Common use of SUPPLIER’S PERSONNEL Clause in Contracts

SUPPLIER’S PERSONNEL. 3.1 All persons providing Services under this Agreement are collectively referred to herein as “Supplier’s Personnel”. If requested by Company, Supplier shall list the names of all Supplier’s Personnel in Schedule A Global Nuclear Fuel MSA Template, Rev.3 August 21, 2015 hereto, indicating the relationship between Supplier and any person who is not Supplier’s full-time employee. Without Company’s prior written approval, Supplier shall not use any person to render Services who is not listed on Schedule A and/or who has been employed by Supplier less than six (6) months prior to the start date of such person’s performance under this Agreement. Company shall have the right to approve each such Supplier’s Personnel before assignment to any effort to be undertaken by Supplier, the granting of access to any Company facility and the disclosure of any Company information. All Supplier’s Personnel participating in the furnishing of any Services shall sign a copy of Schedule B hereto, Secrecy and Inventions Agreement, which shall be forwarded to Company by Supplier to the address listed on such document. Supplier shall not employ any Supplier Personnel that Company may object to for any reason. All subcontractors who are engaged as part of Supplier Personnel shall meet all qualifications of Company’s approved Suppliers and be approved by Company. Supplier shall provide a list of subcontractors before engaging in any Services or providing any Deliverables for such approval. To the extent that Company approves a subcontractor, such subcontractor shall be engaged to do so under written contracts with Supplier with terms and conditions that are no less restrictive than the terms and conditions of this Agreement. Supplier Personnel shall not include any competitors of GE, without GE’s written permission. In no event, shall Supplier be relieved of its obligations hereunder because of the use of subcontractors. Company has the right, but not the obligation, to require Environment, Health and Safety (“EHS”) prequalification of all Supplier Personnel before they may be deployed to any Company or Owner site. When required by Company, Supplier shall successfully complete EHS prequalification managed through Company’s third-party provider (e.g., ComplyWorks). Supplier agrees to obtain an “Approved” EHS prequalification status from Company’s third-party EHS prequalification provider before providing any Services on Company’s site or an Owner’s site, and shall maintain the “Approved” status through completion of the Services. Supplier agrees to implement an EHS risk mitigation plan, as applicable, resulting from the EHS prequalification findings. Supplier will be responsible for paying the annual account management fee charged by Company’s third party EHS prequalification provider. Prequalification of Supplier’s subcontractors of any tier may be managed through GE’s third-party EHS prequalification provider or through an equivalent process meeting GE’s EHS prequalification standard.

Appears in 2 contracts

Samples: Master Services Agreement, Master Services Agreement

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SUPPLIER’S PERSONNEL. 3.1 All persons providing Services under this Agreement are collectively referred to herein as “Supplier’s Personnel”. If requested by Company, Supplier shall list the names of all Supplier’s Personnel in Schedule A Global Nuclear Fuel GE-Hitachi MSA Template, Rev.3 August 21, 2015 hereto, indicating the relationship between Supplier and any person who is not Supplier’s full-time employee. Without Company’s prior written approval, Supplier shall not use any person to render Services who is not listed on Schedule A and/or who has been employed by Supplier less than six (6) months prior to the start date of such person’s performance under this Agreement. Company shall have the right to approve each such Supplier’s Personnel before assignment to any effort to be undertaken by Supplier, the granting of access to any Company facility and the disclosure of any Company information. All Supplier’s Personnel participating in the furnishing of any Services shall sign a copy of Schedule B hereto, Secrecy and Inventions Agreement, which shall be forwarded to Company by Supplier to the address listed on such document. Supplier shall not employ any Supplier Personnel that Company may object to for any reason. All subcontractors who are engaged as part of Supplier Personnel shall meet all qualifications of Company’s approved Suppliers and be approved by Company. Supplier shall provide a list of subcontractors before engaging in any Services or providing any Deliverables for such approval. To the extent that Company approves a subcontractor, such subcontractor shall be engaged to do so under written contracts with Supplier with terms and conditions that are no less restrictive than the terms and conditions of this Agreement. Supplier Personnel shall not include any competitors of GE, without GE’s written permission. In no event, shall Supplier be relieved of its obligations hereunder because of the use of subcontractors. Company has the right, but not the obligation, to require Environment, Health and Safety (“EHS”) prequalification of all Supplier Personnel before they may be deployed to any Company or Owner site. When required by Company, Supplier shall successfully complete EHS prequalification managed through Company’s third-party provider (e.g., ComplyWorks). Supplier agrees to obtain an “Approved” EHS prequalification status from Company’s third-party EHS prequalification provider before providing any Services on Company’s site or an Owner’s site, and shall maintain the “Approved” status through completion of the Services. Supplier agrees to implement an EHS risk mitigation plan, as applicable, resulting from the EHS prequalification findings. Supplier will be responsible for paying the annual account management fee charged by Company’s third party EHS prequalification provider. Prequalification of Supplier’s subcontractors of any tier may be managed through GE’s third-party EHS prequalification provider or through an equivalent process meeting GE’s EHS prequalification standard.

