Common use of Requested Replacement Clause in Contracts

Requested Replacement. In the event that TxDOT determines lawfully and in good faith that the continued assignment of any individual Service Provider Personnel (including Key Service Provider Personnel) to the performance of the Services is not in the best interests of TxDOT, then TxDOT may give Service Provider written notice to that effect requesting that such Service Provider Personnel be replaced. Service Provider shall have ten (10) Business Days following TxDOT's request for removal of such Service Provider Personnel in which to investigate the matters forming the basis of such request, correct any deficient performance and provide TxDOT with assurances that such deficient performance shall not recur (provided that, if requested to do so by TxDOT, Service Provider shall immediately remove (or cause to be removed) the individual in question from all TxDOT Sites pending completion of Service Provider's investigation and discussions with TxDOT). If, following such ten (10) Business Day period, TxDOT is not reasonably satisfied with the results of Service Provider's efforts to correct the deficient performance and/or to prevent its recurrence, Service Provider shall, as soon as possible, remove and replace such Service Provider Personnel with an individual of suitable ability and qualifications, at no additional cost to TxDOT. Nothing in this provision shall operate or be construed to limit Service Provider's responsibility for the acts or omissions of Service Provider Personnel, or be construed as joint employment of the Service Provider Personnel.

Requested Replacement. In the event that TxDOT DIR determines lawfully and in good faith that the continued assignment of any individual Service Provider Personnel Successful Respondent personnel (including Key Service Provider Personnel) to the performance of the Services is does not in conform to the best interests of TxDOTServices warranted under this Agreement, then TxDOT DIR may give Service Provider written Successful Respondent notice to that effect requesting that such Service Provider Personnel Successful Respondent personnel be replaced. Service Provider Successful Respondent shall have ten (10) DIR Business Days following TxDOTDIR's request for removal of such Service Provider Personnel Successful Respondent personnel in which to investigate the matters forming the basis of such request, correct any deficient performance performance, and provide TxDOT DIR with assurances that such deficient performance shall not recur (provided that, if requested to do so by TxDOTDIR, Service Provider Successful Respondent shall immediately remove (or cause to be removed) the individual in question from all TxDOT Sites DIR Facilities pending completion of Service Provider's Successful Respondent’s investigation and discussions with TxDOTDIR). If, following such ten (10) DIR Business Day period, TxDOT DIR is not reasonably satisfied with the results of Service Provider's Successful Respondent’s efforts to correct the deficient performance and/or to prevent its recurrence, Service Provider Successful Respondent shall, as soon as possible, remove and replace such Service Provider Personnel Successful Respondent personnel with an individual of suitable ability and qualifications, at no additional cost to TxDOTDIR. Nothing in this provision shall operate or be construed to limit Service Provider's Successful Respondent’s responsibility for the acts or omissions of Service Provider PersonnelSuccessful Respondent personnel, or be construed as joint employment of the Service Provider PersonnelSuccessful Respondent personnel.