Management of the Project. 9.1 The Manager of the Logistics Sector of ISR and/or his representative at ISR, shall serve as the manager on behalf of the Purchase for all relating to coordination and supervision of the performance of the Services by the Supplier (above and hereinafter: the "Coordinator") without such appointment derogating from any of the obligations of the Supplier pursuant to this Agreement and/or pursuant to any law. ISR shall be entitled to change the identity of the Coordinator in its sole discretion. A notice of change of the identity of the Coordinator shall be delivered to the Supplier orally or in writing. 9.2 The Supplier shall deliver to the Coordinator from time to time, pursuant to the request of the Coordinator, a report and/or explanations regarding the performance of the Services of the Supplier and their progress. 9.3 The Supplier undertakes to provide for purposes of the Supplier's Services as detailed in this Agreement experienced and professional personnel that passed the appropriate training, and if and to the extent required pursuant to any law and/or instructions of the Manufacturer of the Robotic Parking Systems certification as well, then also the appropriate certification, all at the expense of the Supplier and under its responsibility. Pursuant to the request of ISR, the Supplier's employees shall undergo certification at the Manufacturer of the Robotic Parking Systems at no additional cost to ISR even if the Manufacturer of the Robotic Parking Systems does not require this, if ISR determines in its sole discretion that this is required in order to ensure a level of service orientation and professionalism of the Supplier's employees. Pursuant to the request of ISR, the Supplier shall issue to ISR appropriate certificates regarding the training that the Supplier's employees underwent. In any event, and without derogating from the aforesaid, the Supplier shall be required to transfer all of its employees that are providing the Warrant Services and/or Maintenance Services and/or Operation Services and/or Accompaniment Services and/or Training Services basic certification by the Manufacturer of the Robotic Parking Systems regarding all of the activities required in order to activate and operate the Robotic Parking Systems (including basic maintenance, preventive maintenance, etc.), and this is whether or not such certification is required by the Manufacturer of the Robotic Parking Systems, and all with no additional cost to ISR. 9.4 Without derogating from the aforesaid, an Operations Manager and a Call Center Manager shall be appointed as detailed in Annex A2 to this Agreement throughout the Agreement Term. 9.5 ISR shall be entitled to instruct the Supplier to replace any of the Supplier's employees and/or anyone on its behalf (including the Operations Manager and Manager of the Call Center), in its absolute discretion, and the Supplier shall fulfil the instructions of ISR within not more than 14 days. The replacement of any of the Supplier's employees and/or anyone on its behalf shall not constitute grounds for any change and/or delay whatsoever in the schedule to which the Supplier committed and/or to any change to the costs fixed pursuant to this Agreement. 9.6 Without derogating from the aforesaid, the Supplier undertakes to provide for purposes of the Services the work team in the scope of hours required by the schedules and substitute personnel in the event of the absence of one of the members of the team. Before commencement of the works, the Supplier will submit for the approval of ISR a list of the members of the intended work team to work on its behalf, detailing their professional qualifications and experience as mentioned. ISR is authorized to not approve the appointment of a member of the team and in this event the Supplier shall immediately offer to ISR an alternative candidate, however, the agreement of ISR to the appointment of such alternative member does not derogate in any way from the obligations of the Supplier and from its liability pursuant to this Agreement. The Supplier shall not replace any member of the work team without the prior approval of the Coordinator on behalf of ISR. Training of the employees and the transfer of information between them, including specific information relating to the performance of the Services that are the subject of this Agreement of ISR, shall be performed under the responsibility of and expense of the Supplier in a manner such that shall not damage the schedules or obligations of the Supplier to ISR pursuant to this Agreement. 9.7 The Supplier shall fulfil every demand of ISR and/or anyone on its behalf regarding removal from the Construction Site and/or Back Office, as defined in Annex A2, of any person employed by the Supplier, whether directly or indirectly, in the performance of the Services if and to the extent that ISR concludes in its discretion that the removal as mentioned is required to prevent damage to ISR and/or to employees of ISR and/or to equipment of ISR including the Robotic Parking Systems and/or the obligations of the Supplier. The Supplier shall fulfil every such demand within 24 hours from the time of receipt thereof. A person removed pursuant to such a demand shall not be rehired by the Supplier for the performance of the Services, whether directly or indirectly. ISR shall not be required to explain such a demand. Within 24 hours from the time of the removal of such employee as provided above, the Supplier shall locate an alternative employee that shall be approved in writing by ISR and/or someone on its behalf. The hiring or removal of an employee, as aforesaid, shall be under the sole responsibility and expense of the Supplier, and nothing in the demand made by ISR and/or someone on its behalf, shall create any legal relations between ISR and such employee, and ISR or anyone on its behalf shall not be responsible in any manner or way for the employment or removal and/or the results of the employment or removal of any such employee whether towards the employee or towards the Supplier. The Supplier shall compensate and indemnify ISR in respect of any damage and/or expense (including legal expenses) that shall be caused to ISR as the result of a claim and/or demand of an employee of the Supplier as aforesaid against ISR and/or anyone on its behalf, and shall be entitled to deduct any such amount from any amount owing to the Supplier pursuant to this Agreement. 9.8 The Supplier shall be responsible and shall bear all of the costs required and associated with arrival of the Supplier's employees and/or anyone on its behalf and/or employees of the Manufacturer of the Robotic Parking Systems and/or any one on its behalf to ISR's Sites, including costs of flights, transportation, visas, insurance, accommodation and any other expense. 9.9 The Supplier shall be responsible that the employees of the Supplier and/or anyone on its behalf and/or employees of the Manufacturer of the Robotic Parking Systems and/or any one on their behalf and/or its employees and/or Supplier's subcontractors and/or Designated Subcontractors shall fulfil the instructions of the Security and Information Security Annex, the Work Safety Annex and any other instruction of any other authorized party of ISR. 9.10 ISR shall be entitled in its discretion, to notify that it is interested in hiring any of the Supplier's employees as an employee of ISR. The Supplier shall not object and shall not create any obstacle whatsoever if and to the extent that ISR shall decide to hire an employee of the Supplier as an employee of ISR and the Supplier waives any demand and/or claim in this regard and shall not be entitled to any compensation in respect thereof.
