Common use of Substitution of Provider Designee Clause in Contracts

Substitution of Provider Designee. If a Service Schedule specifies a designated employee of Provider (or any of its Affiliates, which shall include any of the Biofuels Subsidiaries) who will provide the Services (such employee, the “Provider Designee”), then only that Provider Designee, to the extent such Provider Designee is still employed by Provider, and no other employee or agent of Provider, shall provide such Services on behalf of Provider unless mutually agreed by the Parties. If a Provider Designee is unable to provide an applicable Service due to such Provider Designee no longer being employed at Provider or as a result of exigent circumstances affecting such Provider Designee, or if circumstances arise in which Provider’s continued provision of the Provider Designee’s Services would materially adversely affect Provider or the conduct of its business, Provider may identify another designated employee of Provider (or any of its Affiliates, which shall include any of the Biofuels Subsidiaries) as a replacement Provider Designee through a Change Order Request, and if the Parties agree to such replacement Provider Designee through a mutually agreed Change Order Request, Provider shall continue to perform the applicable Service through the replacement Provider Designee. If Provider is unable to identify any other such employee who has adequate skills to provide the applicable Service, Provider shall so notify the Company in writing, and the Parties shall meet to discuss a reasonable manner of addressing such situation. If, after such discussion, the Parties agree that Provider is no longer able to provide the applicable Service, Provider or the Company shall each be permitted to terminate such Service.

Substitution of Provider Designee. If a Service Schedule specifies a designated employee of Provider (or any of its Affiliates, which shall include any of the Biofuels Subsidiaries) who will provide the Services (such employee, the “Provider Designee”), then only that Provider Designee, to the extent such Provider Designee is still employed by Provider, and no other employee or agent of Provider, shall provide such Services on behalf of Provider unless mutually agreed by the Parties. If a Provider Designee is unable to provide an applicable Service due to such Provider Designee no longer being employed at Provider or as a result of exigent circumstances affecting such Provider Designee, or if circumstances arise in which Provider’s continued provision of the Provider Designee’s Services would materially adversely affect Provider or the conduct of its business, Provider may identify another designated employee of Provider (or any of its Affiliates, which shall include any of the Biofuels Subsidiaries) as a replacement Provider Designee through a Change Order Request, and if the Parties agree Governance Committee agrees to such replacement Provider Designee through a mutually agreed Change Order Request, Provider shall continue to perform the applicable Service through the replacement Provider Designee. If Provider is unable to identify any other such employee who has adequate skills to provide the applicable Service, Provider Provider, through its representatives on the Governance Committee, shall so notify the Company in writing, and the Parties Governance Committee shall meet and agree upon a resolution to discuss a reasonable manner of addressing such situation. If, after such discussion, the Parties agree Governance Committee determines that Provider is no longer able to provide the applicable Service, Provider or the Company shall each be permitted to terminate such Service.

Substitution of Provider Designee. If a Service Schedule specifies a designated employee of Provider (or any of its Affiliates, which shall include any of the Biofuels Subsidiaries) who will provide the Services (such employee, the “"Provider Designee”"), then only that Provider Designee, to the extent such Provider Designee is still employed by Provider, and no other employee or agent of Provider, shall provide such Services on behalf of Provider unless mutually agreed by the Parties. If a Provider Designee is unable to provide an applicable Service due to such Provider Designee no longer being employed at Provider or as a result of exigent circumstances affecting such Provider Designee, or if circumstances arise in which Provider’s 's continued provision of the Provider Designee’s 's Services would materially adversely affect Provider or the conduct of its business, Provider may identify another designated employee of Provider (or any of its Affiliates, which shall include any of the Biofuels Subsidiaries) as a replacement Provider Designee through a Change Order Request, and if the Parties agree Governance Committee agrees to such replacement Provider Designee through a mutually agreed Change Order Request, Provider shall continue to perform the applicable Service through the replacement Provider Designee. If Provider is unable to identify any other such employee who has adequate skills to provide the applicable Service, Provider Provider, through its representatives on the Governance Committee, shall so notify the Company in writing, and the Parties Governance Committee shall meet and agree upon a resolution to discuss a reasonable manner of addressing such situation. If, after such discussion, the Parties agree Governance Committee determines that Provider is no longer able to provide the applicable Service, Provider or the Company shall each be permitted to terminate such Service.

