Seconded TXUED Personnel definition
Examples of Seconded TXUED Personnel in a sentence
Any tort claims brought by third parties for Losses caused by any act, omission, fault or negligence by Seconded TXUED Personnel in their performance of Services, other than claims arising from or in connection with (i) Seconded TXUED Personnel following instructions from Vendor or (ii) any act, omission, fault, negligence or gross negligence by Vendor.
Vendor shall not have any authority to hire, fire, impose discipline or otherwise to take personnel-related actions with respect to the Seconded TXUED Personnel.
With respect to the Seconded TXUED Personnel, Vendor shall not be responsible for implementing and administering TXUED human resources policies, practices or procedures, including those addressing hiring, compensation, promotions, transfers, terminations, employment related complaints general career development and performance management.
TXUED shall continue to be financially responsible for the compensation and employee benefits of the Seconded TXUED Personnel (collectively, “Employment Costs”), provided that prior to any Seconded TXUED Personnel assisting Vendor with Vendor’s performance of, or performing, any services, functions or responsibilities (including the Services) that benefit Vendor, the Parties shall agree on the amount of Employment Costs for which Vendor shall reimburse TXUED with respect to such Seconded TXUED Personnel.
Vendor will provide TXUED management personnel with direction regarding the activities of the Seconded TXUED Personnel in accordance with TXUED’s requirements and in consultation with the TXUED Account Executive or his/her designee.
The Parties agree that no employer and employee relationship is to be created between Vendor and the Seconded TXUED Personnel, and further that no employee benefits available to employees of Vendor shall accrue to the Seconded TXUED Personnel.
During the twelve (12) months following the applicable Services Agreement Commencement Date, TXUED may designate additional TXUED Personnel, including any Seconded TXUED Personnel, to whom offers of employment may be extended by Vendor at the discretion of Vendor.
Any claims by TXUED Personnel for death or bodily injury suffered at a Vendor Facility or in their performance of Services as Seconded TXUED Personnel other than claims for death or bodily injury caused by any act, omission, fault, negligence or gross negligence by Vendor.