Appears in 2 contracts

Samples: Master Services Agreement, Master Services Agreement

SUPPLIER’S PERSONNEL. 3.1 All persons providing Services The Supplier Personnel shall be regarded at all times as employees agents or subcontractors of the Supplier and no relationship of employer and employee shall arise between the Company and any Supplier Personnel under any circumstances regardless of the degree of supervision (if any) that may be exercised over the Supplier Personnel by the Company. The Supplier shall ensure that the Supplier Personnel abide by all of the provisions of this Agreement are collectively referred to herein as “Supplier’s Personnel”which impose obligations on them and all reasonable directions given by the Company. If requested by Company, The Supplier shall list ensure that any written or oral representations and all facts relating to the names of Supplier Personnel that are provided to the Company are materially correct and that all Supplier’s qualifications, accreditations and experience that the Supplier Personnel in Schedule A Global Nuclear Fuel MSA Template, Rev.3 August 21, 2015 hereto, indicating are stated to possess have been checked thoroughly by the relationship between Supplier and verified as accurate. The Company reserves the right to refuse to admit, or remove from, any person who is not Supplier’s full-time employee. Without premises occupied by or on behalf of it, any Supplier Personnel whose admission or presence would, in the Company’s prior written approval, reasonable opinion be undesirable or who represents a threat to confidentiality or security or whose presence would be in breach of any rules and regulations governing the Company’s own staff provided that the Company notifies the Supplier of any such refusal (with reasons why). The exclusion of any such individual from such premises shall not use any person to render Services who is not listed on Schedule A and/or who has been employed by relieve the Supplier less than six (6) months prior to from the start date performance of such person’s performance its obligations under this Agreement. Company shall have If and when directed by the right to approve each such Supplier’s Personnel before assignment to any effort to be undertaken by SupplierCompany, the granting of access to any Company facility and the disclosure of any Company information. All Supplier’s Personnel participating in the furnishing of any Services shall sign a copy of Schedule B hereto, Secrecy and Inventions Agreement, which shall be forwarded to Company by Supplier to the address listed on such document. Supplier shall not employ any Supplier Personnel that Company may object to for any reason. All subcontractors who are engaged as part of Supplier Personnel shall meet all qualifications of Company’s approved Suppliers and be approved by Company. Supplier shall provide a list of subcontractors before engaging the names and business addresses of all persons who may require admission to the Sites or any other premises in any connection with the performance of the Services or providing any Deliverables for under this Agreement, specifying the capacities in which they are entering such approvalpremises and giving such other particulars as the Company may reasonably require. To Failure by the extent that Company approves Supplier to comply with the provisions of clause 11.5 within a subcontractor, such subcontractor shall be engaged reasonable time of written notice to do so under written contracts with will entitle the Company to refuse admission to any Site to any person who has not been notified to the Company. The Supplier with terms shall ensure that the Supplier Personnel continue in the functions and conditions that responsibilities to which they are no less restrictive than assigned to the terms and conditions Company for as long as required by the Company during the course of this Agreement. If any re-assignment by the Supplier of any of the Supplier Personnel is necessary, or if the Company advises that any Supplier Personnel assigned are in any respect unsatisfactory, including where any such Supplier Personnel are, or are expected to be or have been absent for any period for whatever reason (including without limitation sickness or holiday) or if there is any breach (or if the Company reasonably suspects any breach) of the Company’s equality