Common use of Supplier’s Personnel Clause in Contracts

Supplier’s Personnel. 6.1 The Supplier shall employ sufficient persons to ensure that the Services are provided at all times and in all respects in accordance with this Agreement. 6.2 The Supplier's personnel employed in and about the provision of the Services shall be properly and sufficiently qualified, competent, skilled, honest, and experienced and shall at all times exercise due care in the execution of their duties. The Supplier shall ensure that such persons are properly and sufficiently instructed and supervised with regard to the provision of the Services and in particular: 6.2.1 the task or tasks such person has to perform, 6.2.2 all relevant provisions hereof, 6.2.3 all relevant policies, rules, procedures and standards of the Company, and 6.2.4 all relevant rules, procedures and statutory requirements concerning health and safety, including the Company's health and safety policy which shall be provided to the Supplier and if not so provided shall be requested by it. 6.3 The Company’s Representative shall, upon giving notice in writing, have the power to require the Supplier to remove from the provision of the Services any personnel of the Supplier specified in such notice including the Supplier’s Representative. The Supplier shall forthwith remove such personnel from the provision of the Services and shall unless the Company determines otherwise immediately provide a replacement who shall be satisfactory to the Company. 6.4 The Company shall in no circumstances be liable either to the Supplier or to such personnel in respect of any cost, expense, liability loss, or damage occasioned by such removal and the Supplier shall fully indemnify the Company in respect of any claim made by such personnel. 6.5 The Supplier shall provide and shall ensure that its personnel at all times when engaged in the provision of the Services at any premises owned, occupied or controlled by the Company wear such identification (including photographic identification) as may be specified by the Company, and shall ensure that when requested to do so any personnel of the Supplier shall disclose his identity and status as personnel of the Supplier and shall not attempt to avoid so doing. 6.6 Where Company rules and regulations or the nature or the location of any duties upon which the Supplier's personnel shall be engaged in the provision of the Services make the wearing of any special or protective clothing headwear or footwear necessary or appropriate, the Supplier shall provide and shall require its personnel to wear such clothing headwear or footwear. Such special or protective clothing headwear or footwear shall be maintained and replaced as necessary by the Supplier. 6.7 The Supplier shall notify the Company’s Representative immediately upon becoming aware of any possible conflict of interest which may arise between the interests of the Company and any other client of the Supplier and the Supplier shall take all reasonable steps to remove or avoid the cause of any such conflict of interest to the satisfaction of the Company’s Representative.

Appears in 9 contracts

Samples: Services Agreement, Service Agreement, Service Agreement

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Supplier’s Personnel. 6.1 10.1 The Supplier shall select, employ, train, furnish and deploy in and about the performance of the Services only such persons as are of good character and who are appropriately skilled and experienced. 10.2 The Supplier shall comply with any statutory requirements in relation to the recruitment of ex- offenders and disclosures under the Police Xxx 0000. The Supplier shall ensure that all employees, servants or agents engaged by him in the discharge of his obligations under this Agreement who may be required to work within school premises, or other sites occupied by children and/or vulnerable adults shall be appropriately checked by the Criminal Records Bureau and shall upon reasonable request produce evidence of such satisfactory disclosure. 10.3 The Supplier and the Supplier’s sub-contractors, staff and agents shall comply with all reasonable requirements of the Customer whilst present at the Customer’s premises. 10.4 The Supplier shall use reasonable endeavours to ensure that its sub-contractors are subject to the provisions of conditions 10.1, 10.2 and 10.3 above. 10.5 The Supplier, its agents, sub-contractors and suppliers shall employ sufficient persons staff to ensure that the Services are provided at all times and in all respects in accordance with this Agreement. 6.2 The Supplier's personnel employed in and about . Without prejudice to the provision generality of the Services this obligation, it shall be properly and sufficiently qualified, competent, skilled, honest, and experienced and shall at all times exercise due care in the execution duty of their duties. The Supplier shall ensure that such persons are properly and sufficiently instructed and supervised with regard to the provision of the Services and in particular: 6.2.1 the task or tasks such person has to perform, 6.2.2 all relevant provisions hereof, 6.2.3 all relevant policies, rules, procedures and standards of the Company, and 6.2.4 all relevant rules, procedures and statutory requirements concerning health and safety, including the Company's health and safety policy which shall be provided to the Supplier and if not so provided shall be requested by it. 6.3 The Company’s Representative shall, upon giving notice in writing, have the power to require the Supplier to remove from ensure that a sufficient reserve of staff is available to provide the provision Services in accordance with this Agreement during staff holidays or absence through sickness or any other cause. 10.6 The Customer, acting reasonably, shall have the right to refuse access to it’s premises at any time to any employee of the Services any personnel Supplier, its agents, sub-contractors or suppliers. The exercise of the Supplier specified in such notice including this right shall not diminish the Supplier’s Representative. The Supplier shall forthwith remove such personnel from the provision obligation of the Services and shall unless the Company determines otherwise immediately provide a replacement who shall be satisfactory to the Companyperformance arising under this Agreement. 6.4 The Company shall in no circumstances be liable either to the Supplier or to such personnel in respect of any cost, expense, liability loss, or damage occasioned by such removal and the Supplier shall fully indemnify the Company in respect of any claim made by such personnel. 6.5 The Supplier shall provide and shall ensure that its personnel at all times when engaged in the provision of the Services at any premises owned, occupied or controlled by the Company wear such identification (including photographic identification) as may be specified by the Company, and shall ensure that when requested to do so any personnel of the Supplier shall disclose his identity and status as personnel of the Supplier and shall not attempt to avoid so doing. 6.6 Where Company rules and regulations or the nature or the location of any duties upon which the Supplier's personnel shall be engaged in the provision of the Services make the wearing of any special or protective clothing headwear or footwear necessary or appropriate, the Supplier shall provide and shall require its personnel to wear such clothing headwear or footwear. Such special or protective clothing headwear or footwear shall be maintained and replaced as necessary by the Supplier. 6.7 The Supplier shall notify the Company’s Representative immediately upon becoming aware of any possible conflict of interest which may arise between the interests of the Company and any other client of the Supplier and the Supplier shall take all reasonable steps to remove or avoid the cause of any such conflict of interest to the satisfaction of the Company’s Representative.

Appears in 3 contracts

Samples: Managed Services Agreement, Managed Services Agreement, Managed Services Agreement

Supplier’s Personnel. 6.1 8.1 The Supplier shall employ sufficient persons to ensure warrants that the Services are provided at all times and in all respects in accordance with this Agreement. 6.2 The Supplier's personnel employed in and about the provision of the Services shall be properly and sufficiently qualified, competent, skilled, honest, and experienced and shall at all times exercise due care in the execution of their dutiesits employees behave irreproachably. The Supplier shall at FMO’s first request provide a certificate of conduct for its staff involved in the performance of the Agreement. 8.2 The Supplier’s personnel involved in the performance of the Agreement shall have the skills necessary for the performance of the Agreement. 8.3 In the event that the Supplier performs the Services at the offices of FMO, the Supplier shall, before it commences performance of the Services, confirm to FMO who will perform the Services. Upon FMO’s request, such staff must identified by a valid identity document. 8.4 The Supplier has the obligation to verify the identity documents of its staff, to check these documents on authenticity and validity. 8.5 The Supplier shall ensure that such persons that, for the performance of the Agreement, it will only use personnel who are properly authorised to work and sufficiently instructed and supervised with regard for this purpose have a work permit. In the event that, contrary to the provision aforementioned, personnel is used who are not authorised to work and/or have no work permit, FMO is entitled to claim a fixed and non-negotiable penalty from the Supplier that is immediately due and payable. This penalty shall be an amount of EUR 10.000 per breach and EUR 2.500 for each day that the Services and in particular: 6.2.1 the task or tasks such person has breach continues, without prejudice to perform, 6.2.2 all relevant provisions hereof, 6.2.3 all relevant policies, rules, procedures and standards of the Company, and 6.2.4 all relevant rules, procedures and statutory requirements concerning health and safetyany other rights that FMO may have, including the Company's health and safety policy which shall be provided right to claim the Supplier and if not so provided shall be requested by itactual damages incurred. 6.3 8.6 The Company’s Representative shallSupplier shall indemnify FMO against all claims, upon giving notice in writingincluding but not limited to fines and legal costs, have the power to require the Supplier to remove from the provision of labour inspectorate or supervisor in connection with compliance with the Services any personnel of Foreign Nationals Employment Act and/or the Supplier specified in such notice including the Supplier’s RepresentativeAliens Act. The Supplier shall forthwith remove will compensate FMO for all damage suffered by FMO as a result of such personnel from claims. 8.7 FMO may subject any employee engaged by the provision Supplier for performance of the Services and shall unless Agreement to an approval procedure prior to granting an assignment to the Company determines otherwise immediately provide a replacement who Supplier. Acceptance shall be satisfactory by signing the document setting out the assignment concerned. This document may include the ‘External Employees Registration Form’. If requested by FMO, acceptance may require submission of the CV's of the persons involved. FMO may assess the suitability of the persons appointed by the Supplier for performance of the projected activities by means of interviews. 8.8 If during the term of the Agreement an employee engaged by the Supplier does not perform satisfactorily and/or not according to the Company. 6.4 The Company shall in no circumstances be liable either to expectations of FMO, FMO may require replacement of that employee. If the Supplier or is unable to such personnel in respect offer another employee acceptable to FMO within a period of any costfive (5) working days, expense, liability loss, or damage occasioned thus justifying the fear that the performance agreed on shall not be executed by such removal and the Supplier shall fully indemnify within the Company in respect of set period, FMO may immediately terminate the assignment without any claim made by such personnel. 6.5 The Supplier shall provide and shall ensure that its personnel at all times when engaged in the provision of the Services at any premises owned, occupied or controlled by the Company wear such identification (including photographic identification) as may be specified by the Company, and shall ensure that when requested right to do so any personnel of the Supplier shall disclose his identity and status as personnel of the Supplier and shall not attempt damages accruing to avoid so doing. 6.6 Where Company rules and regulations or the nature or the location of any duties upon which the Supplier's personnel shall be engaged in the provision of the Services make the wearing of any special or protective clothing headwear or footwear necessary or appropriate, the Supplier shall provide and shall require its personnel to wear such clothing headwear or footwear. Such special or protective clothing headwear or footwear shall be maintained and replaced as necessary by the Supplier. 6.7 8.9 The Supplier shall notify impose on its employees the Company’s Representative immediately upon becoming aware of any possible conflict of interest which may arise between same obligations that the interests Supplier has under this Agreement. The Supplier warrants that the selection of the Company and any other client of employees charged with delivering the Services is carried out with great care. 8.10 If an employee engaged by the Supplier falls ill and the Supplier shall take all reasonable steps illness is expected to remove or avoid the cause of any such conflict of interest to the satisfaction of the Company’s Representative.continue for more than ten

