance and delivery of the Services.
Retention of Experienced Personnel. NEW TRUSTCO and Chase both agree that it is in their best interests to keep the turnover rate of the Chase personnel performing the Services to a reasonably low level. Accordingly, if NEW TRUSTCO reasonably determines that Chase's turnover rate is excessive and so notifies Chase, Chase shall provide data concerning its turnover rate at the next quarterly meeting referred to in Section 3.4(d) and shall discuss the reasons for the turnover rate at such meeting. In any event, notwithstanding transfer or turnover of personnel, Chasx xxxxx xxxigated to perform the Services without degradation and in accordance with this Agreement.
Retention of Experienced Personnel. 32.3.7.1 To the extent applicable, the Customer may identify certain of the Affected Employees as “Knowledge Retention Personnel” due to their possession of knowledge that the Customer believes will be critical to the Supplier in providing the Services. To the extent applicable, a list of the Affected Employees who are designated as Knowledge Retention Personnel will be set forth in the applicable Statement of Work. Supplier will use Commercially Reasonable Efforts to keep all Knowledge Retention Personnel as members of the Customer service team subject to the Supplier’s ability to make reasonable opportunities for promotion available to them within the Customer service team. The provisions of Section 32.3.5 shall also apply to changes in the assignment and/or employment status of Knowledge Retention Personnel, except for that provision of Section 32.3.5 that limits the number of individuals who may occupy a Key Supplier Personnel Position during the Term.
32.3.7.2 Supplier will make Commercially Reasonable Efforts to maintain a the turnover rate of the Supplier Personnel, that does not exceed 15% of the aggregate population of the Supplier Personnel performing the Services under the Agreement.
