Service Provider Personnel. Service Provider shall be responsible for verifying (i) that Service Provider Personnel are authorized to work in any location in which they are assigned to perform Services and (ii) that Service Provider Personnel have not been convicted of or accepted responsibility for a felony or a misdemeanor involving a dishonest act, do not use illegal drugs and are not otherwise disqualified from performing their assigned work under applicable Laws.
Service Provider Personnel. Service Provider shall be responsible, at its own cost, for all recruiting, hiring, training, educating and orienting of all Service Provider Personnel, all of whom shall be fully qualified and shall be authorized under Applicable Law to perform the Services.
Service Provider Personnel. The Customer and Service Provider agree and acknowledge that in the event of the Service Provider ceasing to provide the Services or part of them for any reason, Call Off Schedule 10 (Staff Transfer) shall apply. The Service Provider shall not and shall procure that any relevant Sub-Contractor shall not take any step (expressly or implicitly and directly or indirectly by itself or through any other person) without the prior written consent of the Customer to dissuade or discourage any employees engaged in the provision of the Services from transferring their employment to the Customer and/or the Replacement Service Provider and/or Replacement Sub-Contractor. During the Termination Assistance Period, the Service Provider shall and shall procure that any relevant Sub-Contractor shall: give the Customer and/or the Replacement Service Provider and/or Replacement Sub-Contractor reasonable access to the Service Provider's personnel and/or their consultation representatives to present the case for transferring their employment to the Customer and/or the Replacement Service Provider and/or to discuss or consult on any measures envisaged by the Customer, Replacement Service Provider and/or Replacement Sub-Contractor in respect of persons expected to be Transferring Service Provider Employees; co-operate with the Customer and the Replacement Service Provider to ensure an effective consultation process and smooth transfer in respect of Transferring Service Provider Employees in line with good employee relations and the effective continuity of the Services. The Service Provider shall immediately notify the Customer or, at the direction of the Customer, the Replacement Service Provider of any period of notice given by the Service Provider or received from any person referred to in the Staffing Information, regardless of when such notice takes effect. The Service Provider shall not for a period of twelve (12) months from the date of transfer re-employ or re-engage or entice any employees, Service Providers or Sub-Contractors whose employment or engagement is transferred to the Customer and/or the Replacement Service Provider except that this paragraph 10.5 shall not apply where an offer is made pursuant to an express right to make such offer under Call Off Schedule 10.1 (Staff Transfer) in respect of a Transferring Service Provider Employee not identified in the Service Provider's Final Service Provider Personnel List.
Service Provider Personnel. The Purchaser and Service Provider agree and acknowledge that in the event of the Service Provider ceasing to provide the Services or part of them for any reason, clause 32 (Staff transfer on expiry or termination) may apply. The Service Provider shall not take any step (expressly or implicitly or directly or indirectly by itself or through any other person) to dissuade or discourage any employees engaged in the provision of the Services from transferring their employment to the Purchaser and/or the Replacement Service Provider. During the Termination Assistance Period, the Service Provider shall give the Purchaser and/or the Replacement Service Provider reasonable access to the Service Provider's personnel to present the case for transferring their employment to the Purchaser and/or the Replacement Service Provider. The Service Provider shall immediately notify the Purchaser or, at the direction of the Purchaser, the Replacement Service Provider of any period of notice given by the Service Provider or received from any person referred to in the Staffing Information, regardless of when such notice takes effect. The Service Provider shall not for a period of twelve (12) months from the date of transfer reemploy or re-engage or entice any employees, service providers or Sub-contractors whose employment or engagement is transferred to the Purchaser and/or the Replacement Service Provider, except that this paragraph shall not apply where the employee, supplier or Sub-contractor applies in response to a public advertisement of a vacancy.
Service Provider Personnel. Service Provider will make available to Service Recipient such personnel as Service Provider determines may be necessary to provide the Services hereunder. Service Provider will have the right, in its sole discretion, to (i) designate which personnel it will assign to perform any Service and (ii) remove and replace such personnel at any time.
Service Provider Personnel. In performing the Services hereunder, Service Provider shall only utilize personnel with satisfactory background checks and no personnel providing such Services: (i) are on the List of Excluded Individuals/Entities maintained by the HHS Office of Inspector General pursuant to 42 U.S.C. Sections 1320a-7, 13955ccc, 1320c-5 and regulations promulgated thereunder, which, as of the Effective Date, is located at xxxx://xxx.xxx.xxx/fraud/exclusions.html (the “OIG List”); (ii) are on the Excluded Parties List System maintained by the United States General Services Administration which, as of the Effective Date, is located at xxxx://xxxx.xxxxx.xxx (the “GSA List”); (iii) are listed as a Specially Designated National or Blocked Person on the U.S Treasury’s Office of Foreign Assets Control list of Specially Designated Nationals and Blocked Persons which, as of the Effective Date, is located at xxxx://xxx.xxxxxxx.xxx/offices/enforcement/ofac/sdn ( the “SDN List”); or, (iv) have been convicted of a felony or entered a plea of nolo contendre with respect to a felony charge. Service Provider will promptly inform Supplier if it or personnel providing Services should come to be included on the OIG List or the GSA List or SDN List.