Appears in 2 contracts

Samples: Framework Agreement, Framework Agreement

Supplier’s Personnel. 6.1 (a) The Supplier shall employ sufficient persons must ensure that all of its Personnel engaged or employed by the Supplier in carrying out the Supplier's Activities: (i) are aware of, and comply with, the Supplier's obligations under this Agreement as if they were the Supplier; (ii) prior to carrying out any part of the Supplier's Activities, are properly trained and qualified and have the requisite competencies, skills, qualifications and experience to: A. perform the duties allocated to them; and B. understand the Supplier's obligations under this Agreement, including with respect to privacy, security, confidentiality and safety; and (iii) are provided with regular training to ensure that the Services Supplier's Personnel's skills and qualifications are maintained in accordance with all applicable Best Industry Practice. (b) On the Customer's request or as part of any audit conducted pursuant to clause 37.2, the Supplier must promptly provide the Customer or its nominee with evidence that the obligations under this clause 11.3 have been complied with (including with respect to the training of the Supplier's Personnel). (c) The Supplier must ensure that all of its Personnel, when on the Customer’s premises or when accessing Customer Data or the Customer's systems, equipment or facilities, comply with the reasonable requirements and directions of the Customer (including with regard to the Customer's safety and security requirements). (d) The Supplier must ensure that its Personnel when entering any Site comply with any conditions of entry or other Site specific requirements as specified in the Order Documents or notified by the Customer to the Supplier from time to time. (e) The Customer may, acting reasonably and in its discretion, give notice in writing requiring the Supplier to remove any of its Personnel (including Nominated Personnel) from work in respect of this Agreement, together with its reasons for removal. The Supplier must promptly arrange for the removal of such Personnel and their replacement with Supplier Personnel reasonably acceptable to the Customer. (f) The Supplier must ensure that it (and where appropriate, its outgoing Personnel) effects a process that: (i) minimises any adverse impact on, or delay in, the performance of the Supplier's Activities; and (ii) effects a smooth transition between the outgoing and replacement Personnel, including by identifying and recording: A. any processes and systems in place (or proposed) to manage the provision of the Supplier's Activities; and B. the detail of any outstanding issues in relation to the Supplier's Activities, for which any of the outgoing Supplier's Personnel were responsible. (g) The process for transition to the replacement Personnel by the Supplier must be performed as expeditiously as possible with regard to the Supplier's Activities, the Dates for Delivery and other timeframes under this Agreement, and to the reasonable satisfaction of the Customer. (h) The Supplier will be solely responsible, at its sole cost, for compliance with clause 11.2, including finding and replacing Supplier's Personnel in accordance with clause 11.3(e). (i) The Supplier must properly manage its Personnel resourcing (including any planned absences) to maintain a sufficient level of Personnel engaged or employed in the provision of the Supplier's Activities (both in terms of quality and quantity of such Personnel) to ensure that all relevant roles are, and continue to be, adequately resourced and that the Supplier's Activities are provided at all times and in all respects in accordance with this Agreement. 6.2 The Supplier's personnel employed in and about the provision of the Services shall be properly and sufficiently qualified, competent, skilled, honest, and experienced and shall at all times exercise due care in the execution of their duties. The Supplier shall ensure that such persons are properly and sufficiently instructed and supervised with regard to the provision of the Services and in particular: 6.2.1 the task or tasks such person has to perform, 6.2.2 all relevant provisions hereof, 6.2.3 all relevant policies, rules, procedures and standards of the Company, and 6.2.4 all relevant rules, procedures and statutory requirements concerning health and safety, including the Company's health and safety policy which shall be provided to the Supplier and if not so provided shall be requested by it. 6.3 The Company’s Representative shall, upon giving notice in writing, have the power to require the Supplier to remove from the provision of the Services any personnel of the Supplier specified in such notice including the Supplier’s Representative. The Supplier shall forthwith remove such personnel from the provision of the Services and shall unless the Company determines otherwise immediately provide a replacement who shall be satisfactory to the Company. 6.4 The Company shall in no circumstances be liable either to the Supplier or to such personnel in respect of any cost, expense, liability loss, or damage occasioned by such removal and the Supplier shall fully indemnify the Company in respect of any claim made by such personnel. 6.5 The Supplier shall provide and shall ensure that its personnel at all times when engaged in the provision of the Services at any premises owned, occupied or controlled by the Company wear such identification (including photographic identification) as may be specified by the Company, and shall ensure that when requested to do so any personnel of the Supplier shall disclose his identity and status as personnel of the Supplier and shall not attempt to avoid so doing. 6.6 Where Company rules and regulations or the nature or the location of any duties upon which the Supplier's personnel shall be engaged in the provision of the Services make the wearing of any special or protective clothing headwear or footwear necessary or appropriate, the Supplier shall provide and shall require its personnel to wear such clothing headwear or footwear. Such special or protective clothing headwear or footwear shall be maintained and replaced as necessary by the Supplier. 6.7 The Supplier shall notify the Company’s Representative immediately upon becoming aware of any possible conflict of interest which may arise between the interests of the Company and any other client of the Supplier and the Supplier shall take all reasonable steps to remove or avoid the cause of any such conflict of interest to the satisfaction of the Company’s Representative.

Appears in 2 contracts

Samples: Ict Agreement, Ict Agreement (Icta)

Supplier’s Personnel. 6.1 The Supplier shall employ sufficient persons to ensure that the Services are provided at all times and in all respects in accordance with this Agreement. 6.2 The Supplier's personnel employed in and about the provision of the Services shall be properly and sufficiently qualified, competent, skilled, honest, and experienced and shall at all times exercise due care in the execution of their duties3.1. The Supplier shall ensure that such persons are properly and sufficiently instructed and supervised with regard to make available for the provision purposes of the Services and in particular: 6.2.1 the task or tasks such person has to perform, 6.2.2 all relevant provisions hereof, 6.2.3 all relevant policies, rules, procedures and standards of the Company, and 6.2.4 all relevant rules, procedures and statutory requirements concerning health and safety, including the Company's health and safety policy which shall be provided to the Supplier and if not so provided shall be requested by it. 6.3 The Company’s Representative shall, upon giving notice in writing, have the power to require the Supplier to remove from the provision of the Services Project any individuals named as key personnel of the Supplier specified in such notice including the Supplier’s Representative(‘Key Personnel’). The Supplier shall forthwith remove such personnel from provide the provision Authority with a list of the Services names and shall unless addresses of all others regarded by the Company determines otherwise immediately provide a replacement Supplier as key personnel and, if and when instructed by the Authority, all other persons who shall be satisfactory to may at any time concerned with the Company. 6.4 Project or any part of it, specifying in each case the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Authority may reasonably require. The Company shall in no circumstances be liable either Authority may at any time by notice to the Supplier designate any person concerned with the Project or any part of it as a key person. The Consultant shall not without the prior written approval of the Client make any changes in the Key Personnel referred to such personnel in respect this paragraph (other than in relation to appointment of any cost, expense, liability loss, or damage occasioned by such removal and the Supplier shall fully indemnify the Company a Substitute in respect of any claim made by such personnelaccordance with Condition 3.5). 6.5 3.2. The Supplier shall provide and shall ensure take the steps reasonably required by the Authority, to prevent unauthorised persons being admitted to the Premises. If the Authority gives the Supplier notice that its personnel at all times when engaged any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the provision of the Services at any premises ownedProject, occupied or controlled by the Company wear such identification (including photographic identification) as may be specified by the Company, and shall ensure that when requested to do so any personnel of the Supplier shall disclose his identity and status as personnel of the Supplier and shall not attempt to avoid so doing. 6.6 Where Company rules and regulations or the nature or the location of any duties upon which the Supplier's personnel shall be engaged in the provision of the Services make the wearing of any special or protective clothing headwear or footwear necessary or appropriate, the Supplier shall provide and shall require its personnel to wear such clothing headwear or footwear. Such special or protective clothing headwear or footwear shall be maintained and replaced as necessary by the Supplier. 6.7 The Supplier shall notify the Company’s Representative immediately upon becoming aware of any possible conflict of interest which may arise between the interests of the Company and any other client of the Supplier and the Supplier shall take all reasonable steps to remove comply with such notice 3.3. The decision of the Authority as to whether any person is to be admitted to or avoid is to be removed from the cause Premises or is not to become involved in or is to be removed from involvement in the Project or as to the designation or approval of key personnel and as to whether the Supplier has furnished the information or taken the steps required of him by this Condition shall be final and conclusive. 3.4. The Supplier shall bear the cost of any such conflict of interest to the satisfaction notice, instruction or decision of the Company’s RepresentativeAuthority under this Condition. 3.5. The Authority confirms that the Supplier may provide a suitably qualified and skilled Substitute in respect of the performance of the Services, with the prior written consent of the Authority, such consent not to be unreasonably withheld. The Supplier shall ensure that the Substitute fully understands the requirements of and the progress made in the Project. The Substitute shall be required to enter into direct undertakings with the Authority, including with regard to confidentiality. If the Authority accepts the Substitute, the Supplier shall continue to invoice the Authority, and the Supplier shall be responsible for remuneration of the Substitute.

