Common use of Work Performance Clause in Contracts

Work Performance. Employee agrees to provide regular reports, if required, by the supervisor to help judge work performance. Employee understands that a decline in work performance may result in termination of the agreement by the University. Employee agrees to be bound by University regulations, policies and procedures while working at the remote workplace. Violation of the foregoing may result in termination of this agreement and the teleworking privilege. Nothing in this agreement precludes the University from taking any appropriate disciplinary or adverse action against the Employee if the Employee fails to comply with the provisions of this agreement. Dependent upon the nature of work to be performed during the telework cycle, use of University equipment may not be applicable/necessary. In the event the University must provide equipment for use by the Employee during the telework period, the Employee agrees that the use of equipment, software, data supplies and furniture provided by the University for use at the remote work location, is limited to authorized persons and for purposes related to work. The University, at its sole discretion may choose to purchase equipment and related supplies for use by Employee while teleworking, or permit the use of Employee-owned equipment. The decision as to the type, nature, function and/or quality of electronic hardware (including, but not limited to, computers, video display terminals, printers, modems, data processors and other terminal equipment), computer software, data and telecommunications equipment (i.e., phone lines) shall rest entirely with the University. The decision to remove or discontinue use of such equipment, data and/or software shall rest entirely with the University. Equipment purchased for use by Employee shall remain the property of the University. The University does not assume liability for loss, damage or wear of Employee-owned equipment. Employee is responsible for installation, service and maintenance of any Employee-owned equipment used. Employee agrees to take all reasonable precautions, including but not limited to, scanning all computer equipment and software for viruses prior to use, installation and/or transmission, to prevent the transmission of viruses, unauthorized software or code to any computer owned by the University or onto the University’s Local Access Network (LAN). In the event legal action is necessary to regain possession of Agency-owned equipment, software data and/or supplies, Employee agrees to pay all costs incurred by the University, including reasonable attorney fees. In the event of University equipment failure or malfunction, Employee agrees to immediately notify the University in order to effect immediate repair or replacement of such equipment. In the event of delay in repair or replacement, or because of other circumstance, which make it impossible for Employee to telework, Employee understands that Employee may be assigned to do other work and/or assigned to another location, at the University’s sole discretion. Furniture, lighting, household safety equipment, incidental to use of University-owned equipment, software and supplies shall be appropriate for their intended use and shall be used and maintained in a safe condition, free from defects and hazards.