Project Executives. (a) The Project Executives for each of Customer and Service Provider shall be the personnel identified in Schedule L (the “Project Executive”). Service Provider’s Project Executive shall be interviewed and approved (such approval not to be unreasonably withheld) by Customer prior to commencing their tasks under this Agreement. (b) During the employment of the Project Executive with Service Provider, Service Provider shall cause Project Executive to provide Services under this Agreement to Customer for the earlier of (i) eighteen (18) months from the date of the Project Executive’s employment to provide Services under this Agreement, or (ii) the termination or expiration of this Agreement, unless the Agreement terminates earlier or the person earlier resigns from employment; is dismissed from employment with the Service Provider in any capacity; fails to perform his obligations; or is unable to work. Before assigning an individual to a Project Executive position, whether as an initial assignment or a subsequent assignment, Service Provider shall notify Customer of the proposed assignment, shall introduce the individual to Customer’s Project Executive, and shall, to the extent permissible under applicable law, provide Customer with a resume and other information (excluding the individual’s personnel file) about the individual reasonably requested by Customer. If Customer objects to the proposed assignment within ten (10) working days after being notified thereof, then Service Provider agrees to discuss such objections with Customer and attempt to resolve such concerns on a mutually agreeable basis. If the parties have not been able to resolve Customer’s concerns within five (5) additional working days, Service Provider shall not assign the individual to that position and shall propose to Customer the assignment of another individual of suitable ability and qualifications. (c) Service Provider shall not permit Service Provider Project Executive to provide services that are reasonably similar to the Services being provided by Service Provider to Customer under this Agreement for the benefit of any Competitor, during the Term and for a period of no less than one (1) year following the termination or expiration of this Agreement, assuming Service Provider Project Executive continues to be employed by Service Provider during such period. Service Provider is permitted to provide any Services, including services reasonably similar or the same as the Services, to other businesses of Service Provider and its Affiliates; provided, however, that Service Provider shall not (i) use or disclose any Confidential Information of Customer; or (ii) violate the terms of Section 11.7 of this Agreement.
Appears in 2 contracts
Sources: It Services Agreement, It Services Agreement (PharMerica CORP)