Appears in 2 contracts

Samples: Consultancy Services Contract, Consultancy Services Contract

Supplier’s Personnel. 6.1 The Supplier shall employ sufficient persons to ensure that the Services are provided at all times and in all respects in accordance with this Agreement. 6.2 The Supplier's personnel employed in and about the provision of the Services shall be properly and sufficiently qualified, competent, skilled, honest, and experienced and shall at all times exercise due care in the execution of their duties3.1. The Supplier shall ensure that such persons are properly and sufficiently instructed and supervised with regard to make available for the provision purposes of the Services and in particular: 6.2.1 the task or tasks such person has to perform, 6.2.2 all relevant provisions hereof, 6.2.3 all relevant policies, rules, procedures and standards of the Company, and 6.2.4 all relevant rules, procedures and statutory requirements concerning health and safety, including the Company's health and safety policy which shall be provided to the Supplier and if not so provided shall be requested by it. 6.3 The Company’s Representative shall, upon giving notice in writing, have the power to require the Supplier to remove from the provision of the Services Project any individuals named as key personnel of the Supplier specified in such notice including the Supplier’s Representative(‘Key Personnel’). The Supplier shall forthwith remove such personnel from provide the provision Authority with a list of the Services names and shall unless addresses of all others regarded by the Company determines otherwise immediately provide a replacement Supplier as key personnel and, if and when instructed by the Authority, all other persons who shall be satisfactory to may at any time concerned with the Company. 6.4 Project or any part of it, specifying in each case the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Authority may reasonably require. The Company shall in no circumstances be liable either Authority may at any time by notice to the Supplier designate any person concerned with the Project or any part of it as a key person. Any changes to such personnel the Key Personnel referred to in respect of any cost, expense, liability loss, or damage occasioned by such removal and this paragraph shall follow the Supplier shall fully indemnify the Company procedure as detailed in respect of any claim made by such personnelCondition 3.5. 6.5 3.2. The Supplier shall provide and shall ensure take the steps reasonably required by the Authority, to prevent unauthorised persons being admitted to the Premises. If the Authority gives the Supplier notice that its personnel at all times when engaged any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the provision of the Services at any premises ownedProject, occupied or controlled by the Company wear such identification (including photographic identification) as may be specified by the Company, and shall ensure that when requested to do so any personnel of the Supplier shall disclose his identity and status as personnel of the Supplier and shall not attempt to avoid so doing. 6.6 Where Company rules and regulations or the nature or the location of any duties upon which the Supplier's personnel shall be engaged in the provision of the Services make the wearing of any special or protective clothing headwear or footwear necessary or appropriate, the Supplier shall provide and shall require its personnel to wear such clothing headwear or footwear. Such special or protective clothing headwear or footwear shall be maintained and replaced as necessary by the Supplier. 6.7 The Supplier shall notify the Company’s Representative immediately upon becoming aware of any possible conflict of interest which may arise between the interests of the Company and any other client of the Supplier and the Supplier shall take all reasonable steps to remove comply with such notice 3.3. The decision of the Authority as to whether any person is to be admitted to or avoid is to be removed from the cause Premises or is not to become involved in or is to be removed from involvement in the Project or as to the designation or approval of key personnel and as to whether the Supplier has furnished the information or taken the steps required of him by this Condition shall be final and conclusive. 3.4. The Supplier shall bear the cost of any such conflict of interest to the satisfaction notice, instruction or decision of the Company’s RepresentativeAuthority under this Condition. 3.5. The Authority confirms that the Supplier may provide a suitably qualified and skilled Substitute in respect of the performance of the Services, with the prior written consent of the Authority, such consent not to be unreasonably withheld. The Supplier shall ensure that the Substitute fully understands the requirements of and the progress made in the Project. The Substitute shall be required to enter into direct undertakings with the Authority, including with regard to confidentiality. If the Authority accepts the Substitute, the Supplier shall continue to invoice the Authority, and the Supplier shall be responsible for remuneration of the Substitute.

Appears in 2 contracts

Samples: Consultancy Services Contract, Consultancy Services Contract

Supplier’s Personnel. 6.1 The S3.1 If and when requested by the Authority, the Supplier shall employ sufficient persons to ensure that provide the Services are provided Authority with a list of the names of all the Supplier’s Personnel who may at all times and in all respects in accordance any time be concerned with this Agreement. 6.2 The Supplier's personnel employed in and about the provision of the Services shall or any part of it, specifying in each case the capacities in which they are so concerned and giving such other particulars and evidence of identity, qualifications, experience and other supporting evidence as the Authority may reasonably require. S3.2 Where the Authority reasonably requires by notice to the Supplier that any of the Supplier’s Personnel is not to become involved in or is to be properly and sufficiently qualified, competent, skilled, honest, and experienced and shall at all times exercise due care removed from involvement in the execution of their dutiesServices, the Supplier shall immediately comply with such request. The Supplier shall ensure that such persons are properly and sufficiently instructed and supervised with regard to the provision of the Services and in particular: 6.2.1 the task or tasks replace any such person has with someone with equivalent experience, qualifications, training and security clearance. The Authority reserves the right to perform, 6.2.2 all relevant provisions hereof, 6.2.3 all relevant policies, rules, procedures and standards reject any of the Company, and 6.2.4 all relevant rules, procedures and statutory requirements concerning health and safety, including the Company's health and safety policy which shall be provided to the Supplier and if not so provided shall be requested by it. 6.3 The Company’s Representative shall, upon giving notice in writing, have the power to require the Supplier to remove from the provision of the Services any personnel of the Supplier specified in such notice including the Supplier’s RepresentativePersonnel without giving any reason or explanation. S3.3 The Authority also reserves the right to remove the right of contract participation from any of the Supplier’s Personnel at any time during the lifetime of the Agreement, without giving any reason or explanation. The Supplier Authority shall forthwith remove such personnel from the provision of the Services and shall unless the Company determines otherwise immediately provide a replacement who shall be satisfactory to the Company. 6.4 The Company shall not in no any circumstances be liable either to any such person or member of staff or the Supplier or in relation to such personnel in respect of any cost, expense, liability loss, or damage occasioned by such removal and the Supplier shall fully and promptly indemnify the Company Authority in respect of any claim made claims brought by any such personnelperson or member of staff arising from it. 6.5 S3.4 The Supplier shall provide Supplier’s Personnel shall: S3.4.1 take instructions and shall ensure that all directions and, where appropriate, receive the Authority’s decisions only through the Authority’s Contract Manager; S3.4.2 act in accordance with all reasonable instructions and directions from the Authority’s Contract Manager in carrying out the Services; S3.4.3 keep the Authority’s Contract Manager advised on all matters materially related to its personnel at all times when engaged in the provision performance of the Services at any premises owned, occupied or controlled by the Company wear such identification (including photographic identification) as may be according to reporting formats specified by the Company, and shall ensure that when requested to do so any personnel of the Supplier shall disclose his identity and status as personnel of the Supplier and shall not attempt to avoid so doing.Authority; 6.6 Where Company rules and regulations or the nature or the location of any duties upon which the Supplier's personnel shall be engaged in the provision of the Services make the wearing of any special or protective clothing headwear or footwear necessary or appropriate, the Supplier shall provide and shall require its personnel to wear such clothing headwear or footwear. Such special or protective clothing headwear or footwear shall be maintained and replaced as necessary by the Supplier. 6.7 The Supplier shall notify the Company’s Representative immediately upon becoming aware of any possible conflict of interest which may arise between the interests of the Company and any other client of the Supplier and the Supplier shall take S3.4.4 answer all reasonable steps to remove or avoid enquiries received from the cause of any such conflict of interest to the satisfaction of the CompanyAuthority’s RepresentativeContract Manager; and S3.

