Common use of Supplier Clause in Contracts

Supplier. shall, upon request of Buyer and to the extent permitted by applicable law, provide to Buyer (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 Buyer, proof of education for Supplier Personnel; shall instruct its Personnel that employment related issues should be brought forward to Supplier (and not Buyer) and shall notify Buyer promptly where such issues relate to actions which are alleged to have been taken by Buyer or its Personnel to enable Buyer to investigate as necessary; 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 Buyer; acknowledges that Buyer has no responsibility for reviewing or approving timesheets; however, Buyer may review such timesheets for billing verification purposes only; is responsible for the actions and inactions of Supplier Personnel and compliance by Supplier Personnel with the requirements of this PO; agrees that Xxxxx 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 this PO, for any lawful reason at Buyer’s sole and reasonable discretion.

Supplier. shall, upon request of Buyer IBM and to the extent permitted by applicable law, provide to Buyer IBM (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 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 BuyerIBM, proof of education for Supplier Personnel; shall instruct its Personnel that employment related issues should be brought forward to Supplier (and not BuyerIBM) and shall notify Buyer IBM promptly where such issues relate to actions which are alleged to have been taken by Buyer IBM or its Personnel to enable Buyer IBM to investigate as necessary; 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 BuyerIBM; acknowledges that Buyer IBM has no responsibility for reviewing or approving timesheets; however, Buyer IBM may review such timesheets for billing verification purposes only; is responsible for the actions and inactions of Supplier Personnel and compliance by Supplier Personnel with the requirements of this POAgreement; agrees that Xxxxx IBM retains the right to refuse to accept Supplier Personnel made available by Supplier to perform services Services hereunder and may request the removal of Supplier Personnel from assignment under this POAgreement, for any lawful reason at BuyerIBM’s sole and reasonable discretion.

Supplier. shall, upon request of Buyer IBM and to the extent permitted by applicable law, provide to Buyer IBM (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 BuyerIBM, proof of education for Supplier Personnel; shall instruct its Personnel that employment related issues should be brought forward to Supplier (and not BuyerIBM) and shall notify Buyer IBM promptly where such issues relate to actions which are alleged to have been taken by Buyer IBM or its Personnel to enable Buyer IBM to investigate as necessary; 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 BuyerIBM; acknowledges that Buyer IBM has no responsibility for reviewing or approving timesheets; however, Buyer IBM may review such timesheets for billing verification purposes only; is responsible for the actions and inactions of Supplier Personnel and compliance by Supplier Personnel with the requirements of this PO; agrees that Xxxxx IBM 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 this PO, for any lawful reason at BuyerIBM’s sole and reasonable discretion.

Supplier. shall, upon request of Buyer and to the extent permitted by applicable law, provide to Buyer (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 Buyer, proof of education for Supplier Personnel; shall instruct its Personnel that employment related issues should be brought forward to Supplier (and not Buyer) and shall notify Buyer promptly where such issues relate to actions which are alleged to have been taken by Buyer or its Personnel to enable Buyer to investigate as necessary; 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 Buyer. To avoid any confusion, Supplier remains the employer of Supplier Personnel at all times. Further, this Agreement does not create an employment relationship between Buyer and Supplier Personnel; shall provide written confirmation to each Supplier Personnel that Supplier remains the employer of Supplier Personnel, assignment to Buyer does not create an employer/employee relationship, Buyer is not their employer, and they are not entitled to Buyer benefits. Supplier is obligated to provide such notice upon request by Xxxxx; acknowledges that Buyer has no responsibility for reviewing or approving timesheets; however, Buyer may review such timesheets for billing verification purposes only; is responsible for the actions and inactions of Supplier Personnel and compliance by Supplier Personnel with the requirements of this PO; agrees that Xxxxx 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 this PO, for any lawful reason at Buyer’s sole and reasonable discretion.