and diversity policies by any Supplier Personnel or if the employment of these Supplier Personnel by the Supplier is terminated for any reason, then the Supplier will promptly supply a replacement of equivalent calibre and experience at no additional cost or expense to the Company, and any such replacement shall be approved by the Company prior to commencing provision of the Services, such approval not to be unreasonably withheld. The Supplier shall procure that all Supplier Personnel shall hold all valid accreditations as is necessary to provide the Services in compliance with all regulatory requirements, and hold such valid accreditations as the Company deems necessary and as specified in Schedule 1. The Company shall not include be responsible for any competitors costs or expenses whatsoever related to the Supplier’s compliance with this clause. The Supplier shall ensure that the applicable accreditations held by the relevant Supplier Personnel remain valid throughout the duration of GE, without GE’s written permissionthis Agreement. In no event, shall The Supplier be relieved will indemnify and hold the Company and each of its obligations hereunder because of the use of subcontractors. Company has the right, but not the obligation, to require Environment, Health and Safety (“EHS”) prequalification Affiliates harmless on written demand in respect of all losses, damages, costs and expenses and other liabilities (including legal fees, disbursements and expenses) incurred by or awarded against the Company resulting from any breach of this clause. The Supplier Personnel before they may be deployed will ensure that, where appropriate, its employees and trainers have been checked with the Disclosure Barring Service prior to any Company or Owner site. When required by Company, Supplier shall successfully complete EHS prequalification managed through Company’s third-party provider (e.g., ComplyWorks). Supplier agrees to obtain an “Approved” EHS prequalification status from Company’s third-party EHS prequalification provider before providing any Services on Company’s site or an Owner’s site, and shall maintain the “Approved” status through completion delivery of the Services. Without prejudice Clauses 11.1 and 13.2(e)The Supplier agrees to implement an EHS risk mitigation plan, as applicable, resulting will perform and discharge all obligations in respect of the Supplier Personnel for its own account. The Supplier will indemnify the Company against all Personnel Liabilities arising from the EHS prequalification findings. Supplier will be responsible for paying the annual account management fee charged by Company’s third party EHS prequalification provider. Prequalification of Supplier’s subcontractors failure to perform and discharge any such obligation and against all Personnel Liabilities arising out of or as a result of: any act or omission by the Supplier; all emoluments and outgoings in relation to the Supplier Personnel (including without limitation all wages, bonuses, PAYE, national insurance contributions, pension contributions and otherwise); any statement communicated to or action done by the Supplier to any Supplier Personnel which has not been agreed in advance by the Company in writing. The Project Manager may on notice require the Supplier to remove (or cause to be removed) any member of the Supplier Personnel, who, in the reasonable opinion of the Company or the Project Manager persists in any misconduct, is guilty of any tier may gross or wilful misconduct, is incompetent or negligent in the performance of their duties, fails to conform with any material provisions of this Agreement or persists in any conduct which is prejudicial to safety, health, or the protection of the environment. The Supplier and the Supplier Personnel shall comply with all reasonable directions given by the Company. The following Supplier Personnel persons are considered to be managed through GE’s third-party EHS prequalification provider or through an equivalent process meeting GE’s EHS prequalification standardKey Personnel: Name Position TBC TBC TBC TBC … … Without prejudice to the generality of Clause 11.7, Supplier acknowledges the importance of the Key Personnel to the delivery of the Services and shall take all reasonable steps, at its own expense, to ensure that they remain allocated to the delivery of the Services.