Appears in 1 contract

Samples: Conditions for Services

Supplier’s Personnel. 6.1 ‌ a. The Supplier shall must: i. engage all personnel necessary for the supply of the Goods and Services; and ii. employ sufficient persons or cause to ensure be employed only personnel that are diligent, skilled and experienced to the Services are provided at all times degree ordinarily expected of personnel engaged in the supply of goods and in all respects / or services similar to the Goods and Services, acting in accordance with this AgreementGood Industry Practice. 6.2 b. No Supplier’s Personnel may commence work on Site unless they have attended, at the Supplier’s expense, BCI’s induction courses, including Site induction. c. The Supplier must, if requested by BCI, ensure that any Supplier Personnel that, in BCI’s reasonable opinion: i. has engaged in illegal, fraudulent or negligent conduct; ii. has performed the Supplier's personnel employed ’s Obligations whilst under the influence of alcohol or illegally obtained drugs; iii. does not satisfy, or has not acted in and about a manner which satisfies, the provision standards required by clause 14b; or iv. is otherwise a risk to the safety of any person, property or the environment, has no further involvement in the performance of the Services shall be properly Supplier’s Obligations without BCI’s prior written consent and sufficiently qualified, competent, skilled, honest, and experienced and shall at all times exercise due care in will promptly remove such Supplier Personnel from the execution of their duties. The Supplier shall ensure that such persons are properly and sufficiently instructed and supervised with regard to the provision of the Services and in particular:Site. 6.2.1 the task or tasks such person has to perform, 6.2.2 all relevant provisions hereof, 6.2.3 all relevant policies, rules, procedures and standards of the Company, and 6.2.4 all relevant rules, procedures and statutory requirements concerning health and safety, including the Company's health and safety policy which shall be provided d. BCI is not liable to the Supplier and if not so provided shall be requested by it. 6.3 The Company’s Representative shall, upon giving notice in writing, have the power to require the Supplier to remove for any loss or claim arising from the provision removal of any Supplier Personnel from the Services any personnel performance of the Supplier specified in such notice including the Supplier’s Representative. The Supplier shall forthwith remove such personnel from Obligations or the provision of the Services Site under clause 4, and shall unless the Company determines otherwise immediately provide a replacement who shall be satisfactory to the Company.extent permitted by Law, the Supplier: 6.4 The Company shall in no circumstances be liable either to the Supplier or to such personnel i. waives all rights of recourse against BCI in respect of any costof; and ii. indemnifies BCI from and against, expense, liability loss, or damage occasioned by such removal and the Supplier shall fully indemnify the Company in respect of any claim made by such personnel. 6.5 The Supplier shall provide and shall ensure that its personnel at all times when engaged in the provision of the Services at any premises owned, occupied or controlled by the Company wear such identification (including photographic identification) as may be specified by the Company, and shall ensure that when requested to do so any personnel of the Supplier shall disclose his identity and status as personnel of the Supplier and shall not attempt to avoid so doing. 6.6 Where Company rules and regulations or the nature or the location of any duties upon which the Supplier's personnel shall be engaged in the provision of the Services make the wearing of any special or protective clothing headwear or footwear necessary or appropriate, the Supplier shall provide and shall require its personnel to wear such clothing headwear or footwear. Such special or protective clothing headwear or footwear shall be maintained and replaced as necessary by the Supplier. 6.7 The Supplier shall notify the Company’s Representative immediately upon becoming aware of any possible conflict of interest which may arise between the interests of the Company and any other client of the Supplier and the Supplier shall take all reasonable steps to remove or avoid the cause of any such conflict of interest to the satisfaction of the Company’s Representativeloss or claim.

Appears in 1 contract

Samples: Contract

Supplier’s Personnel. 6.1 The Supplier Personnel shall employ sufficient persons be approved in advance and in writing by MWC and shall comply with the qualification requirements set forth under the Contract Documents (as applicable) and requirements of all Laws and Regulations and any Relevant Authority. Substitutions of any of the Supplier’s Personnel shall be subject to ensure approval of MWC or made at its requirement. In the event MWC determines the Supplier successfully demonstrates that (i) the proposed substitute complies with the applicable requirements of the Contract Documents and all Laws and Regulations and Relevant Authorities; and (ii) the proposed substitute qualifications are equivalent or superior to the qualifications of the approved Supplier’s Personnel (to the extent such were determined with regard to the respective person), MWC will not unreasonably reject the replacement (whether initiated by the Supplier or by MWC). It is hereby explicitly provided, that the Services are provided employment of Supplier’s Personnel shall not derogate in any manner from the Supplier's full and sole responsibility and liability for the execution of the Project. Subject to the limitation of liability at all times and in all respects in accordance with this Agreement. 6.2 Section 27.1 (The Supplier's personnel employed in Liability), the Supplier shall bear all direct and about the provision indirect liability towards MWC for any act or omission including those of any of the Services shall be properly and sufficiently qualified, competent, skilled, honest, and experienced and shall at all times exercise due care Supplier’s Personnel. In the event of a civil wrong arising from any act or omission of a Supplier’s Personnel in the execution of their duties. The Supplier shall ensure that such persons are properly and sufficiently instructed and supervised with regard to the provision of the Services and in particular: 6.2.1 the task or tasks such person has to perform, 6.2.2 all relevant provisions hereof, 6.2.3 all relevant policiesProject, rules, procedures and standards of the Company, and 6.2.4 all relevant rules, procedures and statutory requirements concerning health and safety, including the Company's health and safety policy which shall be provided to the Supplier and if not so provided shall be requested by it. 6.3 The Company’s Representative shall, upon giving notice in writing, have the power to require the Supplier to remove from the provision of the Services any personnel of the Supplier specified in such notice including the Supplier’s Representative. The Supplier shall forthwith remove such personnel from the provision of the Services and shall unless the Company determines otherwise immediately provide a replacement who Personnel shall be satisfactory deemed to be the Company. 6.4 The Company shall in no circumstances be liable either to the Supplier or to such personnel in respect of any cost, expense, liability loss, or damage occasioned by such removal and the Supplier shall fully indemnify the Company in respect of any claim made by such personnel. 6.5 The Supplier shall provide and shall ensure that its personnel at all times when engaged in the provision of the Services at any premises owned, occupied or controlled by the Company wear such identification (including photographic identification) as may be specified by the Company, and shall ensure that when requested to do so any personnel of the Supplier shall disclose his identity and status as personnel of the Supplier and shall not attempt to avoid so doing. 6.6 Where Company rules and regulations or the nature or the location of any duties upon which the Supplier's personnel shall be engaged in the provision of the Services make the wearing of any special or protective clothing headwear or footwear necessary or appropriate, the Supplier shall provide and shall require its personnel to wear such clothing headwear or footwear. Such special or protective clothing headwear or footwear shall be maintained and replaced as necessary by the Supplier. 6.7 The Supplier shall notify the Company’s Representative immediately upon becoming aware of any possible conflict of interest which may arise between the interests of the Company and any other client agent of the Supplier and the Supplier shall take be prevented from claiming an exemption from its liability, including through reliance on any Laws and Regulations, including Section 15 of the Civil Wrongs Ordinance (New Version). Ensure that it and the Supplier’s Personnel timely obtain and hold valid, at all reasonable steps times throughout the Contract Period, all required Permits and are duly registered in all mandatory registrations, applicable to remove or avoid the cause performance of any such conflict part of interest the Works. The Supplier’s Personnel shall not be deemed as employees of MWC. Accordingly, the Supplier shall bear full and sole responsibility for the Supplier's Personnel including for all applicable requirements set forth under (i) all Laws and Regulations; and/or (ii) specific or collective agreements including the payment of wages, salaries and any other payments due to or in connection with the engagement between the Supplier and its Personnel in relation to the satisfaction Project; and/or (iii) specific requirements of any Relevant Authority. The Supplier shall be fully and solely responsible for any act and/or omission of the CompanySupplier's Personnel. The Supplier shall comply with all the relevant labor Laws applicable to the Supplier’s RepresentativePersonnel, including Laws relating to their terms of employment (including stipulation relating to the employment and terms thereof of foreign workers), health, safety, welfare, immigration and emigration, and shall ensure all their legal rights are always kept and provided. The Supplier shall pay any and all local and foreign taxes, levies and other mandatory payments with respect to the Supplier’s Personnel, including, without limitation, social security, income tax and health insurance, as applicable. The Supplier shall require his employees to obey all Laws and Regulations and instructions of Relevant Authorities, including those concerning health and safety at work. The Supplier shall obtain, at his sole and exclusive responsibility and expense, permits and authorizations with regard to the employment (including that of foreign workers) and presence on Site of the Supplier’s Personnel.

Appears in 1 contract

Samples: Contract for Design, Manufacture, Shipping, Supply & Delivery

Supplier’s Personnel. 6.1 20.1 The Supplier hereby acknowledges and accepts that both the DSS and POCL reserve the right to refuse to admit: (a) (in the DSS's case) to any premises occupied by or on behalf of the Crown (which terms shall employ sufficient in this clause include all persons employed or engaged by the Crown and all persons providing services to ensure that the Services are provided at all times and Crown); or (b) (in all respects POCL's case) to any premises occupied by or on behalf of any member of the Post Office Group or to any post office any person employed or engaged by the Supplier, or by a sub-contractor or supplier to the Supplier, whose admission would be, in accordance with this Agreementthe reasonable opinion of either the DSS or POCL as appropriate, undesirable. 6.2 The Supplier's personnel employed in 20.2 If and about the provision of the Services shall be properly and sufficiently qualified, competent, skilled, honest, and experienced and shall at all times exercise due care in the execution of their duties. The Supplier shall ensure that such persons are properly and sufficiently instructed and supervised with regard to the provision of the Services and in particular: 6.2.1 the task or tasks such person has to perform, 6.2.2 all relevant provisions hereof, 6.2.3 all relevant policies, rules, procedures and standards of the Company, and 6.2.4 all relevant rules, procedures and statutory requirements concerning health and safety, including the Company's health and safety policy which shall be provided to the Supplier and if not so provided shall be requested when directed by it. 6.3 The Company’s Representative shall, upon giving notice in writing, have the power to require the Supplier to remove from the provision of the Services any personnel of the Supplier specified in such notice including the Supplier’s Representative. The Supplier shall forthwith remove such personnel from the provision of the Services and shall unless the Company determines otherwise immediately provide a replacement who shall be satisfactory to the Company. 6.4 The Company shall in no circumstances be liable either to the Supplier or to such personnel in respect of any cost, expense, liability loss, or damage occasioned by such removal and the Supplier shall fully indemnify the Company in respect of any claim made by such personnel. 6.5 The Supplier shall provide and shall ensure that its personnel at all times when engaged in the provision of the Services at any premises owned, occupied or controlled by the Company wear such identification (including photographic identification) as may be specified by the Company, and shall ensure that when requested to do so any personnel of the Supplier shall disclose his identity and status as personnel of the Supplier and shall not attempt to avoid so doing. 6.6 Where Company rules and regulations or the nature or the location of any duties upon which the Supplier's personnel shall be engaged in the provision of the Services make the wearing of any special or protective clothing headwear or footwear necessary or appropriatePathway, the Supplier shall provide a list of the names and shall addresses of all persons who it is expected may require its personnel admission in connection with the performance of this Agreement to wear any premises occupied by or on behalf of the Crown or by or on behalf of any member of the Post Office Group or to any post office (as appropriate), specifying the capacities in which they are concerned with this Agreement and giving such clothing headwear or footwearother particulars as Pathway may reasonably require. Such special or protective clothing headwear or footwear shall be maintained and replaced as necessary by the Supplier. 6.7 The Supplier shall notify comply with any reasonable directions issued by the Company’s Representative immediately upon becoming aware of any possible conflict of interest which may arise between the interests designated representative of the Company DSS, POCL or Pathway as to which persons may be admitted to such premises and any other client of the Supplier at what times. 20.3 If and when directed by Pathway, the Supplier shall take all reasonable steps to remove secure that any person employed or avoid engaged by the cause of any such conflict of interest Supplier or by a sub-contractor or supplier to the satisfaction Supplier, who is specified in the direction or is one of a class of persons who may be so specified, shall sign a statement that he understands that the Company’s RepresentativeOfficial October 1996 COMMERCIAL IN CONFIDENCE page 9 of 36 00 XXXXXXX / XXXXXX XXXCHASE AGREEMENT - REF. NO. ITH001 - VERSION FINAL 2 Secrets Acts 1911 to 1989 apply to him both during the term of and after the expiry or termination of this Agreement. 20.4 The Supplier's representatives, engaged within the boundaries of a Crown or Post Office Group establishment or post office, shall comply with such rules, regulations and requirements (including those relating to security arrangements) as may be in force from time to time for the conduct of personnel when at that establishment or post office and when outside that establishment or post office.

