Common use of SERVICE PROVIDER’S PERSONNEL Clause in Contracts

SERVICE PROVIDER’S PERSONNEL. The CLIENT reserves the right under the Contract to refuse to admit to any premises occupied by or on behalf of the CLIENT any person employed or engaged by the SERVICE PROVIDER, or by a sub-contractor, whose admission would be, in the opinion of the CLIENT, undesirable. If and when directed by the CLIENT, the SERVICE PROVIDER shall provide a list of the names and addresses of all persons who it is expected may require admission in connection with the performance of the Contract, to any premises occupied by or on behalf of the CLIENT, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the CLIENT may reasonably require. If and when directed by the CLIENT, the SERVICE PROVIDER shall secure that any person employed or engaged by the SERVICE PROVIDER or by a sub-contractor, who is specified in the direction or is one of a class of persons who may be so specified, shall sign a statement that he understands that the Official Secrets Acts 1911 to 1989 apply to him both during the term of and after the expiry or termination of the Contract. The SERVICE PROVIDER's representatives, engaged within the boundaries of a Government establishment, shall comply with such rules, regulations and requirements (including those relating to security arrangements) as may be in force from time to time for the conduct of personnel when at that establishment and when outside that establishment. If the SERVICE PROVIDER shall fail to comply with Clause 25.2 and if the CLIENT (whose decision shall be final and conclusive) shall decide that such failure is prejudicial to the interests of the State and if the SERVICE PROVIDER does not comply with the provisions of Clause 25.2 within a reasonable time of written notice so to do then the CLIENT may terminate the Contract provided always that such termination shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to the CLIENT. The decision of the CLIENT as to whether any person is to be refused admission to any Premises occupied by or on behalf of the CLIENT and as to whether the SERVICE PROVIDER has failed to comply with Clause 25.2 shall be final and conclusive. No enquiry, inspection, approval, sanction, comment, consent decision or instruction at any time made or given on behalf of the CLIENT to any document or information provided by the SERVICE PROVIDER, and no failure of the CLIENT to discern any defect in or omission from any such document or information shall operate to exclude or limit the obligation of the SERVICE PROVIDER to act in accordance with all the reasonable requirements of a professional solicitor employed in a client/solicitor relationship.

SERVICE PROVIDER’S PERSONNEL. The CLIENT reserves Parties confirm that the right under Transfer of Undertakings (Protection of Employment) Regulations 2006 as amended do not apply on the Contract to refuse to admit to any premises occupied by Commencement Date or on behalf of the CLIENT any person employed or engaged by the SERVICE PROVIDER, or by a sub-contractor, whose admission would be, in the opinion of the CLIENT, undesirable. If and when directed by the CLIENT, the SERVICE PROVIDER shall provide a list of the names and addresses of all persons who it is expected may require admission in connection with the performance of the Contract, to any premises occupied by or on behalf of the CLIENT, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the CLIENT may reasonably require. If and when directed by the CLIENT, the SERVICE PROVIDER shall secure that any person employed or engaged by the SERVICE PROVIDER or by a sub-contractor, who is specified in the direction or is one of a class of persons who may be so specified, shall sign a statement that he understands that the Official Secrets Acts 1911 to 1989 apply to him both during the term of and after the expiry or termination of this Contract. Nothing in this Contract will render the Service Provider’s Personnel, an employee, agent or partner of the Authority or, where TfL is the Authority any member of the TfL Group by virtue of the provision of the Services by the Service Provider under the Contract, and the Service Provider shall be responsible for making appropriate deductions for tax and national insurance contributions from the remuneration paid to the Service Provider’s Personnel. The Service Provider shall provide the Service Provider’s Personnel as necessary for the proper and timely performance and management of the Services in accordance with the Contract. The SERVICE PROVIDER's representatives, engaged within the boundaries of a Government establishment, shall comply with such rules, regulations and requirements (including those All personnel deployed on work relating to security arrangementsthe Contract shall have the appropriate qualifications and competence, be properly managed and supervised and in these and any other respects be acceptable to the Authority. Without prejudice to any of the Authority’s other rights, powers or remedies, the Authority may (without liability to the Service Provider) as deny access to such Service Provider’s Personnel to any Authority Premises if such Service Provider’s Personnel in the Authority's view have not been properly trained in any way required by this Contract and/or are otherwise incompetent, negligent, and/or guilty of misconduct and/or who could be a danger to any person and shall notify the Service Provider of such denial in writing; the Service Provider shall immediately remove such Service Provider’s Personnel from performing the Services and provide a suitable replacement (with the Contract Manager’s prior consent in the case of Key Personnel). The Service Provider shall give the Authority, if so requested, full particulars of all persons who are or may be in force from time to time for the conduct of personnel when at that establishment and when outside that establishment. If the SERVICE PROVIDER shall fail to comply with Clause 25.2 and if the CLIENT (whose decision shall be final and conclusive) shall decide that such failure is prejudicial to the interests of the State and if the SERVICE PROVIDER does not comply with the provisions of Clause 25.2 within a reasonable time of written notice so to do then the CLIENT may terminate the Contract provided always that such termination shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to the CLIENT. The decision of the CLIENT as to whether any person is to be refused admission to any Premises occupied by or on behalf of the CLIENT and as to whether the SERVICE PROVIDER has failed to comply with Clause 25.2 shall be final and conclusive. No enquiry, inspection, approval, sanction, comment, consent decision or instruction at any time made employed on the Contract and shall take all reasonable steps to avoid changes to any of its staff designated in the Contract as Key Personnel. The Service Provider shall give the Authority reasonable notice of any proposals to change Key Personnel and Clause 8.3 shall apply to the proposed replacement personnel. Notwithstanding Clause 8.1, the Service Provider shall indemnify, keep indemnified and hold harmless the Authority from and against all Losses which the Authority or given on behalf where TfL is the Authority the TfL Group incur or suffer, whenever such Losses may arise or be brought by the Service Provider’s Personnel or any person who may allege to be the same. The Service Provider shall pay to the Service Provider’s Personnel not less than the amounts declared to the Authority (if any) as part of the CLIENT tender process for the Contract and not less than the amounts to any document or information provided by which the SERVICE PROVIDERService Provider’s Personnel are contractually entitled. The Service Provider shall provide training to the Authority’s personnel (including its employees, officers, suppliers, sub-contractors and no failure of agents) as agreed in the CLIENT to discern any defect in or omission from any such document or information shall operate to exclude or limit the obligation of the SERVICE PROVIDER to act in accordance with all the reasonable requirements of a professional solicitor employed in a client/solicitor relationship.tender..