Appears in 1 contract

Samples: chamaeleons.com

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SUPPLIER’S PERSONNEL. 3.1 All persons providing Services The Supplier Personnel shall be approved in advance and in writing by MWC and shall comply with the qualification requirements set forth under this Agreement the Contract Documents (as applicable) and requirements of all Laws and Regulations and any Relevant Authority. Substitutions of any of the Supplier’s Personnel shall be subject to approval of MWC or made at its requirement. In the event MWC determines the Supplier successfully demonstrates that (i) the proposed substitute complies with the applicable requirements of the Contract Documents and all Laws and Regulations and Relevant Authorities; and (ii) the proposed substitute qualifications are collectively referred equivalent or superior to herein as “the qualifications of the approved Supplier’s Personnel (to the extent such were determined with regard to the respective person), MWC will not unreasonably reject the replacement (whether initiated by the Supplier or by MWC). It is hereby explicitly provided, that the employment of Supplier’s Personnel shall not derogate in any manner from the Supplier's full and sole responsibility and liability for the execution of the Project. Subject to the limitation of liability at Section 27.1 (The Supplier's Liability), the Supplier shall bear all direct and indirect liability towards MWC for any act or omission including those of any of the Supplier’s Personnel. If requested by Company, Supplier shall list In the names event of all a civil wrong arising from any act or omission of a Supplier’s Personnel in Schedule A Global Nuclear Fuel MSA Templatethe execution of the Project, Rev.3 August 21, 2015 hereto, indicating the relationship between Supplier and any person who is not Supplier’s full-time employee. Without Company’s prior written approval, Supplier shall not use any person to render Services who is not listed on Schedule A and/or who has been employed by Supplier less than six (6) months prior to the start date of such person’s performance under this Agreement. Company shall have the right to approve each such Supplier’s Personnel before assignment to any effort shall be deemed to be undertaken by Supplier, the granting agent of access to any Company facility the Supplier and the disclosure Supplier shall be prevented from claiming an exemption from its liability, including through reliance on any Laws and Regulations, including Section 15 of any Company informationthe Civil Wrongs Ordinance (New Version). All Ensure that it and the Supplier’s Personnel participating timely obtain and hold valid, at all times throughout the Contract Period, all required Permits and are duly registered in all mandatory registrations, applicable to the furnishing performance of any Services shall sign a copy of Schedule B hereto, Secrecy and Inventions Agreement, which shall be forwarded to Company by Supplier to the address listed on such document. Supplier shall not employ any Supplier Personnel that Company may object to for any reason. All subcontractors who are engaged as part of Supplier Personnel shall meet all qualifications of Companythe Works. The Supplier’s approved Suppliers and be approved by Company. Supplier shall provide a list of subcontractors before engaging in any Services or providing any Deliverables for such approval. To the extent that Company approves a subcontractor, such subcontractor shall be engaged to do so under written contracts with Supplier with terms and conditions that are no less restrictive than the terms and conditions of this Agreement. Supplier Personnel shall not include be deemed as employees of MWC. Accordingly, the Supplier shall bear full and sole responsibility for the Supplier's Personnel including for all applicable requirements set forth under (i) all Laws and Regulations; and/or (ii) specific or collective agreements including the payment of wages, salaries and any competitors other payments due to or in connection with the engagement between the Supplier and its Personnel in relation to the Project; and/or (iii) specific requirements of GE, without GE’s written permissionany Relevant Authority. In no event, The Supplier shall Supplier be relieved of its obligations hereunder because fully and solely responsible for any act and/or omission of the use of subcontractorsSupplier's Personnel. Company has the right, but not the obligation, to require Environment, Health and Safety (“EHS”) prequalification of all Supplier Personnel before they may be deployed to any Company or Owner site. When required by Company, The Supplier shall successfully complete EHS prequalification managed through Companycomply with all the relevant labor Laws applicable to the Supplier’s third-party provider Personnel, including Laws relating to their terms of employment (e.g.including stipulation relating to the employment and terms thereof of foreign workers), ComplyWorks). Supplier agrees to obtain an “Approved” EHS prequalification status from Company’s third-party EHS prequalification provider before providing any Services on Company’s site or an Owner’s sitehealth, safety, welfare, immigration and emigration, and shall maintain ensure all their legal rights are always kept and provided. The Supplier shall pay any and all local and foreign taxes, levies and other mandatory payments with respect to the “Approved” status through completion of the Services. Supplier agrees to implement an EHS risk mitigation planSupplier’s Personnel, including, without limitation, social security, income tax and health insurance, as applicable. The Supplier shall require his employees to obey all Laws and Regulations and instructions of Relevant Authorities, resulting from including those concerning health and safety at work. The Supplier shall obtain, at his sole and exclusive responsibility and expense, permits and authorizations with regard to the EHS prequalification findings. Supplier will be responsible for paying employment (including that of foreign workers) and presence on Site of the annual account management fee charged by Company’s third party EHS prequalification provider. Prequalification of Supplier’s subcontractors of any tier may be managed through GE’s third-party EHS prequalification provider or through an equivalent process meeting GE’s EHS prequalification standardPersonnel.

Appears in 1 contract

Samples: wold.mekorot.co.il

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