Service Provider Personnel. The Service Provider shall: provide a list of the names of all Service Provider Personnel requiring admission to Customer Premises, specifying the capacity in which they require admission and giving such other particulars as the Customer may reasonably require; ensure that all Service Provider Personnel: are appropriately qualified, trained and experienced to provide the Services with all reasonable skill, care and diligence; are vetted in accordance with Good Industry Practice, Staff Vetting Procedures and, where applicable, the Security Policy and the Standards prior to placement; obey all lawful instructions and reasonable directions of the Customer (including, if so required by the Customer, the ICT Policy) and provide the Services to the reasonable satisfaction of the Customer; comply with identity, right to work, employment history and DBS checks in accordance with the Cabinet Office Baseline Personnel Security Standard (BPSS); supplied to the education sector are compliant with the Safer Recruitment in Education Guidance and are part of either the REC Audited Education Scheme or the APSCO Compliance+ Scheme; supplied to the health sector are compliant with the requirements specified, including the UK Core Skills Training Framework and safeguarding requirements, prior to placement. There are six (6) NHS Employment Check Standards that outline the type and level of checks employers must carry out before recruiting staff into NHS positions; have the required level of English language competence ( and Welsh, if required) to enable them to undertake their role effectively, to enable clear communication about medical topics with patients and colleagues and to assure the delivery of safe care to patients in accordance with: xxxx://xxx.xxxxxxxxxxxx.xxx/case-studies-and-resources/2017/01/language-competency-good-practice-guidance-for-employers; and comply with all reasonable requirements of the Customer concerning conduct at the Customer Premises, including the security requirements set out in Call Off Schedule 7 (Security); be responsible for creating and providing a positive worker care experience for all Service Provider Personnel; ensure processes are in place to monitor security clearance/visas for Service Provider Personnel on an ongoing basis including monitoring expiry dates, hours worked and any other restrictions that may be in place; ensure that copies of all verified documentation are held on file in a format that is unable to be altered/amended....
Service Provider Personnel. For such time as any personnel of Service Provider are performing Services: (i) such personnel will remain employees of Service Provider and will not be deemed to be employees of the Company for any purpose; and (ii) Service Provider shall be solely responsible for […***…]. In addition, Service Provider expressly acknowledges and agrees that it will be solely responsible for the performance of the Services by all personnel of Service Provider performing any of the Services, and shall at all times cause such personnel to comply with all of the obligations of Service Provider set forth in this Agreement.
Service Provider Personnel. 48.1.1. The Service Provider warrants that it will for the duration of this Agreement: (i) use adequate numbers of qualified staff with suitable training, accreditation, education, experience and skill to perform the Services; (ii) use and adopt any standards and processes required under this Agreement; and (iii) provide the Services with promptness and diligence and in a workmanlike manner and in accordance with the practices and high professional standards used in well-managed operations performing Services similar to the Services.
Service Provider Personnel. (a) Service Provider shall provide or cause to be provided labor and professional, supervisory and managerial personnel required to perform the Services (“Operating Personnel”). Operating Personnel shall be qualified to perform the duties to which they are assigned and shall meet the requirements of all Applicable Law, and Service Provider will use its reasonable best efforts to employ personnel to perform the Services who have experience levels consistent with Service Provider’s personnel employed at the Big West Refinery. The proportion of new trainees allotted to the Refinery shall be generally consistent with the proportion of new trainees allotted to other units at the Big West Refinery. All Operating Personnel will be subject to oversight and supervision by the Service Provider. All Operating Personnel will remain employees of Service Provider, and nothing in this Agreement may be construed as creating an employer-employee relationship between Owner and any Operating Personnel.
(b) Subject to Applicable Law and the terms of any collective bargaining agreement affecting the employees of Service Provider or (if applicable) its Affiliates in effect from time to time, if Owner has a reasonable and substantiated complaint with respect to the performance of any employee of Service Provider or any of its Affiliates, then Owner may give written notice to Service Provider identifying such employee and describing the complaint in reasonable detail, and Service Provider shall handle such complaint in accordance with Service Provider’s applicable employment and human relations policies, practices and procedures in effect at such time.
(c) The working hours, rates of compensation and all other matters relating to the employment of employees of Service Provider or any of its Affiliates shall be determined solely by Service Provider or such Affiliates, and Service Provider shall have sole authority, control and responsibility with respect to labor matters in connection with the performance of Services and shall seek to maintain good relations with its employees at the Refinery. Service Provider or its Affiliates shall be responsible for paying the salaries and all benefits of their employees and meeting all Applicable Laws with respect to such employees.
