Common use of RESPONSIBILITY FOR EMPLOYEES Clause in Contracts

RESPONSIBILITY FOR EMPLOYEES. To the extent that the Agreement involves the provision of the Services to UNDP by the Innovator’s officials, employees, agents, servants, subcontractors and other representatives (collectively, the Innovator’s “personnel”), the following provisions shall apply: The Innovator shall be responsible for the professional and technical competence of the personnel it assigns to perform work under the Agreement and will select reliable and competent individuals who will be able to effectively perform the obligations under the Agreement and who, while doing so, will respect the local laws and customs and conform to a high standard of moral and ethical conduct. Such Innovator personnel shall be professionally qualified and, if required to work with officials or staff of UNDP, shall be able to do so effectively. The qualifications of any personnel whom the Innovator may assign or may propose to assign to perform any obligations under the Agreement shall be substantially the same, or better, as the qualifications of any personnel originally proposed by the Innovator. At the option of and in the sole discretion of UNDP: the qualifications of personnel proposed by the Innovator (e.g., a curriculum vitae) may be reviewed by UNDP prior to such personnel’s performing any obligations under the Agreement; any personnel proposed by the Innovator to perform obligations under the Agreement may be interviewed by qualified staff or officials of UNDP prior to such personnel’s performing any obligations under the Innovator; and, in cases in which, pursuant to Article 5.3.1 or 5.3.2, above, UNDP has reviewed the qualifications of such Innovator’s personnel, UNDP may reasonably refuse to accept any such personnel. Requirements specified in the Agreement regarding the number or qualifications of the Innovator’s personnel may change during the course of performance of the Agreement. Any such change shall be made only following written notice of such proposed change and upon written agreement between the Parties regarding such change, subject to the following: UNDP may, at any time, request, in writing, the withdrawal or replacement of any of the Innovator’s personnel, and such request shall not be unreasonably refused by the Innovator. Any of the Innovator’s personnel assigned to perform obligations under the Agreement shall not be withdrawn or replaced without the prior written consent of UNDP, which shall not be unreasonably withheld. The withdrawal or replacement of the Innovator’s personnel shall be carried out as quickly as possible and in a manner that will not adversely affect the performance of obligations under the Agreement. All expenses related to the withdrawal or replacement of the Innovator’s personnel shall, in all cases, be borne exclusively by the Innovator. Any request by UNDP for the withdrawal or replacement of the Innovator’s personnel shall not be considered to be a termination, in whole or in part, of the Agreement, and UNDP shall not bear any liability in respect of such withdrawn or replaced personnel. If a request for the withdrawal or replacement of the Innovator’s personnel is not based upon a default by or failure on the part of the Innovator to perform its obligations in accordance with the Agreement, the misconduct of the personnel, or the inability of such personnel to reasonably work together with UNDP officials and staff, then the Innovator shall not be liable by reason of any such request for the withdrawal or replacement of the Innovator’s personnel for any delay in the performance by the Innovator of its obligations under the Agreement that is substantially the result of such personnel’s being withdrawn or replaced. Nothing in Articles 5.2, 5.3 and 5.4, above, shall be construed to create any obligations on the part of UNDP with respect to the Innovator’s personnel assigned to perform work under the Agreement, and such personnel shall remain the sole responsibility of the Innovator. The Innovator shall be responsible for requiring that all personnel assigned by it to perform any obligations under the Agreement and who may have access to any premises or other property of UNDP shall: undergo or comply with security screening requirements made known to the Innovator by UNDP, including but not limited to, a review of any criminal history; when within UNDP premises or on UNDP property, display such identification as may be approved and furnished by UNDP security officials, and that upon the withdrawal or replacement of any such personnel or upon termination or completion of the Agreement, such personnel shall immediately return any such identification to UNDP for cancellation. Within one working day after learning that any of Innovator’s personnel who have access to any UNDP premises have been charged by law enforcement authorities with an offense other than a minor traffic offense, the Innovator shall provide written notice to inform UNDP about the particulars of the charges then known and shall continue to inform UNDP concerning all substantial developments regarding the disposition of such charges. All operations of the Innovator, including without limitation, storage of equipment, materials, supplies and parts, within UNDP premises or on UNDP property shall be confined to areas authorized or approved by UNDP. The Innovator’s personnel shall not enter or pass through and shall not store or dispose of any of its equipment or materials in any areas within UNDP premises or on UNDP property without appropriate authorization from UNDP.

