Key Individuals. (a) The individuals who are critical to the performance of the Works are identified in Schedule 9 – Key Individuals. Project Co shall use commercially reasonable efforts to ensure that such persons remain involved in the Works in the capacity set out in Schedule 9 – Key Individuals (unless such Key Individuals are not available for reasons beyond the control of Project Co or a Project Co Party). Project Co or a Project Co Party shall not, for the duration of the Works, require or request any such person to be involved in any other project, if, in the reasonable opinion of Contracting Authority such involvement would have a material adverse effect on the Works. If Project Co fails to comply with this Section 12.4(a), Project Co shall pay to Contracting Authority liquidated damages as set out in Schedule 21 – Liquidated Damages and Construction Enforcement Regime. For clarity, Project Co and the Project Co Parties’ reasonable commercial efforts, in accordance with this Section 12.4(a), shall include the denial of promotions or relocations of a Key Individual as permitted by the Applicable Law. For the purposes of this Section 12.4(a), only the following reasons will be considered beyond the control of Project Co or a Project Co Party: death, short term disability, long term disability or any other reason in the opinion of Contracting Authority, acting reasonably (Project Co shall provide to Contracting Authority any further documentation as may be reasonably requested by Contracting Authority to assess any reason beyond the control of Project Co).
Appears in 4 contracts
Samples: Project Agreement, Project Agreement, Project Agreement
