Requested Replacement. In the event that DIR determines lawfully and in good faith that the continued assignment of any individual Successful Respondent Personnel (including Key Personnel) to the performance of the Services is not in the best interests of any DIR Customer, then DIR may give Successful Respondent notice to that effect requesting that such Successful Respondent Personnel be replaced. Successful Respondent shall have ten (10) DIR Business Days following DIR's request for removal of such Successful Respondent Personnel in which to investigate the matters forming the basis of such request, correct any deficient performance, and provide DIR with assurances that such deficient performance shall not recur (provided that, if requested to do so by DIR, Successful Respondent shall immediately remove (or cause to be removed) the individual in question from all DIR Facilities pending completion of Successful Respondent’s investigation and discussions with DIR). If, following such ten (10) DIR Business Day period, DIR is not reasonably satisfied with the results of Successful Respondent’s efforts to correct the deficient performance and/or to prevent its recurrence, Successful Respondent shall, as soon as possible, remove and replace such Successful Respondent Personnel with an individual of suitable ability and qualifications, at no additional cost to DIR. Nothing in this provision shall operate or be construed to limit Successful Respondent’s responsibility for the acts or omissions of Successful Respondent Personnel, or be construed as joint employment of the Successful Respondent Personnel.
Requested Replacement. In the event that DIR 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 any DIR Customer, then DIR may give Service Provider notice to that effect requesting that such Service Provider Personnel be replaced. Service Provider shall have ten (10) Business Days following DIR'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 DIR with assurances that such deficient performance shall not recur (provided that, if requested to do so by DIR, Service Provider shall immediately remove (or cause to be removed) the individual in question from all DIR Facilities pending completion of Service Provider's investigation and discussions with DIR). If, following such ten (10) Business Day period, DIR 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 DIR. 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 Kraft determines lawfully and in good faith that the continued assignment to Kraft of any individual Supplier Personnel (including Key Supplier Personnel) is not in the best interests of Kraft or the Eligible Recipients, then Kraft shall give Supplier notice to that effect requesting that such Supplier Personnel be replaced. Supplier shall have 10 business days following Kraft’s request for removal of such Supplier Personnel in which to investigate the matters forming the basis of such request, correct any deficient performance and provide Kraft with assurances that such deficient performance shall not recur (provided that, if requested to do so, Supplier shall immediately remove (or cause to be removed) the individual in question from all Kraft sites pending completion of Supplier’s investigation and discussions with Kraft). If, following such 10 business day period, Kraft is not reasonably satisfied with the results of Supplier’s efforts to correct the deficient performance and/or to ensure its non-recurrence, Supplier shall, as soon as possible, remove and replace such Supplier Personnel with an individual of suitable ability and qualifications, without cost to Kraft. Nothing in this provision shall operate or be construed to limit Supplier’s responsibility for the acts or omission of the Supplier Personnel, or be construed as joint employment.
Requested Replacement. (i) In the event that ABM determines in good faith that the continued assignment to ABM of any Key Supplier Personnel is not in the best interests of ABM or the Eligible Recipients, then ABM shall give Supplier notice to that effect requesting that such Key Supplier Personnel be replaced. Promptly after its receipt of such a request by ABM, Supplier shall replace (or cause to be replaced) such Key Supplier Personnel with an individual of suitable ability and qualifications. Nothing in this provision shall operate or be construed to limit Supplier’s responsibility for the acts or omission of the Supplier Personnel, or be construed as joint employment.
Requested Replacement. In the event that Triad determines lawfully and in good faith that the continued assignment to Triad of any individual Supplier Personnel (including Key Supplier Personnel) is not in the best interests of Triad or the Eligible Recipients, then Triad shall give Supplier notice to that effect requesting that such Supplier Personnel be replaced. Supplier shall have [**] business days following Triad’s request for removal of such Supplier Personnel in which to investigate the matters forming the basis of such request, correct any deficient performance and provide Triad with assurances that such deficient performance shall not recur (provided that, if requested to do so by Triad for actual or suspected violations of Triad Rules, Supplier shall immediately remove (or cause to be removed) the individual in question from all Triad Facilities or Sites pending completion of Supplier’s investigation and discussions with Triad). If, following such [**] business day period, Triad is not reasonably satisfied with the results of Supplier’s efforts to correct the deficient performance and/or to avoid its recurrence, [**] Certain confidential information contained in this document, marked by [**], has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. Supplier shall, as soon as possible, remove and replace such Supplier Personnel with an individual of suitable ability and qualifications, without cost to Triad. Without limiting the foregoing and in accordance with Section 15.12, as applicable, upon knowledge or notice (including from Triad) that any individual Supplier Personnel is ineligible to participate in federal or other government health care programs or federal or other government procurement or non-procurement programs because of being excluded, debarred, suspended, or otherwise declared ineligible to participate, Supplier shall immediately remove (or cause to be removed) such individual Supplier Personnel from all Triad Sites and from the provision of Services for such period as such ineligibility shall continue. Nothing in this provision shall [**], or be construed as joint employment, or relieve Supplier of its performance obligations under this Agreement.
