Common use of Control and Supervision Clause in Contracts

Control and Supervision. Persons employed by Administrator shall be employees of Administrator and not Customer. Administrator shall be solely responsible for the control, supervision, and direction of, and shall have sole authority to control, supervise, and direct, Administrator personnel in respect of their provision of the Services on behalf of Administrator to or for the benefit of Customer. Administrator shall in addition have sole authority and responsibility with respect to the selection, hiring, promotion, demotion, dismissal, firing, training, and setting of salaries, wages, and benefits of its personnel, and with respect to any complaints of their respective personnel. Notwithstanding the foregoing, in the event that any Administrator personnel performing Services hereunder is found to be unacceptable to Customer for any lawful reason articulated to Administrator (including demonstration that he or she is not qualified to perform or has provided false information on his or her resume), Customer may notify Administrator of such facts (without waiving any other rights or remedies it may have hereunder) and Administrator shall promptly evaluate whether to remove such personnel from performing Services under the applicable Statement of Work and, if requested by Customer, provide a replacement with similar experience, suitable ability and suitable qualifications, at no additional cost to Customer. Customer's identification to Administrator of unqualified or unsuitable Administrator personnel and Administrator's corrective steps in response thereto shall not relieve Administrator of its performance obligations hereunder.