Replacement Candidate Clause Samples
The Replacement Candidate clause establishes the process and conditions under which a party may substitute one individual or entity for another in fulfilling contractual obligations. Typically, this clause outlines the qualifications required for the replacement, the notice period to be given, and any approval rights the other party may have over the new candidate. Its core function is to ensure continuity and maintain agreed standards in performance, while providing flexibility to address unforeseen circumstances such as unavailability or unsuitability of the original candidate.
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Replacement Candidate. In the event that a Candidate accepts an Engagement with the Client in relation to which Engagement the Client has paid a Service Fee, but any of the following circumstances occur (the “Relevant Circumstances”): the Candidate voluntarily (i.e. not by reason of any action or omission by Client) does not commence the Engagement on (or within four weeks of) the agreed commencement date; the Candidate commences the Engagement but voluntarily (i.e. not by reason of any action or omission by Client) terminates the Engagement within the first four weeks of commencing such Engagement (other than by reason of a breach by the Client of the terms of the Engagement contract with the Candidate); or the Client terminates the Engagement of the Candidate within the first four weeks of such Engagement commencing for reasons of gross misconduct on the part of the Candidate (“gross misconduct” being as determined in accordance with guidance set out by ACAS), then the Client should notify the Agency of any such event(s) within seven days of the Relevant Circumstance occurring. If the Client so notifies the Agency, the Agency will use its reasonable endeavours to make six further introductions to the Client (at no further charge to the Client) of potential replacement Candidates (“Potential Replacement Candidates”) which Potential Replacement Candidates conform in all material aspects, in the Agency’s sole opinion (acting reasonably), with the requirements for a Candidate originally provided to the Agency by the Client. If, having been notified by the Client of the occurrence of a Relevant Circumstance as required in Clause 8.1 above, the Agency has not made the additional introductions referred to in that Clause by the date which is four weeks after the notification (the “Refund Date”), the Agency shall (except as otherwise provided in this Clause 8 below) refund the following percentage of the Service Fee actually paid to the Agency by the Client in relation to the Candidate who left (meaning whose Engagement was formally terminated) or failed to commence the relevant Engagement: Client terminates the Engagement before the Candidate starts work or within 1 week of Engagement: 100% refund less £100 admin charge. Candidate did not start the Engagement or terminated the contract within 1-3 weeks of the Engagement starting: 50% refund less £100 admin charge. Candidate terminated the contract after 3 weeks but within 4 weeks of the Engagement starting: 25% refund less £50 admin c...
Replacement Candidate. The Recruitment Agent will provide Recruitment Services to source a Replacement Candidate. If the Recruitment Agent successfully provides ABL with a suitable Replacement Candidate who is subsequently hired by ABL, the Credit Note will be applied (unless ABL has already applied the Credit Note to a different transaction).