RESPONSIBILITY FOR EMPLOYEES. To the extent that the Agreement Contract involves the provision of the Services to UNDP by the InnovatorContractor’s officials, employees, agents, servants, subcontractors and other representatives (collectively, the InnovatorContractor’s “personnel”), the following provisions shall apply: The Innovator Contractor is responsible for and shall assume all risk and liabilities relating to its personnel and property. The Contractor shall be responsible for the professional and technical competence of the personnel it assigns to perform work under the Agreement Contract and will select reliable and competent individuals who will be able to effectively perform the obligations under the Agreement Contract and who, while doing so, will respect the local laws and customs and conform to a high standard of moral and ethical conduct. Such Innovator Contractor personnel shall be professionally qualified and, if required to work with officials or staff of UNDP, shall be able to do so effectively. The qualifications of any personnel whom the Innovator Contractor may assign or may propose to assign to perform any obligations under the Agreement Contract shall be substantially the same, or better, as the qualifications of any personnel originally proposed by the InnovatorContractor. At the option of and in the sole discretion of UNDP: the qualifications of personnel proposed by the Innovator Contractor (e.g., a curriculum vitae) may be reviewed by UNDP prior to such personnel’s performing any obligations under the AgreementContract; any personnel proposed by the Innovator Contractor to perform obligations under the Agreement Contract may be interviewed by qualified staff or officials of UNDP prior to such personnel’s performing any obligations under the InnovatorContract; and, in cases in which, pursuant to Article 5.3.1 8.4.1 or 5.3.28.4.2, above, UNDP has reviewed the qualifications of such InnovatorContractor’s personnel, UNDP may reasonably refuse to accept any such personnel. Requirements specified in the Agreement Contract regarding the number or qualifications of the InnovatorContractor’s personnel may change during the course of performance of the AgreementContract. Any such change shall be made only following written notice of such proposed change and upon written agreement between the Parties regarding such change, subject to the following: UNDP may, at any time, request, in writing, the withdrawal or replacement of any of the InnovatorContractor’s personnel, and such request shall not be unreasonably refused by the InnovatorContractor. Any of the InnovatorContractor’s personnel assigned to perform obligations under the Agreement Contract shall not be withdrawn or replaced without the prior written consent of UNDP, which shall not be unreasonably withheld. The withdrawal or replacement of the InnovatorContractor’s personnel shall be carried out as quickly as possible and in a manner that will not adversely affect the performance of obligations under the AgreementContract. All expenses related to the withdrawal or replacement of the InnovatorContractor’s personnel shall, in all cases, be borne exclusively by the InnovatorContractor. Any request by UNDP for the withdrawal or replacement of the InnovatorContractor’s personnel shall not be considered to be a termination, in whole or in part, of the AgreementContract, and UNDP shall not bear any liability in respect of such withdrawn or replaced personnel. If a request for the withdrawal or replacement of the InnovatorContractor’s personnel is not based upon a default by or failure on the part of the Innovator Contractor to perform its obligations in accordance with the AgreementContract, the misconduct of the personnel, or the inability of such personnel to reasonably work together with UNDP officials and staff, then the Innovator Contractor shall not be liable by reason of any such request for the withdrawal or replacement of the InnovatorContractor’s personnel for any delay in the performance by the Innovator Contractor of its obligations under the Agreement Contract that is substantially the result of such personnel’s being withdrawn or replaced. Nothing in Articles 5.28.3, 5.3 8.4 and 5.48.5, above, shall be construed to create any obligations on the part of UNDP with respect to the InnovatorContractor’s personnel assigned to perform work under the AgreementContract, and such personnel shall remain the sole responsibility of the InnovatorContractor. The Innovator Contractor shall be responsible for requiring that all personnel assigned by it to perform any obligations under the Agreement Contract and who may have access to any premises or other property of UNDP shall: undergo or comply with security screening requirements made known to the Innovator Contractor by UNDP, including but not limited to, a review of any criminal history; when within UNDP premises or on UNDP property, display such identification as may be approved and furnished by UNDP security officials, and that upon the withdrawal or replacement of any such personnel or upon termination or completion of the AgreementContract, such personnel shall immediately return any such identification to UNDP for cancellation. Within one working day after learning that any of InnovatorContractor’s personnel who have access to any UNDP premises have been charged by law enforcement authorities with an offense other than a minor traffic offense, the Innovator Contractor shall provide written notice to inform UNDP about the particulars of the charges then known and shall continue to inform UNDP concerning all substantial developments regarding the disposition of such charges. All operations of the InnovatorContractor, including without limitation, storage of equipment, materials, supplies and parts, within UNDP premises or on UNDP property shall be confined to areas authorized or approved by UNDP. The InnovatorContractor’s personnel shall not enter or pass through and shall not store or dispose of any of its equipment or materials in any areas within UNDP premises or on UNDP property without appropriate authorization from UNDP.. The Contractor shall (i) put in place an appropriate security plan and maintain the security plan, taking into account the security situation in the country where the Services are being provided; and

