Common use of Supplier and Supplier Personnel Clause in Contracts

Supplier and Supplier Personnel. Supplier: (a) shall, upon request of INTESA and to the extent permitted by applicable law, provide to INTESA (I) for export evaluation purposes, the country of citizenship and permanent residence and immigration status of its Personnel, (II) written confirmation (i) that Supplier Personnel are eligible to work in the country where the Services are being provided and (ii) to the extent required by applicable law, that Supplier participates in eVerify pursuant to applicable Executive Order(s) and United States Department of Homeland Security, and (III) if specific education requirements are required by INTESA, proof of education for Supplier Personnel; (b) shall instruct its Personnel that employment related issues should be brought forward to Supplier (and not INTESA) and shall notify INTESA promptly where such issues relate to actions which are alleged to have been taken by INTESA or its Personnel to enable INTESA to investigate as necessary; (c) is and shall remain responsible for the day to day supervision, control, terms and conditions, hiring, verification of eligibility to work, discipline, performance management, termination, counseling, scheduling, compensation, benefits and other activities, withholdings, health and safety of Supplier Personnel, and shall ensure Supplier Personnel do not seek to obtain the same from INTESA; (d) acknowledges that INTESA has no responsibility for reviewing or approving timesheets; however, INTESA may review such timesheets for billing verification purposes only; (e) is responsible for the actions and inactions of Supplier Personnel and compliance by Supplier Personnel with the requirements of these GTC; (f) agrees that INTESA retains the right to refuse to accept Supplier Personnel made available by Supplier to perform Services hereunder and may request the removal of Supplier Personnel from assignment under the Agreement, for any lawful reason at INTESA’s sole and reasonable discretion.

Supplier and Supplier Personnel. Supplier: (a) a. is an independent contractor and this Agreement does not create an agency, partnership or joint venture relationship between INTESA and Supplier or Supplier Personnel. INTESA assumes no liability or responsibility for Supplier Personnel b. shall, upon request of INTESA and to the extent permitted by applicable law, provide to INTESA (I) for export evaluation purposes, the country of citizenship and permanent residence and immigration status of its Personnel, (II) written confirmation confirmation (i) that Supplier Personnel are eligible to work in the country where the Services are being provided and (ii) to the extent required by applicable law, that Supplier participates in eVerify pursuant to applicable Executive Order(s) and United States Department of Homeland Security, and (III) if specific education requirements are required by INTESA, proof of education for Supplier Personnel;. (b) c. shall instruct its Personnel that employment related issues should be brought forward to Supplier (and not INTESA) and shall notify INTESA promptly where such issues relate to actions which are alleged to have been taken by INTESA or its Personnel to enable INTESA to investigate as necessary; (c) d. is and shall remain responsible for the day to day supervision, control, terms and conditions, hiring, verification of eligibility to work, discipline, performance management, termination, counseling, scheduling, compensation, benefits and other activities, withholdings, health and safety of Supplier Personnel, and shall ensure Supplier Personnel do not seek to obtain the same from INTESA. To avoid any confusion, Supplier remains the employer of Supplier Personnel at all times. Further, this Agreement does not create an employment relationship between INTESA and Supplier Personnel; (d) e. shall provide written confirmation to each Supplier Personnel that Supplier remains the employer of Supplier Personnel, assignment to INTESA does not create an employer/employee relationship, INTESA is not their employer, and they are not entitled to INTESA benefits. Supplier is obligated to provide such notice upon request by INTESA; f. acknowledges that INTESA has no responsibility for reviewing or approving timesheets; however, INTESA may review such timesheets for billing verification purposes only; (e) g. is responsible for the actions and inactions of Supplier Personnel and compliance by Supplier Personnel with the requirements of these GTCthis Agreement; (f) h. agrees that INTESA retains the right to refuse to accept Supplier Personnel made available by Supplier to perform Services hereunder and may request the removal of Supplier Personnel from assignment under the this Agreement, for any lawful reason at INTESA’s sole and reasonable discretion.