Appears in 1 contract

Samples: Purchase Agreement (Transact Technologies Inc)

Supplier’s Personnel. 6.1 The Supplier Personnel shall employ sufficient persons to ensure that the Services are provided be regarded at all times and in all respects in accordance with this Agreement. 6.2 The Supplier's personnel employed in and about the provision as employees agents or subcontractors of the Services Supplier and no relationship of employer and employee shall arise between the Company and any Supplier Personnel under any circumstances regardless of the degree of supervision (if any) that may be properly and sufficiently qualified, competent, skilled, honest, and experienced and shall at all times exercise due care in exercised over the execution of their dutiesSupplier Personnel by the Company. The Supplier shall ensure that such persons are properly the Supplier Personnel abide by all of the provisions of this Agreement which impose obligations on them and sufficiently instructed all reasonable directions given by the Company. The Supplier shall ensure that any written or oral representations and supervised with regard all facts relating to the Supplier Personnel that are provided to the Company are materially correct and that all qualifications, accreditations and experience that the Supplier Personnel are stated to possess have been checked thoroughly by the Supplier and verified as accurate. The Company reserves the right to refuse to admit, or remove from, any premises occupied by or on behalf of it, any Supplier Personnel whose admission or presence would, in the Company’s reasonable opinion be undesirable or who represents a threat to confidentiality or security or whose presence would be in breach of any rules and regulations governing the Company’s own staff provided that the Company notifies the Supplier of any such refusal (with reasons why). The exclusion of any such individual from such premises shall not relieve the Supplier from the performance of its obligations under this Agreement. If and when directed by the Company, the Supplier shall provide a list of the names and business addresses of all persons who may require admission to the Sites or any other premises in connection with the performance of the Services under this Agreement, specifying the capacities in which they are entering such premises and giving such other particulars as the Company may reasonably require. Failure by the Supplier to comply with the provisions of clause 11.5 within a reasonable time of written notice to do so will entitle the Company to refuse admission to any Site to any person who has not been notified to the Company. The Supplier shall ensure that the Supplier Personnel continue in the functions and responsibilities to which they are assigned to the Company for as long as required by the Company during the course of this Agreement. If any re-assignment by the Supplier of any of the Supplier Personnel is necessary, or if the Company advises that any Supplier Personnel assigned are in any respect unsatisfactory, including where any such Supplier Personnel are, or are expected to be or have been absent for any period for whatever reason (including without limitation sickness or holiday) or if there is any breach (or if the Company reasonably suspects any breach) of the Company’s equality and diversity policies by any Supplier Personnel or if the employment of these Supplier Personnel by the Supplier is terminated for any reason, then the Supplier will promptly supply a replacement of equivalent calibre and experience at no additional cost or expense to the Company, and any such replacement shall be approved by the Company prior to commencing provision of the Services, such approval not to be unreasonably withheld. The Supplier shall procure that all Supplier Personnel shall hold all valid accreditations as is necessary to provide the Services in compliance with all regulatory requirements, and hold such valid accreditations as the Company deems necessary and as specified in particular: 6.2.1 Schedule 1. The Company shall not be responsible for any costs or expenses whatsoever related to the task Supplier’s compliance with this clause. The Supplier shall ensure that the applicable accreditations held by the relevant Supplier Personnel remain valid throughout the duration of this Agreement. The Supplier will indemnify and hold the Company and each of its Affiliates harmless on written demand in respect of all losses, damages, costs and expenses and other liabilities (including legal fees, disbursements and expenses) incurred by or tasks such person has awarded against the Company resulting from any breach of this clause. The Supplier will ensure that, where appropriate, its employees and trainers have been checked with the Disclosure Barring Service prior to perform, 6.2.2 all relevant provisions hereof, 6.2.3 all relevant policies, rules, procedures and standards delivery of the Company, and 6.2.4 Services. Without prejudice Clauses 11.1 and 13.2(e)The Supplier will perform and discharge all relevant rules, procedures obligations in respect of the Supplier Personnel for its own account. The Supplier will indemnify the Company against all Personnel Liabilities arising from the Supplier’s failure to perform and statutory requirements concerning health discharge any such obligation and safety, including against all Personnel Liabilities arising out of or as a result of: any act or omission by the Company's health Supplier; all emoluments and safety policy which shall be provided outgoings in relation to the Supplier Personnel (including without limitation all wages, bonuses, PAYE, national insurance contributions, pension contributions and if otherwise); any statement communicated to or action done by the Supplier to any Supplier Personnel which has not so provided shall be requested been agreed in advance by it. 6.3 The Company’s Representative shall, upon giving notice the Company in writing, have the power to . The Project Manager may on notice require the Supplier to remove from the provision of the Services (or cause to be removed) any personnel member of the Supplier specified Personnel, who, in such notice including the Supplier’s Representativereasonable opinion of the Company or the Project Manager persists in any misconduct, is guilty of any gross or wilful misconduct, is incompetent or negligent in the performance of their duties, fails to conform with any material provisions of this Agreement or persists in any conduct which is prejudicial to safety, health, or the protection of the environment. The Supplier and the Supplier Personnel shall forthwith remove such personnel from comply with all reasonable directions given by the provision Company. The following Supplier Personnel persons are considered to be Key Personnel: TBC TBC TBC TBC … … Without prejudice to the generality of Clause 11.7, Supplier acknowledges the importance of the Key Personnel to the delivery of the Services and shall unless the Company determines otherwise immediately provide a replacement who shall be satisfactory to the Company. 6.4 The Company shall in no circumstances be liable either to the Supplier or to such personnel in respect of any cost, expense, liability loss, or damage occasioned by such removal and the Supplier shall fully indemnify the Company in respect of any claim made by such personnel. 6.5 The Supplier shall provide and shall ensure that its personnel at all times when engaged in the provision of the Services at any premises owned, occupied or controlled by the Company wear such identification (including photographic identification) as may be specified by the Company, and shall ensure that when requested to do so any personnel of the Supplier shall disclose his identity and status as personnel of the Supplier and shall not attempt to avoid so doing. 6.6 Where Company rules and regulations or the nature or the location of any duties upon which the Supplier's personnel shall be engaged in the provision of the Services make the wearing of any special or protective clothing headwear or footwear necessary or appropriate, the Supplier shall provide and shall require its personnel to wear such clothing headwear or footwear. Such special or protective clothing headwear or footwear shall be maintained and replaced as necessary by the Supplier. 6.7 The Supplier shall notify the Company’s Representative immediately upon becoming aware of any possible conflict of interest which may arise between the interests of the Company and any other client of the Supplier and the Supplier shall take all reasonable steps steps, at its own expense, to remove or avoid the cause of any such conflict of interest ensure that they remain allocated to the satisfaction delivery of the Company’s RepresentativeServices.