Substitution of Provider Designee. If a Service Schedule specifies a designated employee of Provider (or any of its Affiliates, which shall include any of the Biofuels Subsidiaries) who will provide the Services (such employee, the “"Provider Designee”"), then only that Provider Designee, to the extent such Provider Designee is still employed by Provider, and no other employee or agent of Provider, shall provide such Services on behalf of Provider unless mutually agreed by the Parties. If a Provider Designee is unable to provide an applicable Service due to such Provider Designee no longer being employed at Provider or as a result of exigent circumstances affecting such Provider Designee, or if circumstances arise in which Provider’s 's continued provision of the Provider Designee’s 's Services would materially adversely affect Provider or the conduct of its business, Provider may identify another designated employee of Provider (or any of its Affiliates, which shall include any of the Biofuels Subsidiaries) as a replacement Provider Designee through a Change Order Request, and if the Parties agree Governance Committee agrees to such replacement Provider Designee through a mutually agreed Change Order Request, Provider shall continue to perform the applicable Service through the replacement Provider Designee. If Provider is unable to identify any other such employee who has adequate skills to provide the applicable Service, Provider Provider, through its representatives on the Governance Committee, shall so notify the Company in writing, and the Parties Governance Committee shall meet and agree upon a resolution to discuss a reasonable manner of addressing such situation. If, after such discussion, the Parties agree Governance Committee determines that Provider is no longer able to provide the applicable Service, Provider or the Company shall each be permitted to terminate such Service.

Substitution of Provider Designee. If a Service Schedule specifies a designated employee of Provider (or any of its Affiliates, which shall include any of the Biofuels Subsidiaries) who will provide the Services (such employee, the “Provider Designee”), then only that Provider Designee, to the extent such Provider Designee is still employed by Provider, and no other employee or agent of Provider, shall provide such Services on behalf of Provider unless mutually agreed by the Parties. If a Provider Designee is unable to provide an applicable Service due to such Provider Designee no longer being employed at Provider or as a result of exigent circumstances affecting such Provider Designee, or if circumstances arise in which Provider’s continued provision of the Provider Designee’s Services would materially adversely affect Provider or the conduct of its business, Provider may identify another designated employee of Provider (or any of its Affiliates, which shall include any of the Biofuels Subsidiaries) as a replacement Provider Designee through a Change Order Request, and if the Parties agree to such replacement Provider Designee through a mutually agreed Change Order Request, Provider shall continue to perform the applicable Service through the replacement Provider Designee. If Provider is unable to identify any other such employee who has adequate skills to provide the applicable Service, Provider shall so notify the Company in writing, and the Parties shall meet to discuss a reasonable manner of addressing such situation. If, after such discussion, the Parties agree that Provider is no longer able to provide the applicable Service, Provider or the Company shall each be permitted to terminate such Service.

Substitution of Provider Designee. If a Service Schedule specifies a designated employee of Provider (or any of its Affiliates, which shall include any of the Biofuels Subsidiaries) who will provide the Services (such employee, the “Provider Designee”), then only that Provider Designee, to the extent such Provider Designee is still employed by Provider, and no other employee or agent of Provider, shall provide such Services on behalf of Provider unless mutually agreed by the Parties. If a Provider Designee is unable to provide an applicable Service due to such Provider Designee no longer being employed at Provider or as a result of exigent circumstances affecting such Provider Designee, or if circumstances arise in which Provider’s continued provision of the Provider Designee’s Services would materially adversely affect Provider or the conduct of its business, Provider may identify another designated employee of Provider (or any of its Affiliates, which shall include any of the Biofuels Subsidiaries) as a replacement Provider Designee through a Change Order Request, and if the Parties agree Governance Committee agrees to such replacement Provider Designee through a mutually agreed Change Order Request, Provider shall continue to perform the applicable Service through the replacement Provider Designee. If Provider is unable to identify any other such employee who has adequate skills to provide the applicable Service, Provider Provider, through its representatives on the Governance Committee, shall so notify the Company in writing, and the Parties Governance Committee shall meet and agree upon a resolution to discuss a reasonable manner of addressing such situation. If, after such discussion, the Parties agree Governance Committee determines that Provider is no longer able to provide the applicable Service, Provider or the Company shall each be permitted to terminate such Service.