RESPONSIBILITY FOR EMPLOYEES. To the extent that the Agreement Contract involves the provision of the Services to UNDP by the InnovatorContractor’s officials, employees, agents, servants, subcontractors and other representatives (collectively, the InnovatorContractor’s “personnel”), the following provisions shall apply: The Innovator Contractor is responsible for and shall assume all risk and liabilities relating to its personnel and property. The Contractor shall be responsible for the professional and technical competence of the personnel it assigns to perform work under the Agreement Contract and will select reliable and competent individuals who will be able to effectively perform the obligations under the Agreement Contract and who, while doing so, will respect the local laws and customs and conform to a high standard of moral and ethical conduct. Such Innovator Contractor personnel shall be professionally qualified and, if required to work with officials or staff of UNDP, shall be able to do so effectively. The qualifications of any personnel whom the Innovator Contractor may assign or may propose to assign to perform any obligations under the Agreement Contract shall be substantially the same, or better, as the qualifications of any personnel originally proposed by the InnovatorContractor. At the option of and in the sole discretion of UNDP: the qualifications of personnel proposed by the Innovator Contractor (e.g., a curriculum vitae) may be reviewed by UNDP prior to such personnel’s performing any obligations under the AgreementContract; any personnel proposed by the Innovator Contractor to perform obligations under the Agreement Contract may be interviewed by qualified staff or officials of UNDP prior to such personnel’s performing any obligations under the InnovatorContract; and, in cases in which, pursuant to Article 5.3.1 8.4.1 or 5.3.28.4.2, above, UNDP has reviewed the qualifications of such InnovatorContractor’s personnel, UNDP may reasonably refuse to accept any such personnel. Requirements specified in the Agreement Contract regarding the number or qualifications of the InnovatorContractor’s personnel may change during the course of performance of the AgreementContract. Any such change shall be made only following written notice of such proposed change and upon written agreement between the Parties regarding such change, subject to the following: UNDP may, at any time, request, in writing, the withdrawal or replacement of any of the InnovatorContractor’s personnel, and such request shall not be unreasonably refused by the InnovatorContractor. Any of the InnovatorContractor’s personnel assigned to perform obligations under the Agreement Contract shall not be withdrawn or replaced without the prior written consent of UNDP, which shall not be unreasonably withheld. The withdrawal or replacement of the InnovatorContractor’s personnel shall be carried out as quickly as possible and in a manner that will not adversely affect the performance of obligations under the AgreementContract. All expenses related to the withdrawal or replacement of the InnovatorContractor’s personnel shall, in all cases, be borne exclusively by the InnovatorContractor. Any request by UNDP for the withdrawal or replacement of the InnovatorContractor’s personnel shall not be considered to be a termination, in whole or in part, of the AgreementContract, and UNDP shall not bear any liability in respect of such withdrawn or replaced personnel. If a request for the withdrawal or replacement of the InnovatorContractor’s personnel is not based upon a default by or failure on the part of the Innovator Contractor to perform its obligations in accordance with the AgreementContract, the misconduct of the personnel, or the inability of such personnel to reasonably work together with UNDP officials and staff, then the Innovator Contractor shall not be liable by reason of any such request for the withdrawal or replacement of the InnovatorContractor’s personnel for any delay in the performance by the Innovator Contractor of its obligations under the Agreement Contract that is substantially the result of such personnel’s being withdrawn or replaced. Nothing in Articles 5.28.3, 5.3 8.4 and 5.48.5, above, shall be construed to create any obligations on the part of UNDP with respect to the InnovatorContractor’s personnel assigned to perform work under the AgreementContract, and such personnel shall remain the sole responsibility of the InnovatorContractor. The Innovator Contractor shall be responsible for requiring that all personnel assigned by it to perform any obligations under the Agreement Contract and who may have access to any premises or other property of UNDP shall: undergo or comply with security screening requirements made known to the Innovator Contractor by UNDP, including but not limited to, a review of any criminal history; when within UNDP premises or on UNDP property, display such identification as may be approved and furnished by UNDP security officials, and that upon the withdrawal or replacement of any such personnel or upon termination or completion of the AgreementContract, such personnel shall immediately return any such identification to UNDP for cancellation. Within one working day after learning that any of InnovatorContractor’s personnel who have access to any UNDP premises have been charged by law enforcement authorities with an offense other than a minor traffic offense, the Innovator Contractor shall provide written notice to inform UNDP about the particulars of the charges then known and shall continue to inform UNDP concerning all substantial developments regarding the disposition of such charges. All operations of the InnovatorContractor, including without limitation, storage of equipment, materials, supplies and parts, within UNDP premises or on UNDP property shall be confined to areas authorized or approved by UNDP. The InnovatorContractor’s personnel shall not enter or pass through and shall not store or dispose of any of its equipment or materials in any areas within UNDP premises or on UNDP property without appropriate authorization from UNDP. The Contractor shall (i) put in place an appropriate security plan and maintain the security plan, taking into account the security situation in the country where the Services are being provided; and (ii) assume all risks and liabilities related to the Contractor’s security, and the full implementation of the security plan. UNDP reserves the right to verify whether such a plan is in place, and to suggest modifications to the plan when necessary. Failure to maintain and implement an appropriate security plan as required hereunder shall be deemed a breach of this contract. Notwithstanding the foregoing, the Contractor shall remain solely responsible for the security of its personnel and for UNDP’s property in its custody as set forth in paragraph 8.10 above.