Appears in 1 contract

Samples: Agreement for the Provision of Apprenticeship Training Services

Supplier’s Personnel. 6.1 The 8.1. At all times, the Supplier shall employ sufficient persons ensure that: 8.1.1. each of the Supplier’s Personnel is suitably qualified, adequately trained and capable of providing the applicable Services in respect of which they are engaged; 8.1.2. each of the Supplier’s Personnel holds all necessary certificates or authorisations to ensure that provide the Services; 8.1.3. there is an adequate number of Supplier’s Personnel to provide the Services are provided at all times properly; 8.2. The Customer may refuse to grant access to, and in all respects in accordance remove, any of the Supplier’s Personnel who do not comply with this Agreementany of the Customer’s policies, or if they otherwise present a security threat. 6.2 The Supplier's personnel employed in and about the provision of the Services shall be properly and sufficiently qualified, competent, skilled, honest, and experienced and shall at all times exercise due care in the execution of their duties8.3. The Supplier shall ensure that such persons are properly and sufficiently instructed and supervised with regard to the provision replace any of the Services and in particular: 6.2.1 the task or tasks such person has to perform, 6.2.2 all relevant provisions hereof, 6.2.3 all relevant policies, rules, procedures and standards of the Company, and 6.2.4 all relevant rules, procedures and statutory requirements concerning health and safety, including the Company's health and safety policy which shall be provided to the Supplier and if not so provided shall be requested by it. 6.3 The Company’s Representative shall, upon giving notice in writing, have the power to require the Supplier to remove from the provision of the Services any personnel of the Supplier specified in such notice including the Supplier’s RepresentativePersonnel who the Customer reasonably decides have failed to carry out their duties with reasonable skill and care. Following the removal of any of the Supplier’s Personnel for any reason, the Supplier shall ensure such person is replaced promptly with another person with the necessary training and skills to meet the requirements of the Services. 8.4. The Supplier shall forthwith remove such maintain up-to-date personnel from records on the provision of the Services and shall unless the Company determines otherwise immediately provide a replacement who shall be satisfactory to the Company. 6.4 The Company shall in no circumstances be liable either to the Supplier or to such personnel in respect of any cost, expense, liability loss, or damage occasioned by such removal and the Supplier shall fully indemnify the Company in respect of any claim made by such personnel. 6.5 The Supplier shall provide and shall ensure that its personnel at all times when Supplier’s Personnel engaged in the provision of the Services and, on request, provide reasonable information to the Customer on the Supplier’s Personnel. The Supplier shall ensure at any premises ownedall times that it has the right to provide these records under Data Protection Legislation. 8.5. The Supplier shall use reasonable endeavours to ensure continuity of personnel and to ensure that the turnover rate of its staff engaged in the provision or management of the Services is at least as good at the prevailing industry norm for similar services, occupied or controlled locations and environments. 8.6. For the avoidance of doubt, failure by the Company wear such identification (including photographic identification) as may be specified Supplier to comply with any of its obligations under this Clause [8] shall constitute a Default by the CompanySupplier which shall entitle the Customer to terminate this Agreement immediately pursuant to Clause [19.2.1]. 8.7. For the avoidance of doubt, and shall ensure that when requested Supplier’s Personnel are held to do so any personnel of the Supplier shall disclose his identity and status be acting as personnel an agent of the Supplier and shall not attempt to avoid so doing. 6.6 Where Company rules thus under the control and regulations or responsibility of said Supplier. In the nature or the location event of any duties upon which the Supplier's personnel shall be engaged in the provision of the Services make the wearing of any special misconduct, gross negligence, fraud or protective clothing headwear or footwear necessary or appropriate, the Supplier shall provide and shall require its personnel to wear such clothing headwear or footwear. Such special or protective clothing headwear or footwear shall be maintained and replaced as necessary fraudulent misrepresentation by the Personnel, Supplier is wholly responsible for all acts and omissions of Supplier. 6.7 The Supplier shall notify the Company’s Representative immediately upon becoming aware of any possible conflict of interest which may arise between the interests of the Company and any other client of the Supplier Personnel and the Supplier shall take all reasonable steps Customer cannot be held to remove or avoid the cause of have any part in such conflict of interest to the satisfaction of the Company’s Representativeevent.

Appears in 1 contract

Samples: Service Agreement (Galaxy Payroll Group LTD)

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Supplier’s Personnel. 6.1 7.1 If the Customer reasonably believes that any of the Supplier’s Personnel are unsuitable to undertake the work in respect of the Services, it may, by giving written notice to the Supplier: 7.1.1 refuse admission to the relevant person(s) to any Venue(s); and/or 7.1.2 require that the Supplier replace the relevant person(s) with another suitably qualified person and return any security pass issued to the relevant person(s). 7.2 The Supplier shall employ sufficient persons shall: 7.2.1 ensure that all Personnel are suitable for the delivery of the Services and, where appropriate, the delivery of the Services at the Venues; 7.2.2 ensure that all Personnel are vetted in accordance with any Staff Vetting Procedures; 7.2.3 if requested by the Customer, provide the Customer with a list of names and addresses (and any other relevant information) of all Supplier’s Personnel who may require admission to the Venue(s) in connection with the Services (where the Services are to be supplied from any Venue(s)). 7.3 Without prejudice to clause 7.2.1 the Customer may require the Supplier to ensure that the Services are provided at all times and in all respects in accordance with this Agreement. 6.2 The Supplier's personnel any person employed in and about the provision of the Services shall be properly and sufficiently qualified, competent, skilled, honest, and experienced and shall at all times exercise due care in the execution of their dutieshas undertaken a Disclosure check. The Supplier shall ensure that such persons are properly and sufficiently instructed and supervised with regard no person who discloses that he/she has a conviction that is relevant to the provision nature of the Services and in particular: 6.2.1 Services, relevant to the task or tasks such person has to perform, 6.2.2 all relevant provisions hereof, 6.2.3 all relevant policies, rules, procedures and standards work of the CompanyCustomer, and 6.2.4 all relevant rulesor is of a type otherwise advised by the Customer (each such conviction a “Relevant Conviction”), procedures and statutory requirements concerning health and safety, including the Company's health and safety policy which shall be provided to the Supplier and if not so provided shall be requested or is found by it. 6.3 The Company’s Representative shall, upon giving notice in writing, have the power to require the Supplier to remove from the provision have a Relevant Conviction (whether as a result of the Services any personnel of the Supplier specified in such notice including the Supplier’s Representative. The Supplier shall forthwith remove such personnel from the provision of the Services and shall unless the Company determines otherwise immediately provide a replacement who shall be satisfactory to the Company. 6.4 The Company shall in no circumstances be liable either to the Supplier police check, a Disclosure check or to such personnel in respect of any cost, expense, liability loss, otherwise) is employed or damage occasioned by such removal and the Supplier shall fully indemnify the Company in respect of any claim made by such personnel. 6.5 The Supplier shall provide and shall ensure that its personnel at all times when engaged in the provision of any part of the Services at Services. 7.4 The Supplier shall indemnify the Customer against any premises owned, occupied Losses arising from any claim by any individual employed or controlled engaged by the Company wear such identification (including photographic identification) as may be specified by Supplier in connection with the Company, and shall ensure that when requested to do so any personnel of the Supplier shall disclose his identity and status as personnel of the Supplier and shall not attempt to avoid so doing. 6.6 Where Company rules and regulations or the nature or the location of any duties upon which the Supplier's personnel shall be engaged in the provision delivery of the Services make (the wearing “Individual”) that TUPE applies in respect of the delivery of the Services such as to transfer the contract of employment of, or any special or protective clothing headwear or footwear necessary or appropriatecollective agreement relating to, the Supplier shall provide Individual to the Customer (including, without limitation, claims for or in relation to protective awards, compensation for unfair dismissal, damages for wrongful dismissal or breach of contract, redundancy pay and shall require its personnel to wear such clothing headwear or footwear. Such special or protective clothing headwear or footwear shall be maintained and replaced as necessary by the Supplier. 6.7 The Supplier shall notify the Company’s Representative immediately upon becoming aware of any possible conflict of interest which may arise between the interests of the Company delict) and any other client of losses which may be suffered or incurred by the Supplier and the Supplier shall take all reasonable steps to remove Customer in connection with or avoid the cause arising out of any such conflict of interest to claim by the satisfaction of the Company’s RepresentativeIndividual.

Appears in 1 contract

Samples: Supply Agreement

Supplier’s Personnel. 6.1 ‌ a. The Supplier shall must: i. engage all personnel necessary for the supply of the Goods and Services; and ii. employ sufficient persons or cause to ensure be employed only personnel that are diligent, skilled and experienced to the Services are provided at all times degree ordinarily expected of personnel engaged in the supply of goods and in all respects / or services similar to the Goods and Services, acting in accordance with this AgreementGood Industry Practice. 6.2 b. No Supplier’s Personnel may commence work on Site unless they have attended, at the Supplier’s expense, the BCI’s induction courses, including Site induction. c. The Supplier must, if requested by BCI, ensure that any Supplier Personnel that, in BCI’s reasonable opinion: i. has engaged in illegal, fraudulent or negligent conduct; ii. has performed the Supplier's personnel employed ’s Obligations whilst under the influence of alcohol or illegally obtained drugs; iii. does not satisfy, or has not acted in and about a manner which satisfies, the provision standards required by clause 14b; or iv. is otherwise a risk to the safety of any person, property or the environment, has no further involvement in the performance of the Services shall be properly Supplier’s Obligations without BCI’s prior written consent and sufficiently qualified, competent, skilled, honest, and experienced and shall at all times exercise due care in will promptly remove such Supplier Personnel from the execution of their duties. The Supplier shall ensure that such persons are properly and sufficiently instructed and supervised with regard to the provision of the Services and in particular:Site. 6.2.1 the task or tasks such person has to perform, 6.2.2 all relevant provisions hereof, 6.2.3 all relevant policies, rules, procedures and standards of the Company, and 6.2.4 all relevant rules, procedures and statutory requirements concerning health and safety, including the Company's health and safety policy which shall be provided d. BCI is not liable to the Supplier and if not so provided shall be requested by it. 6.3 The Company’s Representative shall, upon giving notice in writing, have the power to require the Supplier to remove for any loss or claim arising from the provision removal of any Supplier Personnel from the Services any personnel performance of the Supplier specified in such notice including the Supplier’s Representative. The Supplier shall forthwith remove such personnel from Obligations or the provision of the Services Site under clause 4, and shall unless the Company determines otherwise immediately provide a replacement who shall be satisfactory to the Company.extent permitted by Law, the Supplier: 6.4 The Company shall in no circumstances be liable either to the Supplier or to such personnel i. waives all rights of recourse against BCI in respect of any costof; and ii. indemnifies BCI from and against, expense, liability loss, or damage occasioned by such removal and the Supplier shall fully indemnify the Company in respect of any claim made by such personnel. 6.5 The Supplier shall provide and shall ensure that its personnel at all times when engaged in the provision of the Services at any premises owned, occupied or controlled by the Company wear such identification (including photographic identification) as may be specified by the Company, and shall ensure that when requested to do so any personnel of the Supplier shall disclose his identity and status as personnel of the Supplier and shall not attempt to avoid so doing. 6.6 Where Company rules and regulations or the nature or the location of any duties upon which the Supplier's personnel shall be engaged in the provision of the Services make the wearing of any special or protective clothing headwear or footwear necessary or appropriate, the Supplier shall provide and shall require its personnel to wear such clothing headwear or footwear. Such special or protective clothing headwear or footwear shall be maintained and replaced as necessary by the Supplier. 6.7 The Supplier shall notify the Company’s Representative immediately upon becoming aware of any possible conflict of interest which may arise between the interests of the Company and any other client of the Supplier and the Supplier shall take all reasonable steps to remove or avoid the cause of any such conflict of interest to the satisfaction of the Company’s Representativeloss or claim.

