Replacement of Key Staff. 1) The Contractor may replace Key Staff only with the prior written consent of The Principal.
Replacement of Key Staff. To ensure continuity and high quality in the performance of the Services, the Consultant shall to the greatest extent possible avoid replacing Key Staff. In the exceptional case where the Consultant deems a replacement necessary, this can only be done with the prior written acceptance of the Client. The Consultant’s request for replacement of Key Staff must be sent to the Client as soon as possible. Such request must include a detailed and exhaustive account for the reason(s) for requesting the replacement. The Clients acceptance shall not be unreasonably withheld. The Client may by written notice require the immediate removal and subsequent replacement of Key Staff at the Consultant’s cost if the Client reasonably deems this Key Staff to be guilty of misconduct or to be unfit to perform the Service, for example if the qualifications of a member of the Key Staff in fact do not correspond to the CV submitted by the Consultant. In case of replacement of Key Staff, the new team member must have at minimum the same qualifications as the replaced Key Staff. This can be documented by presenting the Client with the CV of the new Key Staff; containing the same information as the CV’s initially submitted by the Consultant as part of its offer. Replacement of Key Staff shall not impose any cost on the Client and shall not result in any delay in the performance of the Services. Where Key Staff are replaced on request of the Consultant, or by request of the Client for reasons of established misconduct or inability to perform the Services, all cost of replacement (including but not limited to cost of home travel by the replaced person and any eligible dependents, outward travel by the replacement and any eligible dependents, extra travel and other expenses due to the number of eligible dependents or any overlap) shall be borne by the Consultant. Fee rates for replacements shall be calculated in accordance with Appendix 3. The fee rate of a replacement shall not exceed that of the replaced Key Staff. If the fee rate of a replacement is less than that of the replaced Key Staff, the former rate shall apply. If the Consultant requests replacement of Key Staff, and the Client accepts the requested replacement, the Consultant shall pay an administration fee of DKK 100,000 if the replacement concerns a Key Staff on Long-term assignment and DKK 50,000 if the replacement concerns other Key Staff, respectively. The administration fee is fixed and payable for each of the Key Staf...
Replacement of Key Staff. 37.1 Except as the Employer may otherwise agree in writing, no changes shall be made in the Key Staff. 37.2 Notwithstanding the above, the substitution of Key Staff during Contract execution may be considered only based on the Consultant’s written request and due to circumstances outside the reasonable control of the Consultant, including but not limited to death or medical incapacity. In such case, the Consultant shall forthwith provide as a replacement, a person of equivalent or better qualifications and experience, and at the same rate of remuneration. 38.
Replacement of Key Staff. Except in cases where the timing of the replacement is outside the Vendor’s control (including illness, disability, resignation, death, or for cause termination of Key Staff), the Vendor will not remove or reassign any Key Staff until a replacement with equal or superior experience and qualifications has been reviewed and approved by the Department, the replacement has completed all required onboarding, knowledge transfer, and training activities, including training the replacement on the Department’s and the Project’s policies and procedures, and the replacement has shadowed (i.e., accompanied and observed the individual full time while performing the targeted job) the Key Staff he or she is replacing for a period of at least 20 business days prior to the replacement taking effect, at no additional cost to the Department. To that end, whenever possible, the Vendor will give the Department notice at least 60 business days in advance of a proposed change in Key Staff. If the Vendor removes any Key Staff from his or her assigned role or the Project without the prior written consent of the Department, it shall be considered an Unauthorized Removal unless the removal or replacement is outside the Vendor’s control (including illness, disability, resignation, death, or for cause termination of Key Staff). It is acknowledged that career advancement of Key Staff may be considered a legitimate reason for reassignment and the Department’s consent to such reassignment will not be unreasonably withheld. Any Unauthorized Removal may be considered by the Department to be a material breach of the Agreement, which shall entitle the Department to impose financial consequences in the form of liquidated damages, as set forth in Exhibit I – Service Level Expectations, or terminate the Agreement for cause. It is acknowledged that an Unauthorized Removal will interfere with the timely and proper completion of the Project, to the loss and damage of the Department and the State, and that it would be impracticable and extremely difficult to fix the actual damage sustained by the Department and the State as a result of any Unauthorized Removal. Therefore, Vendor and the Department agree that, in the case of any Unauthorized Removal in respect of which the Department may not elect to exercise its rights to terminate this Agreement, the Department may assess liquidated damages against the Vendor associated to staffing changes as specified in Exhibit I – Service Level Expectations. Fo...
