Common use of Staffing Issues Clause in Contracts

Staffing Issues. During the first twelve (12) months after the Effective Date, Provider shall give written notice to Company (a “Staffing Notice”) within ten (10) days of the occurrence of either of the following: (i) more than ten percent (10%) of the employees (including all full-time and part-time employees) of Provider that have performed, or are scheduled to perform, Services either have (a) resigned their positions with Provider, (b) had their employment or engagement with Provider terminated by Provider, or (c) been assigned or proposed to be assigned by Provider to work for or on behalf of other clients of Provider; or (ii) Provider does not reasonably anticipate that it will have a sufficient number of qualified employees to complete the Services in a timely manner and consistent with the requirements of this Agreement. In the event such staffing issue occurs, Provider shall not be relieved from its obligations to provide the Services hereunder, and no later than ten (10) days after Provider provides such Staffing Notice, Provider shall develop and submit to Company for Company’s approval an action plan (a “Staffing Action Plan”) pursuant to which Provider shall retain a sufficient number of new employees, or otherwise assign employees from other divisions or Affiliates of Provider, to perform Services and to cause the Services to be completed in a timely manner and consistent with the requirements of this Agreement. Upon Company’s approval of a Staffing Action Plan, Provider shall promptly and diligently implement such Company-approved Staffing Action Plan. Upon Company’s request and otherwise on a monthly basis after Company’s approval of a Staffing Action Plan, Provider shall provide Company with a written report describing any changes in Provider’s staffing of the Services and any other facts and circumstances which may impact Provider’s ability to provide adequate staffing to timely perform the Services in a manner consistent with the requirements of this Agreement.

Staffing Issues. During Company and Supplier agree that it is in their best interests to keep the first twelve attrition rate of Supplier Personnel to a reasonably low level. If Company believes that Supplier’s attrition rate may be excessive and so notifies Supplier, Supplier shall provide data concerning its attrition rate and meet with Company to discuss the reasons for, and impact of, the attrition rate. In any event, Supplier shall use commercially reasonable efforts to keep the attrition rate to a reasonably low level. Notwithstanding transfer, attrition or other turnover of Supplier Personnel, Supplier remains obligated to perform the Services without degradation (12in accordance with the Service Levels) months after and in accordance with the Effective Dateterms of this Agreement. Without limiting the foregoing, Provider Supplier shall promptly give written notice to Company (a “Staffing Notice”) within ten (10) days of upon the occurrence of either of the following: (i) more than ten percent (10%) of the employees (including all full-time and part-time employees) of Provider that have performed, or are scheduled to perform, Services either have (a) resigned their positions with Provider, (b) had their employment or engagement with Provider terminated by Provider, or (c) been assigned or proposed to be assigned by Provider to work for or on behalf of other clients of Provider; or (ii) Provider does not reasonably anticipate that it will have a sufficient number of qualified employees to complete the Services in a timely manner and consistent with the requirements of this Agreement. In the event such staffing issue occurs, Provider shall not be relieved from its obligations to provide the Services hereunder, and no [*] No later than ten (10) days after Provider provides such the time Supplier is required to provide Company with a Staffing Notice, Provider Supplier shall develop and submit to Company for Company’s approval an action plan (a “Staffing Action Plan”) pursuant to which Provider Supplier shall retain a sufficient number of new employees, or otherwise assign employees from other divisions or Affiliates of ProviderSupplier, to perform Services and for the Project to cause the Services to be completed in a timely manner and consistent with the requirements of this AgreementAgreement (taking into account the then-current scope and volumes of the Services, and productivity and technology improvements in the delivery of the Services). Upon Company’s approval of a Staffing Action Plan, Provider Supplier shall promptly and diligently implement such Company-approved Staffing Action Plan. Upon Company’s request and otherwise on a monthly basis after Company’s approval of a Staffing Action Plan, Provider Supplier shall provide Company with a written report describing any changes in ProviderSupplier’s staffing of the Services an Order and any other facts and circumstances which may impact ProviderSupplier’s ability to provide adequate staffing to timely perform the Services in a manner consistent with the requirements of this Agreement.