Appears in 1 contract
Sources: Supply Agreement
Management of the Project. 9.1 The Manager of the Logistics Sector Planning of Rolling Stock Maintenance of ISR and/or his representative at ISR, shall serve as the manager on behalf of the Purchase for all relating to coordination and supervision of the performance of the Services by the Supplier (above and hereinafter: the "Coordinator") without such appointment derogating from any of the obligations of the Supplier pursuant to this Agreement and/or pursuant to any law. ISR shall be entitled to change the identity of the Coordinator in its sole discretion. A notice of change of the identity of the Coordinator shall be delivered to the Supplier orally or in writing.
9.2 The Supplier shall deliver to the Coordinator from time to time, pursuant to the request of the Coordinator, a report and/or explanations regarding the performance of the Services of the Supplier and their progress.
9.3 The Supplier undertakes to provide for purposes of the Supplier's Services as detailed in this Agreement experienced and professional personnel that passed the appropriate training, and if and to the extent required pursuant to any law and/or instructions of the Manufacturer of the Robotic Parking Systems Washing Machines certification as well, then also the appropriate certification, all at the expense of the Supplier and under its responsibility. Pursuant to the request of ISR, the Supplier's employees shall undergo certification at the Manufacturer of the Robotic Parking Systems Washing Machines at no additional cost to ISR even if the Manufacturer of the Robotic Parking Systems Washing Machines does not require this, if ISR determines in its sole discretion that this is required in order to ensure a level of service orientation and professionalism of the Supplier's employees. Pursuant to the request of ISR, the Supplier shall issue to ISR appropriate certificates regarding the training that the Supplier's employees underwent. In any event, and without derogating from the aforesaid, the Supplier shall be required to transfer all of its employees that are providing the Warrant Services and/or Maintenance Services and/or Operation Services and/or Accompaniment Services and/or Training Services basic certification by the Manufacturer of the Robotic Parking Systems Washing Machines regarding all of the activities required in order to activate and operate the Robotic Parking Systems Washing Machines (including exchange of oil and water, basic maintenance, preventive maintenance, etc.), and this is whether or not such certification is required by the Manufacturer of the Robotic Parking SystemsWashing Machines, and all with no additional cost to ISR.
9.4 Without derogating from In addition, the aforesaidSupplier hereby undertakes that at all times during the Agreement Term it will provide a contact person at the level of Vice President for every matter relating to the performance of the Services, an Operations Manager and a Call Center Manager shall be appointed as detailed in Annex A2 who ISR can contact at any time regarding any matter relation to this Agreement throughout and which is not resolved with the Agreement Termoperations managers.
9.5 ISR shall be entitled to instruct the Supplier to replace any of the Supplier's employees and/or anyone on its behalf (including the Operations Manager and Manager of the Call Center)behalf, in its absolute discretion, and the Supplier shall fulfil the instructions of ISR within not more than 14 days. The replacement of any of the Supplier's employees and/or anyone on its behalf shall not constitute grounds for any change and/or delay whatsoever in the schedule to which the Supplier committed and/or to any change to the costs fixed pursuant to this Agreement.