Requested Replacement. In the event that Oncor determines lawfully and in good faith that the continued assignment to Oncor of any individual Vendor Personnel (including Key Vendor Personnel) is not in the best interests of Oncor, then Oncor shall give Vendor notice to that effect requesting that such Vendor Personnel be replaced and Vendor shall immediately suspend such individuals performance of the Services and access to Oncor Facilities pending completion of the process set forth in this Section 7.10(a). Vendor shall have five (5) days following such notice in which to investigate the matters forming the basis of such request, correct any deficient performance and provide Oncor with assurances that such deficient performance shall not recur. If, following such five (5) day period, Oncor is not reasonably satisfied with the results of Vendor's efforts to correct the deficient performance and/or to ensure its non-recurrence, Vendor shall, as soon as reasonably practicable, remove and replace such Vendor Personnel with an individual of suitable ability and qualifications. Nothing in this provision shall operate or be construed to limit Vendor's responsibility for the acts or omission of the Vendor Personnel; provided that if Vendor is obligated to remove any Vendor Personnel pursuant to this subsection without reasonable cause, Oncor will be responsible for any direct, actual costs associated with such removal, and Vendor will not be responsible for any delay in providing, or failure to provide, Services as a result of the removal and replacement process.
Requested Replacement. If Ascension Health determines in good faith and not for an unlawful purpose that the continued assignment to Ascension Health of any individual Supplier Personnel (including Key Supplier Personnel) is not in the best interests of the Eligible Recipients, then Ascension Health shall give Supplier notice to that effect requesting that such Supplier Personnel be replaced. Supplier shall, as soon as possible, permanently remove and replace such Supplier Personnel with an individual of suitable ability and qualifications. In such event, Ascension Health shall not be obligated to pay any Charges or other fees relating to the replacement of such Supplier Personnel, including any training or other knowledge transfer activities or overlaps in periods of employment. Nothing in this provision shall operate or be construed to limit Supplier’s responsibility for the acts or omissions of the Supplier Personnel, or be construed as joint employment. (c)
Requested Replacement. In the event that Allegheny determines lawfully and in good faith that the continued assignment to Allegheny of any individual Service Provider Personnel (including Key Service Provider Personnel) is not in the best interests of Allegheny or the Eligible Recipients, then Allegheny shall give Service Provider notice to that effect requesting that such Service Provider Personnel be replaced. Service Provider, after conferring with Allegheny, shall have fifteen (15) business days following Allegheny’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 Allegheny with assurances that such deficient performance shall not recur (provided that, if requested to do so, Service Provider shall immediately remove (or cause to be removed) the individual in question from all Allegheny sites pending completion of Service Provider’s investigation and discussions with Allegheny). If, following such fifteen (15) business day period, Allegheny is not reasonably satisfied with the results of Service Provider’s efforts to correct the deficient performance and/or to ensure its non-recurrence, Service Provider shall, as soon as possible, remove and replace such Service Provider Personnel with an individual of suitable ability and qualifications, without cost to Allegheny. Nothing in this provision shall operate or be construed to limit Service Provider’s responsibility for the acts or omission of the Service Provider Personnel, or be construed as joint employment.
Requested Replacement. In the event that New Century determines lawfully and in good faith that the continued assignment to New Century of any individual Supplier Personnel (including Key Supplier Personnel) is not in the best interests of New Century or the Eligible Recipients, then New Century shall give Supplier notice to that effect requesting that such Supplier Personnel be replaced. Supplier shall have ten (10) business days following New Century’s request for removal of such Supplier Personnel in which to investigate the matters forming the basis of such request, correct any deficient performance and provide New Century with assurances that such deficient performance shall not recur (provided that, if requested to do so by New Century, Supplier shall immediately remove (or cause to be removed) the individual in question from all New Century Facilities or Sites pending completion of Supplier’s investigation and discussions with New Century). If, following such ten (10) business day period, New Century is not reasonably satisfied with the results of Supplier’s efforts to correct the deficient performance and/or to prevent its recurrence, Supplier shall, as soon as possible, remove and replace such Supplier Personnel with an individual of suitable ability and qualifications, without cost to New Century. Nothing in this provision shall operate or be construed to limit Supplier’s responsibility for the acts or omission of the Supplier Personnel, or be construed as joint employment.
Requested Replacement. In the event that Sun determines that the continued assignment to Sun of any individual Workers is not in the best interests of Sun for any reason, then Sun shall give Supplier written notice to that effect requesting that such Workers be replaced and stating the reasons for such request. Supplier shall have **** following Sun’s request for removal of such Workers in which to investigate the matters forming the basis of such request, correct any deficient performance****. If, following such **** period, Sun is not reasonably satisfied with the results of Supplier’s efforts to correct the deficient performance and/or to use reasonable commercial efforts to prevent its recurrence, Supplier shall, ****, remove and replace such Workers with an individual of suitable ability and qualifications, ****. Nothing in this provision shall operate or be construed to limit Supplier’s responsibility for the acts or omission of the Supplier and Workers.