Supplier. Supplier shall, upon request of Buyer Kyndryl and to the extent permitted by applicable law, provide to Buyer Kyndryl (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 BuyerKyndryl, proof of education for Supplier Personnel; shall instruct its Personnel that employment related issues should be brought forward to Supplier (and not BuyerKyndryl) and shall notify Buyer Kyndryl promptly where such issues relate to actions which are alleged to have been taken by Buyer Kyndryl or its Personnel to enable Buyer Kyndryl to investigate as necessary; 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 BuyerKyndryl; acknowledges that Buyer Kyndryl has no responsibility for reviewing or approving timesheets; however, Buyer Kyndryl may review such timesheets for billing verification purposes only; is responsible for the actions and inactions of Supplier Personnel and compliance by Supplier Personnel with the requirements of this PO; agrees that Xxxxx Xxxxxxx 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 this PO, for any lawful reason at BuyerKyndryl’s sole and reasonable discretion. Kyndryl Assets Supplier shall instruct Supplier Personnel to: use Kyndryl Assets only for purposes of this PO and Supplier will reimburse Kyndryl for any unauthorized use; only connect with, interact with or use programs, tools or routines that Kyndryl agrees are needed to provide services; not copy, disclose or leave Kyndryl Assets unsecured or unattended; promptly notify Kyndryl of any accident or security incidents (such as those involving loss or misuse of, or damage to, Kyndryl Assets (as defined below), and Supplier will provide Kyndryl with a copy of any accident or security incident report involving the above.

Supplier. shall, upon request of Buyer Kyndryl and to the extent permitted by applicable law, provide to Buyer Kyndryl (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 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 BuyerKyndryl, proof of education for Supplier Personnel; shall instruct its Personnel that employment related issues should be brought forward to Supplier (and not BuyerKyndryl) and shall notify Buyer Kyndryl promptly where such issues relate to actions which are alleged to have been taken by Buyer Kyndryl or its Personnel to enable Buyer Kyndryl to investigate as necessary; 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 BuyerKyndryl; acknowledges that Buyer Kyndryl has no responsibility for reviewing or approving timesheets; however, Buyer Kyndryl may review such timesheets for billing verification purposes only; is responsible for the actions and inactions of Supplier Personnel and compliance by Supplier Personnel with the requirements of this POAgreement; agrees that Xxxxx Xxxxxxx retains the right to refuse to accept Supplier Personnel made available by Supplier to perform services Services hereunder and may request the removal of Supplier Personnel from assignment under this POAgreement, for any lawful reason at BuyerKyndryl’s sole and reasonable discretion.. The following provision shall be added to the Subsection entitled “Supplier and supplier Personnel”

Supplier. shall, upon request of Buyer Kyndryl and to the extent permitted by applicable law, provide to Buyer Kyndryl (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 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 BuyerKyndryl, proof of education for Supplier Personnel; shall instruct its Personnel that employment related issues should be brought forward to Supplier (and not BuyerKyndryl) and shall notify Buyer Kyndryl promptly where such issues relate to actions which are alleged to have been taken by Buyer Kyndryl or its Personnel to enable Buyer Kyndryl to investigate as necessary; 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 BuyerKyndryl; acknowledges that Buyer Kyndryl has no responsibility for reviewing or approving timesheets; however, Buyer Kyndryl may review such timesheets for billing verification purposes only; is responsible for the actions and inactions of Supplier Personnel and compliance by Supplier Personnel with the requirements of this POAgreement; agrees that Xxxxx Xxxxxxx retains the right to refuse to accept Supplier Personnel made available by Supplier to perform services Services hereunder and may request the removal of Supplier Personnel from assignment under this POAgreement, for any lawful reason at BuyerKyndryl’s sole and reasonable discretion. Kyndryl Assets: Supplier shall instruct Supplier Personnel to: use Kyndryl Assets only for purposes of this Agreement and Supplier will reimburse Kyndryl for any unauthorized use; only connect with, interact with or use programs, tools or routines that Kyndryl agrees are needed to provide Services; not copy, disclose or leave Kyndryl Assets unsecured or unattended; promptly notify Kyndryl of any accident or security incidents (such as those involving loss or misuse of, or damage to, Kyndryl Assets (as defined below), and Supplier will provide Kyndryl with a copy of any accident or security incident report involving the above.

