Common use of Commissioning Agent Clause in Contracts

Commissioning Agent. 3.3. The Construction Manager must not change any of the key personnel listed above and in Exhibit “F” without prior written approval by the Council, unless those individuals cease to be employed by Construction Manager. In either case, the Council will be allowed to interview and approve replacement personnel. 3.4. If any designated lead or key person, Consultant or Subconsultant employee fails to perform to the satisfaction of the Council, then upon written notice, the Construction Manager must immediately remove that person, Consultant or Subconsultant employee from the Project and provide a temporary replacement. Construction Manager must within seven (7) days provide a permanent replacement person, Consultant or Subconsultant employee acceptable to the Council. All lead or key personnel for any Subconsultant must also be designated by the Consultant. 3.5. The Construction Manager is responsible for all costs associated with replacing any of Construction Manager’s key personnel, including the additional costs to familiarize replacement personnel with the Work. If the Construction Manager does not furnish replacement personnel acceptable to the Council, the Agreement may be terminate this for cause. 3.6. Construction Manager represents that the Construction Manager has no existing interest and will not acquire any interest, direct or indirect, that could conflict in any manner or degree with the performance of Services required under this Agreement and that no person having any conflict of interest will be employed by Construction Manager.