Appears in 1 contract

Samples: Contract

Supplier’s Personnel. 6.1 4.1 The Supplier shall employ sufficient persons to ensure that the Services are provided at all times and in all respects in accordance with this the Agreement. 6.2 4.2 The Supplier's personnel employed in and about the provision of the Services shall be properly and sufficiently qualified, competent, skilled, honest, and experienced and shall at all times exercise due care in the execution of their duties. The Supplier shall ensure that such persons are properly and sufficiently instructed and supervised with regard to the provision of the Services and in particular: 6.2.1 4.2.1 the task or tasks such person has to perform, 6.2.2 4.2.2 all relevant provisions hereof, 6.2.3 4.2.3 all relevant policies, rules, procedures and standards of the CompanyCouncil, and 6.2.4 4.2.4 all relevant rules, procedures and statutory requirements concerning health and safety, including the CompanyCouncil's health and safety policy which shall be provided to the Supplier and if not so provided shall be requested by it. 6.3 4.3 The CompanyCouncil’s Representative shall, upon giving notice in writing, have the power to require the Supplier to remove from the provision of the Services any personnel of the Supplier specified in such notice including the Supplier’s Representative. The Supplier shall forthwith remove such personnel from the provision of the Services and shall unless the Company Council determines otherwise immediately provide a replacement who shall be satisfactory to the CompanyCouncil. 6.4 4.4 The Company Council shall in no circumstances be liable either to the Supplier or to such personnel in respect of any cost, expense, liability loss, or damage occasioned by such removal and the Supplier shall fully indemnify the Company Council in respect of any claim made by such personnel. 6.5 4.5 The Supplier shall provide and shall ensure that its personnel at all times when engaged in the provision of the Services at any premises owned, occupied or controlled by the Company Council wear such identification (including photographic identification) as may be specified by the CompanyCouncil, and shall ensure that when requested to do so any personnel of the Supplier shall disclose his identity and status as personnel of the Supplier and shall not attempt to avoid so doing. 6.6 4.6 Where Company Council rules and regulations or the nature or the location of any duties upon which the Supplier's personnel shall be engaged in the provision of the Services make the wearing of any special or protective clothing headwear or footwear necessary or appropriate, the Supplier shall provide and shall require its personnel to wear such clothing headwear or footwear. Such special or protective clothing headwear or footwear shall be maintained and replaced as necessary by the Supplier. 6.7 4.7 The Supplier shall notify the CompanyCouncil’s Representative immediately upon becoming aware of any possible conflict of interest which may arise between the interests of the Company Council and any other client of the Supplier and the Supplier shall take all reasonable steps to remove or avoid the cause of any such conflict of interest to the satisfaction of the CompanyCouncil’s Representative.

Appears in 1 contract

Samples: Terms and Conditions

Supplier’s Personnel. 6.1 4.1 The Supplier shall employ sufficient persons to ensure that the Services are provided at all times and in all respects in accordance with this the Agreement. 6.2 4.2 The Supplier's personnel employed in and about the provision of the Services shall be properly and sufficiently qualified, competent, skilled, honest, and experienced and shall at all times exercise due care in the execution of their duties. The Supplier shall ensure that such persons are properly and sufficiently instructed and supervised with regard to the provision of the Services and in particular: 6.2.1 4.2.1 the task or tasks such person has to perform, 6.2.2 4.2.2 all relevant provisions hereof, 6.2.3 4.2.3 all relevant policies, rules, procedures and standards of the CompanyCouncil, and 6.2.4 4.2.4 all relevant rules, procedures and statutory requirements concerning health and safety, including the CompanyCouncil's health and safety policy which shall be provided to the Supplier and if not so provided shall be requested by it. 6.3 4.3 The CompanyCouncil’s Representative shall, upon giving notice in writing, have the power to require the Supplier to remove from the provision of the Services any personnel of the Supplier specified in such notice including the Supplier’s Representative. The Supplier shall forthwith remove such personnel from the provision of the Services and shall unless the Company Council determines otherwise immediately provide a replacement who shall be satisfactory to the CompanyCouncil. 6.4 4.4 The Company Council shall in no circumstances be liable either to the Supplier or to such personnel in respect of any cost, expense, liability loss, or damage occasioned by such removal and the Supplier shall fully indemnify the Company Council in respect of any claim made by such personnel. 6.5 4.5 The Supplier shall provide and shall ensure that its personnel at all times when engaged in the provision of the Services at any premises owned, occupied or controlled by the Company Council wear such identification (including photographic identification) as may be specified by the CompanyCouncil, and shall ensure that when requested to do so any personnel of the Supplier shall disclose his identity and status as personnel of the Supplier and shall not attempt to avoid so doing. 6.6 4.6 Where Company Council rules and regulations or the nature or the location of any duties upon which the Supplier's personnel shall be engaged in the provision of the Services make the wearing of any special or protective clothing headwear or footwear necessary or appropriate, the Supplier shall provide and shall require its personnel to wear such clothing headwear or footwear. Such special or protective clothing headwear or footwear shall be maintained and replaced as necessary by the Supplier. 6.7 4.7 The Supplier shall notify the CompanyCouncil’s Representative immediately upon becoming aware of any possible conflict of interest which may arise between the interests of the Company Council and any other client of the Supplier and the Supplier shall take all reasonable steps to remove or avoid the cause of any such conflict of interest to the satisfaction of the CompanyCouncil’s Representative. 4.8 Any staff employed by the Services Provider or its Sub-Contractors in connection with the performance of its obligations under this Agreement will be paid no less than the Living Wage.

Appears in 1 contract

Samples: Terms and Conditions

Supplier’s Personnel. 6.1 10.1 The Supplier shall select, employ, train, furnish and deploy in and about the performance of the Services only such persons as are of good character and who are appropriately skilled and experienced. 10.2 The Supplier shall comply with any statutory requirements in relation to the recruitment of ex-offenders and disclosures under the Police Xxx 0000. The Supplier shall ensure that all employees, servants or agents engaged by him in the discharge of his obligations under this Agreement who may be required to work within school premises, or other sites occupied by children and/or vulnerable adults shall be appropriately checked by the Disclosure and Barring Service (DBS) and shall upon reasonable request produce evidence of such satisfactory disclosure. 10.3 The Supplier and the Supplier’s sub-contractors, staff and agents shall comply with all reasonable requirements of the Customer whilst present at the Customer’s premises. 10.4 The Supplier shall use reasonable endeavours to ensure that its sub-contractors are subject to the provisions of Conditions 10.1, 10.2 and 10.3 above. 10.5 The Supplier, its agents, sub-contractors and suppliers shall employ sufficient persons staff to ensure that the Services are provided at all times and in all respects in accordance with this Agreement. Without prejudice to the generality of this obligation, it shall be the duty of the Supplier to ensure that a sufficient reserve of staff is available to provide the Services in accordance with this Agreement during staff holidays or absence through sickness or any other cause. 6.2 10.6 The Supplier's personnel employed in and about Customer, acting reasonably, shall have the provision right to refuse access to its premises at any time to any employee of the Services Supplier, its agents, sub-contractors or suppliers. The exercise of this right shall be properly and sufficiently qualified, competent, skilled, honest, and experienced and shall at all times exercise due care in not diminish the execution Supplier’s obligation of their duties. performance arising under this Agreement. 10.7 The Supplier shall take appropriate steps to ensure that such persons neither the Supplier nor any of its staff nor the Agencies nor the Agencies’ staff are properly placed in a position where (in the reasonable opinion of the Customer) there is or may be an actual conflict, or a potential conflict, between the pecuniary or personal interests of the Supplier or the Supplier’s staff and sufficiently instructed and supervised with regard the duties owed to the provision Customer under the provisions of this Agreement. 10.8 The Supplier shall promptly notify and provide full particulars to ESPO or the Services and relevant Customer if such conflict referred to in particular:Condition 10.7 above arises or may have reasonably been foreseen as arising. 6.2.1 10.9 The Customer reserves the task or tasks such person has right to perform, 6.2.2 all relevant provisions hereof, 6.2.3 all relevant policies, rules, procedures and standards of the Company, and 6.2.4 all relevant rules, procedures and statutory requirements concerning health and safety, including the Company's health and safety policy which shall be provided terminate this Agreement immediately by giving notice in writing to the Supplier and if not so provided shall be requested by it. 6.3 The Company’s Representative shalland/or to take such other steps it deems necessary where, upon giving notice in writing, have the power to require the Supplier to remove from the provision reasonable opinion of the Services any personnel of the Supplier specified in such notice including the Supplier’s Representative. The Supplier shall forthwith remove such personnel from the provision of the Services and shall unless the Company determines otherwise immediately provide a replacement who shall Customer, there is or may be satisfactory to the Company. 6.4 The Company shall in no circumstances be liable either to the Supplier or to such personnel in respect of any cost, expense, liability lossan actual conflict, or damage occasioned by such removal and the Supplier shall fully indemnify the Company in respect of any claim made by such personnel. 6.5 The Supplier shall provide and shall ensure that its personnel at all times when engaged in the provision of the Services at any premises owneda potential conflict, occupied or controlled by the Company wear such identification (including photographic identification) as may be specified by the Company, and shall ensure that when requested to do so any personnel of the Supplier shall disclose his identity and status as personnel of the Supplier and shall not attempt to avoid so doing. 6.6 Where Company rules and regulations or the nature or the location of any duties upon which the Supplier's personnel shall be engaged in the provision of the Services make the wearing of any special or protective clothing headwear or footwear necessary or appropriate, the Supplier shall provide and shall require its personnel to wear such clothing headwear or footwear. Such special or protective clothing headwear or footwear shall be maintained and replaced as necessary by the Supplier. 6.7 The Supplier shall notify the Company’s Representative immediately upon becoming aware of any possible conflict of interest which may arise between the pecuniary or personal interests of the Company and any other client of the Supplier and the Supplier shall take all reasonable steps to remove or avoid the cause of any such conflict of interest duties owed to the satisfaction Customer under the provisions of this Agreement. The action of the Company’s RepresentativeCustomer pursuant to this clause shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to the Customer. 10.10 This clause 10 shall apply during the Term and until whichever is the later of the termination or expiry of this Agreement and the termination or expiry of the last Customer Agreement..