Supplier. shall, upon request of Buyer and to the extent permitted by applicable law, provide to Buyer (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 Buyer, proof of education for Supplier Personnel; shall instruct its Personnel that employment related issues should be brought forward to Supplier (and not Buyer) and shall notify Buyer promptly where such issues relate to actions which are alleged to have been taken by Buyer or its Personnel to enable Buyer to investigate as necessary; 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 Buyer. To avoid any confusion, Supplier remains the employer of Supplier Personnel at all times. Further, this Agreement does not create an employment relationship between Buyer and Supplier Personnel; shall provide written confirmation to each Supplier Personnel that Supplier remains the employer of Supplier Personnel, assignment to Buyer does not create an employer/employee relationship, Buyer is not their employer, and they are not entitled to Buyer benefits. Supplier is obligated to provide such notice upon request by Xxxxx.; acknowledges that Buyer has no responsibility for reviewing or approving timesheets; however, Buyer may review such timesheets for billing verification purposes only; is responsible for the actions and inactions of Supplier Personnel and compliance by Supplier Personnel with the requirements of this PO; agrees that Xxxxx 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 this PO, for any lawful reason at Buyer’s sole and reasonable discretion. Posted Workers: 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 Buyer and/or to Buyer’s Customer(s), Supplier will, prior to each Posted Worker commencing work in the country they are posted to, inform Xxxxx and provide to Buyer all statutorily required information, as well as evidence of compliance with the above- mentioned legislation. Supplier warrants that the information provided is at all times correct, accurate, and up to date, and Supplier agrees to provide updated information to Buyer immediately at any time upon Xxxxx´s request. Should Supplier’s, or Supplier’s subcontractor’s, breach of this provision cause the Buyer or its personnel to be held liable or to be fined, Supplier shall indemnify the Buyer and its personnel against all claims and/or fines that arise or are alleged to have arisen as a result of such breach. Notwithstanding anything to the contrary in this PO, Xxxxx may terminate this PO immediately for cause in case of a breach of this provision or when Buyer reasonably believes such a breach has occurred or is likely to occur. In addition to this, Xxxxx may request the immediate removal of Posted Workers from assignment under this PO.

Supplier. shall, upon request of Buyer Kyndryl and to the extent permitted by applicable law, provide to Buyer Kyndryl (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 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 BuyerKyndryl, proof of education for Supplier Personnel; shall instruct its Personnel that employment related issues should be brought forward to Supplier (and not BuyerKyndryl) and shall notify Buyer Kyndryl promptly where such issues relate to actions which are alleged to have been taken by Buyer Kyndryl or its Personnel to enable Buyer Kyndryl to investigate as necessary; 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 BuyerKyndryl; acknowledges that Buyer Kyndryl has no responsibility for reviewing or approving timesheets; however, Buyer Kyndryl may review such timesheets for billing verification purposes only; is responsible for the actions and inactions of Supplier Personnel and compliance by Supplier Personnel with the requirements of this PO; agrees that Xxxxx Kyndryl retains the right to refuse to accept Supplier Personnel made available by Supplier to perform services Services hereunder and may request the removal of Supplier Personnel from assignment under this PO, for any lawful reason at BuyerKyndryl’s sole and reasonable discretion.. Kyndryl Assets: Supplier shall instruct Supplier Personnel to: use Kyndryl Assets only for purposes of this PO and Supplier will reimburse Kyndryl for any unauthorized use; only connect with, interact with or use programs, tools or routines that Kyndryl agrees are needed to provide Services;

