Employees of Xxxxxxx. Xxxxxxx shall select, employ, compensate, supervise and direct all personnel and employees of Xxxxxxx necessary for the performance of the Services. Notwithstanding the foregoing, the Company may at any time, in its sole discretion with or without cause, direct that Xxxxxxx remove any particular employee or agent of Xxxxxxx from provision of the Services, and, following any such removal and the payment of all amounts properly owed to such employee or agent as of the date of such removal, the salary and other costs related to such employee or agent shall be excluded from the Administrative Services Fee.
Employees of Xxxxxxx. Xxxxxxx Indian School shall be considered to be separate from the bargaining
Employees of Xxxxxxx. PFBI shall consider the current employees of FNHC and Xxxxxxx for employment by PFBI or Citizens after the Effective Time. PFBI agrees that those employees of Xxxxxxx who become employees of PFBI or Citizens at the Effective Time, while they remain employees of PFBI or Citizens after the Effective Time, will be provided with benefits under employee benefit plans during their period of employment which are no less favorable in the aggregate than those provided by Citizens to similarly situated employees of Citizens, except as provided herein. Citizens and FNHC agree that all employees of FNHC or Xxxxxxx at the Effective Time shall be considered “at will” employees and no employment contracts between FNHC or Xxxxxxx and any of their employees will extend beyond the Effective Time. Except as hereinafter provided, with respect to any PFBI or Citizens employee benefit and welfare plan in which Xxxxxxx employees are eligible to participate, (i) such plans will take into account for purposes of eligibility, participation, vesting and benefit accrual (except that there shall not be any benefit accrual for past service under any qualified defined benefit pension plans), the service of such employees with Xxxxxxx or FNHC as if such service were with Citizens; (ii) provided a Xxxxxxx employee is currently covered under Xxxxxxx’x medical and/or health plan at the Effective Time, Xxxxxxx employees will not be subject to any waiting periods or preexisting condition limitations under any medical, dental or health plans of Citizens in which they are eligible to participate and may participate, except that Xxxxxxx employees hired within 90 days prior to the Effective Time will be subject to the waiting periods, preexisting condition limitations, and/or eligibility requirements of Citizens’ benefit plans calculated using the Xxxxxxx’x date of hire; (iii) Xxxxxxx employees will retain credit for unused sick leave and vacation pay which has been accrued as of the Effective Time; and (iv) for purposes of determining the entitlement of Xxxxxxx employees to sick leave and vacation pay following the Effective Time, the service of such employees with the Xxxxxxx shall be treated as if such service were with Citizens.
Employees of Xxxxxxx. Agents and employees of Xxxxxxx performing services at the leased premises are employees of Xxxxxxx and in no way employees or agents of the District. None of the benefits of employment provided by the District to its employees is available from the District to Xxxxxxx or any of its agents or employees. Xxxxxxx shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required with respect Xxxxxxx agents and employees, if any. Xxxxxxx will be solely and entirely responsible for the act of its agents and employees by reason of the use of the leased premises and access and/or provision of services to its patients who also happen to be District students.