Appears in 1 contract

Samples: Managed Services Agreement

Supplier’s Personnel. 6.1 (a) The Supplier shall employ sufficient persons must ensure that all of its Personnel engaged or employed by the Supplier in carrying out the Supplier's Activities: (i) are aware of, and comply with, the Supplier's obligations under this Agreement as if they were the Supplier; (ii) prior to carrying out any part of the Supplier's Activities, are properly trained and qualified and have the requisite competencies, skills, qualifications and experience to: A. perform the duties allocated to them; and B. understand the Supplier's obligations under this Agreement, including with respect to privacy, security, confidentiality and safety; and (iii) are provided with regular training to ensure that the Services Supplier's Personnel's skills and qualifications are maintained in accordance with all applicable Best Industry Practice. (b) On the Customer's request or as part of any audit conducted pursuant to clause 37.2, the Supplier must promptly provide the Customer or its nominee with evidence that the obligations under this clause 11.3 have been complied with (including with respect to the training of the Supplier's Personnel). (c) The Supplier must ensure that all of its Personnel, when on the Customer premises or when accessing Customer Data or the Customer's systems, equipment or facilities, comply with the reasonable requirements and directions of the Customer (including with regard to the Customer's safety and security requirements). (d) The Supplier must ensure that its Personnel when entering any Site comply with any conditions of entry or other Site specific requirements as specified in the Order Documents or notified by the Customer to the Supplier from time to time. (e) The Customer may, acting reasonably and in its discretion, give notice in writing requiring the Supplier to remove any of its Personnel (including Nominated Personnel) from work in respect of this Agreement, together with its reasons for removal. The Supplier must promptly arrange for the removal of such Personnel and their replacement with Supplier Personnel reasonably acceptable to the Customer. (f) The Supplier must ensure that it (and where appropriate, its outgoing Personnel) effects a process that: (i) minimises any adverse impact on, or delay in, the performance of the Supplier's Activities; and (ii) effects a smooth transition between the outgoing and replacement Personnel, including by identifying and recording: A. any processes and systems in place (or proposed) to manage the provision of the Supplier's Activities; and B. the detail of any outstanding issues in relation to the Supplier's Activities, for which any of the outgoing Supplier's Personnel were responsible. (g) The process for transition to the replacement Personnel by the Supplier must be performed as expeditiously as possible with regard to the Supplier's Activities, the Dates for Delivery and other timeframes under this Agreement, and to the reasonable satisfaction of the Customer. (h) The Supplier will be solely responsible, at its sole cost, for compliance with clause 11.2, including finding and replacing Supplier's Personnel in accordance with clause 11.3(e). (i) The Supplier must properly manage its Personnel resourcing (including any planned absences) to maintain a sufficient level of Personnel engaged or employed in the provision of the Supplier's Activities (both in terms of quality and quantity of such Personnel) to ensure that all relevant roles are, and continue to be, adequately resourced and that the Supplier's Activities are provided at all times and in all respects in accordance with this Agreement. 6.2 The Supplier's personnel employed in and about the provision of the Services shall be properly and sufficiently qualified, competent, skilled, honest, and experienced and shall at all times exercise due care in the execution of their duties. The Supplier shall ensure that such persons are properly and sufficiently instructed and supervised with regard to the provision of the Services and in particular: 6.2.1 the task or tasks such person has to perform, 6.2.2 all relevant provisions hereof, 6.2.3 all relevant policies, rules, procedures and standards of the Company, and 6.2.4 all relevant rules, procedures and statutory requirements concerning health and safety, including the Company's health and safety policy which shall be provided to the Supplier and if not so provided shall be requested by it. 6.3 The Company’s Representative shall, upon giving notice in writing, have the power to require the Supplier to remove from the provision of the Services any personnel of the Supplier specified in such notice including the Supplier’s Representative. The Supplier shall forthwith remove such personnel from the provision of the Services and shall unless the Company determines otherwise immediately provide a replacement who shall be satisfactory to the Company. 6.4 The Company shall in no circumstances be liable either to the Supplier or to such personnel in respect of any cost, expense, liability loss, or damage occasioned by such removal and the Supplier shall fully indemnify the Company in respect of any claim made by such personnel. 6.5 The Supplier shall provide and shall ensure that its personnel at all times when engaged in the provision of the Services at any premises owned, occupied or controlled by the Company wear such identification (including photographic identification) as may be specified by the Company, and shall ensure that when requested to do so any personnel of the Supplier shall disclose his identity and status as personnel of the Supplier and shall not attempt to avoid so doing. 6.6 Where Company rules and regulations or the nature or the location of any duties upon which the Supplier's personnel shall be engaged in the provision of the Services make the wearing of any special or protective clothing headwear or footwear necessary or appropriate, the Supplier shall provide and shall require its personnel to wear such clothing headwear or footwear. Such special or protective clothing headwear or footwear shall be maintained and replaced as necessary by the Supplier. 6.7 The Supplier shall notify the Company’s Representative immediately upon becoming aware of any possible conflict of interest which may arise between the interests of the Company and any other client of the Supplier and the Supplier shall take all reasonable steps to remove or avoid the cause of any such conflict of interest to the satisfaction of the Company’s Representative.

Appears in 1 contract

Samples: Ict Agreement (Icta)

Supplier’s Personnel. 6.1 19.1 At all times, the Supplier shall ensure that: (a) each of the Supplier's Personnel is suitably qualified, adequately trained and capable of providing the applicable Services in respect of which they are engaged; (b) there is an adequate number of Supplier's Personnel to provide the Services properly; (c) only those people who are authorised by the Supplier (under the authorisation procedure to be agreed between the parties) are involved in providing the Operational Services; and (d) all of the Supplier's Personnel comply with all of the Council's policies including those that apply to persons who are allowed access to the applicable Council's Premises. 19.2 The Council may refuse to grant access to, and remove, any of the Supplier's Personnel who do not comply with any such policies, or if they otherwise present a security threat. 19.3 The Supplier shall employ sufficient persons replace any of the Supplier's Personnel who the Council reasonably decides have failed to carry out their duties with reasonable skill and care. Following the removal of any of the Supplier's Personnel for any reason, the Supplier shall ensure that such person is replaced promptly with another person with the Services are provided at all times necessary training and in all respects in accordance with this Agreementskills to meet the requirements of the Services. 6.2 The Supplier's personnel employed in and about the provision of the Services shall be properly and sufficiently qualified, competent, skilled, honest, and experienced and shall at all times exercise due care in the execution of their duties. 19.4 The Supplier shall ensure that such persons the Supplier's Implementation Services Manager and the Supplier's Operational Services Manager are properly and sufficiently instructed and supervised with regard dedicated to the provision co-ordination of the Services management and in particular: 6.2.1 the task or tasks such person has to perform, 6.2.2 all relevant provisions hereof, 6.2.3 all relevant policies, rules, procedures and standards operation of the CompanyServices, and 6.2.4 all relevant rules, procedures the performance of the Supplier's obligations under this agreement and statutory requirements concerning health and safety, including the Companymanagement of the Supplier's health and safety policy which shall be provided to day-to-day relationship with the Supplier and if not so provided shall be requested by itCouncil. 6.3 The Company’s Representative shall, upon giving notice in writing, have the power to require the Supplier to remove from the provision of the Services any personnel of the Supplier specified in such notice including the Supplier’s Representative. 19.5 The Supplier shall forthwith remove such maintain up-to-date personnel from records on the provision of the Services and shall unless the Company determines otherwise immediately provide a replacement who shall be satisfactory to the Company. 6.4 The Company shall in no circumstances be liable either to the Supplier or to such personnel in respect of any cost, expense, liability loss, or damage occasioned by such removal and the Supplier shall fully indemnify the Company in respect of any claim made by such personnel. 6.5 The Supplier shall provide and shall ensure that its personnel at all times when Supplier's Personnel engaged in the provision of the Services at any premises ownedand, occupied or controlled by on request, provide reasonable information to the Company wear such identification (including photographic identification) as may be specified by the Company, and shall ensure that when requested to do so any personnel of the Supplier shall disclose his identity and status as personnel of the Supplier and shall not attempt to avoid so doing. 6.6 Where Company rules and regulations or the nature or the location of any duties upon which Council on the Supplier's Personnel. The Supplier shall ensure at all times that it has the right to provide these records under Data Protection Legislation. 19.6 The Supplier shall use its reasonable endeavours to ensure continuity of personnel shall be and to ensure that the turnover rate of its staff engaged in the provision or management of the Services make is at least as good at the wearing of any special or protective clothing headwear or footwear necessary or appropriateprevailing industry norm for similar services, the Supplier shall provide locations and shall require its personnel to wear such clothing headwear or footwear. Such special or protective clothing headwear or footwear shall be maintained and replaced as necessary by the Supplierenvironments. 6.7 The Supplier shall notify the Company’s Representative immediately upon becoming aware of any possible conflict of interest which may arise between the interests of the Company and any other client of the Supplier and the Supplier shall take all reasonable steps to remove or avoid the cause of any such conflict of interest to the satisfaction of the Company’s Representative.

Appears in 1 contract

Samples: Goods, Services and Related Works Contract

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