Supplier. shall, upon request of Buyer and to the extent permitted by applicable law, provide to Buyer (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 Buyer, proof of education for Supplier Personnel; shall instruct its Personnel that employment related issues should be brought forward to Supplier (and not Buyer) and shall notify Buyer promptly where such issues relate to actions which are alleged to have been taken by Buyer or its Personnel to enable Buyer to investigate as necessary; 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 Buyer. To avoid any confusion, Supplier remains the employer of Supplier Personnel at all times. Further, this Agreement does not create an employment relationship between Buyer and Supplier Personnel; shall provide written confirmation to each Supplier Personnel that Supplier remains the employer of Supplier Personnel, assignment to Buyer does not create an employer/employee relationship, Buyer is not their employer, and they are not entitled to Buyer benefits. Supplier is obligated to provide such notice upon request by Xxxxx.; acknowledges that Buyer has no responsibility for reviewing or approving timesheets; however, Buyer may review such timesheets for billing verification purposes only; is responsible for the actions and inactions of Supplier Personnel and compliance by Supplier Personnel with the requirements of this PO; agrees that Xxxxx Buyer 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 this PO, for any lawful reason at BuyerXxxxx’s sole and reasonable discretion. Any saying, suggestion, guidance or instruction given or will be given by Buyer shall be deem guidance only and does not (i) create an employer/employee relationship with the Buyer; and (ii) does not release Supplier fulfilling all of its obligations under this PO. Supplier will promptly notify Buyer on date or intended date of termination of whom of Supplier's Personnel assigned to provide any work to Buyer under this PO. Supplier shall inform Buyer if any Supplier Personnel to be assigned to perform services hereunder are former employees of Xxxxx, which assignment is subject to Buyer’s approval. To the extent permitted by local law, Supplier will obtain from Supplier Personnel photographic proof of identity from an official government source (including but not limited to documentation such as a valid driver’s license or government issued passport or identity card) and upon Buyer request and subject to applicable law, Supplier will provide documentation to Buyer to verify its compliance with such.

Supplier. Supplier shall, upon request of Buyer IBM and to the extent permitted by applicable law, provide to Buyer IBM (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 BuyerIBM, proof of education for Supplier Personnel; shall instruct its Personnel that employment related issues should be brought forward to Supplier (and not BuyerIBM) and shall notify Buyer IBM promptly where such issues relate to actions which are alleged to have been taken by Buyer IBM or its Personnel to enable Buyer IBM to investigate as necessary; 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 BuyerIBM; acknowledges that Buyer IBM has no responsibility for reviewing or approving timesheets; however, Buyer IBM may review such timesheets for billing verification purposes only; is responsible for the actions and inactions of Supplier Personnel and compliance by Supplier Personnel with the requirements of this PO; agrees that Xxxxx IBM 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 this PO, for any lawful reason at BuyerIBM’s sole and reasonable discretion.

Supplier. shall, upon request of Buyer and to the extent permitted by applicable law, provide to Buyer (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 Buyer, proof of education for Supplier Personnel; shall instruct its Personnel that employment related issues should be brought forward to Supplier (and not Buyer) and shall notify Buyer promptly where such issues relate to actions which are alleged to have been taken by Buyer or its Personnel to enable Buyer to investigate as necessary; 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 Buyer. To avoid any confusion, Supplier remains the employer of Supplier Personnel at all times. Further, this Agreement does not create an employment relationship between Buyer and Supplier Personnel; shall provide written confirmation to each Supplier Personnel that Supplier remains the employer of Supplier Personnel, assignment to Buyer does not create an employer/employee relationship, Buyer is not their employer, and they are not entitled to Buyer benefits. Supplier is obligated to provide such notice upon request by Xxxxx.; acknowledges that Buyer has no responsibility for reviewing or approving timesheets; however, Buyer may review such timesheets for billing verification purposes only; is responsible for the actions and inactions of Supplier Personnel and compliance by Supplier Personnel with the requirements of this PO; agrees that Xxxxx 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 this PO, for any lawful reason at Buyer’s sole and reasonable discretion.. Buyer Assets: Supplier shall instruct Supplier Personnel to: use Buyer Assets only for purposes of this PO and Supplier will reimburse Buyer for any unauthorized use; only connect with, interact with or use programs, tools or routines that Buyer agrees are needed to provide services;

