Common use of Prohibition Against Change in Key Personnel Clause in Contracts

Prohibition Against Change in Key Personnel. For all of the same reasons stated in Section 5.02.1 above, the Developer hereby agrees that, except as otherwise expressly provided herein, during the period commencing on the date hereof and continuing until the issuance of the Certificate of Completion by the Town, it shall assign to the Project the individuals identified as “Project Principal”, “Project Manager”, or otherwise identified in the “Qualifications Statement” submitted as part of the Proposal as key individuals from the Developer to be assigned substantive roles with the Project, and that such persons will devote such time to the Project as is necessary and appropriate to the full and timely performance of this Agreement by the Developer. The Developer agrees that none of such persons will be removed from his or her responsibilities on the Project without the written consent of the Town (which consent shall not be unreasonably withheld), except in the event of his or her death, disability or departure from the employment of the Developer, or upon the written request of the Town. In the event, however, that any of such persons are so removed or leave the Developer’s employ, any subsequent personnel proposed by the Developer must be approved in advance by the Town, which approval shall not be unreasonably withheld. In addition, the Developer hereby agrees to use its best efforts to cause the architect(s), engineer(s) and other consultants identified in the Proposal as a member of the Developer’s team for the Project (i) to assign to the Project for the period commencing on the date hereof and continuing until the issuance of the Certificate of Completion by the Town, their respective principals and employees identified in the “Qualifications Statement” submitted as part of the Proposal, (ii) to enable such persons to devote such time to the Project as is necessary and appropriate to the full and timely performance of this Agreement by the Developer, (iii) not to remove any such persons from his or her responsibilities on the Project without the written consent of the Town (which consent shall not be unreasonably withheld), except in the event of his or her death, disability or departure from their current employment, or upon the written request of the Town, and (iv) in the event, however, that any of such persons are so removed or leave their current employer’s employ, to obtain the prior approval by the Town of any proposed replacement personnel, which approval shall not be unreasonably withheld. The individuals identified by title in, or otherwise described in, this Section are referred to in this Agreement, collectively, as the Developer’s “Key Personnel”. R estrictions Continuing after Completion of Construction.

Appears in 2 contracts

Samples: Land Disposition Agreement, Land Disposition Agreement

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Prohibition Against Change in Key Personnel. For all of the same reasons stated in Section 5.02.1 above, the Developer hereby agrees that, except as otherwise expressly provided herein, during the period commencing on the date hereof and continuing until the issuance of the Certificate of Completion by the Town, it shall assign to the Project the individuals identified as “Project Principal”, “Project Manager”, or otherwise identified in the “Qualifications Statement” submitted as part of the Proposal as key individuals from the Developer to be assigned substantive roles with the Project, and that such persons will devote such time to the Project as is necessary and appropriate to the full and timely performance of this Agreement by the Developer. The Developer agrees that none of such persons will be removed from his or her responsibilities on the Project without the written consent of the Town (which consent shall not be unreasonably withheld), except in the event of his or her death, disability or departure from the employment of the Developer, or upon the written request of the Town. In the event, however, that any of such persons are so removed or leave the Developer’s employ, any subsequent personnel proposed by the Developer must be approved in advance by the Town, which approval shall not be unreasonably withheld. In addition, the Developer hereby agrees to use its best efforts to cause the architect(s), engineer(s) and other consultants identified in the Proposal as a member of the Developer’s team for the Project (i) to assign to the Project for the period commencing on the date hereof and continuing until the issuance of the Certificate of Completion by the Town, their respective principals and employees identified in the “Qualifications Statement” submitted as part of the Proposal, (ii) to enable such persons to devote such time to the Project as is necessary and appropriate to the full and timely performance of this Agreement by the Developer, (iii) not to remove any such persons from his or her responsibilities on the Project without the written consent of the Town (which consent shall not be unreasonably withheld), except in the event of his or her death, disability or departure from their current employment, or upon the written request of the Town, and (iv) in the event, however, that any of such persons are so removed or leave their current employer’s employ, to obtain the prior approval by the Town of any proposed replacement personnel, which approval shall not be unreasonably withheld. The individuals identified by title in, or otherwise described in, this Section are referred to in this Agreement, collectively, as the Developer’s “Key Personnel”. R estrictions Continuing after Completion of Construction.

Appears in 1 contract

Samples: Land Disposition Agreement

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Prohibition Against Change in Key Personnel. For all of the same reasons stated in Section 5.02.1 above, the Developer hereby agrees that, except as otherwise expressly provided herein, during the period commencing on the date hereof and continuing until the issuance of the Certificate of Completion by the Town, it shall assign to the Project the individuals identified as “Project Principal”, “Project Manager”, or otherwise identified in the “Qualifications Statement” submitted as part of the Proposal as key individuals from the Developer to be assigned substantive roles with the Project, and that such persons will devote such time to the Project as is necessary and appropriate to the full and timely performance of this Agreement by the Developer. The Developer agrees that none of such persons will be removed from his or her responsibilities on the Project without the written consent of the Town (which consent shall not be unreasonably withheld), except in the event of his or her death, disability or departure from the employment of the Developer, or upon the written request of the Town. In the event, however, that any of such persons are so removed or leave the Developer’s employ, any subsequent personnel proposed by the Developer must be approved in advance by the Town, which approval shall not be unreasonably withheld. In addition, the Developer hereby agrees to use its best efforts to cause the architect(s), engineer(s) and other consultants identified in the Proposal as a member of the Developer’s team for the Project (i) to assign to the Project for the period commencing on the date hereof and continuing until the issuance of the Certificate of Completion by the Town, their respective principals and employees identified in the “Qualifications Statement” submitted as part of the Proposal, (ii) to enable such persons to devote such time to the Project as is necessary and appropriate to the full and timely performance of this Agreement by the Developer, (iii) not to remove any such persons from his or her responsibilities on the Project without the written consent of the Town (which consent shall not be unreasonably withheld), except in the event of his or her death, disability or departure from their current employment, or upon the written request of the Town, and (iv) in the event, however, that any of such persons are so removed or leave their current employer’s employ, to obtain the prior approval by the Town of any proposed replacement personnel, which approval shall not be unreasonably withheld. The individuals identified by title in, or otherwise described in, this Section are referred to in this Agreement, collectively, as the Developer’s “Key Personnel”. R estrictions Restrictions Continuing after Completion of Construction.Construction.‌

Appears in 1 contract

Samples: Land Disposition Agreement

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