Supplier and Supplier Personnel. Supplier: (a) a. is an independent contractor and this Agreement does not create an agency, partnership or joint venture relationship between INTESA and Supplier or Supplier Personnel. INTESA assumes no liability or responsibility for Supplier Personnel b. shall, upon request of INTESA and to the extent permitted by applicable law, provide to INTESA (I) for export evaluation purposes, the country of citizenship and permanent residence and immigration status of its Personnel, (II) written confirmation confirmation (i) that Supplier Personnel are eligible to work in the country where the Services are being provided and (ii) to the extent required by applicable law, that Supplier participates in eVerify pursuant to applicable Executive Order(s) and United States Department of Homeland Security, and (III) if specific education requirements are required by INTESA, proof of education for Supplier Personnel;. (b) c. shall instruct its Personnel that employment related issues should be brought forward to Supplier (and not INTESA) and shall notify INTESA promptly where such issues relate to actions which are alleged to have been taken by INTESA or its Personnel to enable INTESA to investigate as necessary; (c) d. is and shall remain responsible for the day to day supervision, control, terms and conditions, hiring, verification of eligibility to work, discipline, performance management, termination, counseling, scheduling, compensation, benefits and other activities, withholdings, health and safety of Supplier Personnel, and shall ensure Supplier Personnel do not seek to obtain the same from INTESA. To avoid any confusion, Supplier remains the employer of Supplier Personnel at all times. Further, this Agreement does not create an employment relationship between INTESA and Supplier Personnel; (d) e. shall provide written confirmation to each Supplier Personnel that Supplier remains the employer of Supplier Personnel, assignment to INTESA does not create an employer/employee relationship, INTESA is not their employer, and they are not entitled to IBM benefits. Supplier is obligated to provide such notice upon request by INTESA; f. acknowledges that INTESA has no responsibility for reviewing or approving timesheets; however, INTESA may review such timesheets for billing verification purposes only; (e) g. is responsible for the actions and inactions of Supplier Personnel and compliance by Supplier Personnel with the requirements of these GTCthis Agreement; (f) h. agrees that INTESA retains the right to refuse to accept Supplier Personnel made available by Supplier to perform Services hereunder and may request the removal of Supplier Personnel from assignment under the this Agreement, for any lawful reason at INTESA’s sole and reasonable discretion.

Supplier and Supplier Personnel. Supplier: The following provision is added as subsection 14.1 “Personnel” to Section 14 “Supplier and Supplier Personnel” of the Agreement: Supplier cannot subcontract to third parties (aboth individuals or companies) shallall or part of the Services if not approved in advance by INTESA. Supplier will make available to INTESA all necessary information, upon request of INTESA including contract type and resources, related to the extent permitted 3rd party which Supplier intends to use as a subcontractor. Notwithstanding this Section the usage of subcontractors will not relieve Supplier from its responsibility on the performance of subcontractors. Supplier will remain the sole responsible vs. INTESA for all obligations of this Agreement. INTESA reserves the right, at its own discretion, to refuse the usage of subcontractors or any other 3rd party. Personnel assigned to the Services, with the exception of possible consultants, must be regularly hired by Supplier, under all local regulations applicable lawto the Supplier. The following provision, provide if applicable, is added as subsection 14.2 “Posted Workers” to Section 14 “Supplier and Supplier Personnel” of the Agreement: Where Supplier intends to use Supplier Personnel and/or subcontractors who are deemed posted workers (as defined in EC Posted Worker Directive 96/71/EC and/or any related or derived EC or national legislation) or temporary agency workers (as defined in EC Directive 08/104/EC, and/or any related or derived EC or national legislation) (together hereinafter “Posted Workers”) for the provision of Services to INTESA (I) for export evaluation purposesand/or to INTESA’s Customer(s), the country of citizenship and permanent residence and immigration status of its PersonnelSupplier will, (II) written confirmation (i) that Supplier Personnel are eligible prior to each Posted Worker commencing work in the country where they are posted to, inform INTESA and provide to INTESA all statutorily required information, as well as evidence of compliance with the Services are being above-mentioned legislation. Supplier warrants that the information provided is at all times correct, accurate, and (ii) up to date, and Supplier agrees to provide updated information to the extent required by applicable lawINTESA immediately at any time upon INTESA´s request. Should the Supplier’s, or the Supplier’s subcontractor’s, breach of this provision cause the INTESA or its personnel to be held liable or to be fined, Supplier shall indemnify the INTESA and its personnel against all claims and/or fines that Supplier participates in eVerify pursuant to applicable Executive Order(s) and United States Department of Homeland Security, and (III) if specific education requirements are required by INTESA, proof of education for Supplier Personnel; (b) shall instruct its Personnel that employment related issues should be brought forward to Supplier (and not INTESA) and shall notify INTESA promptly where such issues relate to actions which arise or are alleged to have been taken by INTESA or its Personnel arisen as a result of such breach. Notwithstanding anything to enable INTESA to investigate as necessary; (c) is and shall remain responsible for the day to day supervision, control, terms and conditions, hiring, verification of eligibility to work, discipline, performance management, termination, counseling, scheduling, compensation, benefits and other activities, withholdings, health and safety of Supplier Personnel, and shall ensure Supplier Personnel do not seek to obtain contrary in the same from INTESA; (d) acknowledges that INTESA has no responsibility for reviewing or approving timesheets; howeverAgreement, INTESA may review terminate this Agreement for Cause in case of a breach of this provision or when INTESA reasonably believes such timesheets for billing verification purposes only; (e) a breach has occurred or is responsible for likely to occur. In addition to this, the actions and inactions of Supplier Personnel and compliance by Supplier Personnel with the requirements of these GTC; (f) agrees that INTESA retains the right to refuse to accept Supplier Personnel made available by Supplier to perform Services hereunder and may request the immediate removal of Supplier Personnel Posted Workers from assignment under the Agreement, for any lawful reason at INTESA’s sole and reasonable discretion.