Supplier. shall, upon request of Buyer IBM and to the extent permitted by applicable law, provide to Buyer IBM (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 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 BuyerIBM, proof of education for Supplier Personnel; shall instruct its Personnel that employment related issues should be brought forward to Supplier (and not BuyerIBM) and shall notify Buyer IBM promptly where such issues relate to actions which are alleged to have been taken by Buyer IBM or its Personnel to enable Buyer IBM to investigate as necessary; 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 BuyerIBM; acknowledges that Buyer IBM has no responsibility for reviewing or approving timesheets; however, Buyer IBM may review such timesheets for billing verification purposes only; is responsible for the actions and inactions of Supplier Personnel and compliance by Supplier Personnel with the requirements of this POAgreement; agrees that Xxxxx IBM retains the right to refuse to accept Supplier Personnel made available by Supplier to perform services Services hereunder and may request the removal of Supplier Personnel from assignment under this POAgreement, for any lawful reason at BuyerIBM’s sole and reasonable discretion.. The following provision shall be added to the Subsection entitled “Supplier and supplier Personnel”

Supplier. shall, upon request of Buyer Kyndryl and to the extent permitted by applicable law, provide to Buyer Kyndryl (I) for export evaluation purposes, the country of citizenship and permanent residence and immigration status tatus of its Personnel, (II) written confirmation (i) that Supplier Personnel are eligible to work in the country where the services 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 BuyerKyndryl, proof of education for Supplier Personnel; shall instruct its Personnel that employment related issues should be brought forward to Supplier (and not BuyerKyndryl) and shall notify Buyer Kyndryl promptly where such issues relate to actions which are alleged to have been taken by Buyer Kyndryl or its Personnel to enable Buyer Kyndryl to investigate as necessary; 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 BuyerKyndryl; acknowledges that Buyer Kyndryl has no responsibility for reviewing or approving timesheets; however, Buyer Kyndryl may review such timesheets for billing verification purposes only; is responsible for the actions and inactions of Supplier Personnel and compliance by Supplier Personnel with the requirements of this POAgreement; agrees that Xxxxx Kyndryl retains the right to refuse to accept Supplier Personnel made available by Supplier to perform services Services hereunder and may request the removal of Supplier Personnel from assignment under this POAgreement, for any lawful reason at BuyerKyndryl’s sole and reasonable discretion. Kyndryl Assets Supplier shall instruct Supplier Personnel to: use Kyndryl Assets only for purposes of this Agreement and Supplier will reimburse Kyndryl for any unauthorized use; only connect with, interact with or use programs, tools or routines that Kyndryl agrees are needed to provide Services; not copy, disclose or leave Kyndryl Assets unsecured or unattended; promptly notify Kyndryl of any accident or security incidents (such as those involving loss or misuse of, or damage to, Kyndryl Assets (as defined below), and Supplier will provide Kyndryl with a copy of any accident or security incident report involving the above.

Supplier. shall, upon request of Buyer IBM and to the extent permitted by applicable law, provide to Buyer IBM (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 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 BuyerIBM, proof of education for Supplier Personnel; shall instruct its Personnel that employment related issues should be brought forward to Supplier (and not BuyerIBM) and shall notify Buyer IBM promptly where such issues relate to actions which are alleged to have been taken by Buyer IBM or its Personnel to enable Buyer IBM to investigate as necessary; 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 BuyerIBM; acknowledges that Buyer IBM has no responsibility for reviewing or approving timesheets; however, Buyer IBM may review such timesheets for billing verification purposes only; is responsible for the actions and inactions of Supplier Personnel and compliance by Supplier Personnel with the requirements of this POAgreement; agrees that Xxxxx IBM retains the right to refuse to accept Supplier Personnel made available by Supplier to perform services Services hereunder and may request the removal of Supplier Personnel from assignment under this POAgreement, for any lawful reason at BuyerIBM’s sole and reasonable discretion. IBM Assets Supplier shall instruct Supplier Personnel to: use IBM Assets only for purposes of this Agreement and Supplier will reimburse IBM for any unauthorized use; only connect with, interact with or use programs, tools or routines that IBM agrees are needed to provide Services; not copy, disclose or leave IBM Assets unsecured or unattended; promptly notify IBM of any accident or security incidents (such as those involving loss or misuse of, or damage to, IBM Assets (as defined below), and Supplier will provide IBM with a copy of any accident or security incident report involving the above.