9.6 Without derogating from the aforesaid, the Supplier undertakes to provide for purposes of the Services the work team in the scope of hours required by the schedules and substitute personnel in the event of the absence of one of the members of the team. Before commencement of the works, the Supplier will submit for the approval of ISR a list of the members of the intended work team to work on its behalf, detailing their professional qualifications and experience as mentioned. ISR is authorized to not approve the appointment of a member of the team and in this event the Supplier shall immediately offer to ISR an alternative candidate, however, the agreement of ISR to the appointment of such alternative member does not derogate in any way from the obligations of the Supplier and from its liability pursuant to this Agreement. The Supplier shall not replace any member of the work team without the prior approval of the Coordinator on behalf of ISR. Training of the employees and the transfer of information between them, including specific information relating to the performance of the Services that are the subject of this Agreement of ISR, shall be performed under the responsibility of and expense of the Supplier in a manner such that shall not damage the schedules or obligations of the Supplier to ISR pursuant to this Agreement.
9.7 The Supplier shall fulfil every demand of ISR and/or anyone on its behalf regarding removal from the Construction Site and/or Back Office, as defined in Annex A2, of any person employed by the Supplier, whether directly or indirectly, in the performance of the Services if and to the extent that ISR concludes in its discretion that the removal as mentioned is required to prevent damage to ISR and/or to employees of ISR and/or to equipment of ISR including the Robotic Parking Systems and/or the obligations of the SupplierWashing Machines. The Supplier shall fulfil every such demand within 24 hours from the time of receipt thereof. A person removed pursuant to such a demand shall not be rehired by the Supplier for the performance of the Services, whether directly or indirectly. ISR shall not be required to explain such a demand. Within 24 hours from the time of the removal of such employee as provided above, the Supplier shall locate an alternative employee that shall be approved in writing by ISR and/or someone on its behalf. The hiring or removal of an employee, as aforesaid, shall be under the sole responsibility and expense of the Supplier, and nothing in the demand made by ISR and/or someone on its behalf, shall create any legal relations between ISR and such employee, and ISR or anyone on its behalf shall not be responsible in any manner or way for the employment or removal and/or the results of the employment or removal of any such employee whether towards the employee or towards the Supplier. The Supplier shall compensate and indemnify ISR in respect of any damage and/or expense (including legal expenses) that shall be caused to ISR as the result of a claim and/or demand of an employee of the Supplier as aforesaid against ISR and/or anyone on its behalf, and shall be entitled to deduct any such amount from any amount owing to the Supplier pursuant to this Agreement.
9.8 The Supplier shall be responsible and shall bear all of the costs required and associated with arrival of the Supplier's employees and/or anyone on its behalf and/or employees of the Manufacturer of the Robotic Parking Systems Washing Machines and/or any one on its behalf to ISR's Sites, including costs of flights, transportation, visas, insurance, accommodation and any other expense.
9.9 The Supplier shall be responsible that the employees of the Supplier and/or anyone on its behalf and/or employees of the Manufacturer of the Robotic Parking Systems Washing Machines and/or any one on their behalf and/or its employees and/or Supplier's subcontractors and/or Designated Subcontractors shall fulfil the instructions of the Security and Information Security Annex, the Work Safety Annex and any other instruction of any other authorized party of ISR.
9.10 ISR shall be entitled in its discretion, to notify that it is interested in hiring any of the Supplier's employees as an employee of ISR. The Supplier shall not object and shall not create any obstacle whatsoever if and to the extent that ISR shall decide to hire an employee of the Supplier as an employee of ISR and the Supplier waives any demand and/or claim in this regard and shall not be entitled to any compensation in respect thereof.
Appears in 1 contract
Sources: Supply Agreement
Management of the Project. 9.1 The Manager of the Logistics Sector Planning of Rolling Stock Maintenance of ISR and/or his representative at ISR, shall serve as the manager on behalf of the Purchase for all relating to coordination and supervision of the performance of the Services by the Supplier (above and hereinafter: the "Coordinator") without such appointment derogating from any of the obligations of the Supplier pursuant to this Agreement and/or pursuant to any law. ISR shall be entitled to change the identity of the Coordinator in its sole discretion. A notice of change of the identity of the Coordinator shall be delivered to the Supplier orally or in writing.
9.2 The Supplier shall deliver to the Coordinator from time to time, pursuant to the request of the Coordinator, a report and/or explanations regarding the performance of the Services of the Supplier and their progress.
9.3 The Supplier undertakes to provide for purposes of the Supplier's Services as detailed in this Agreement experienced and professional personnel that passed the appropriate training, and if and to the extent required pursuant to any law and/or instructions of the Manufacturer of the Robotic Parking Systems Washing Machines and/or the Manufacturer of the Towing Unit, respectively, certification as well, then also the appropriate certification, all at the expense of the Supplier and under its responsibility. Pursuant to the request of ISR, the Supplier's employees shall undergo certification at the Manufacturer of the Robotic Parking Systems Washing Machines and/or the Manufacturer of the Towing Unit, respectively, at no additional cost to ISR even if the Manufacturer of the Robotic Parking Systems Washing Machines does not require this, if ISR determines in its sole discretion that this is required in order to ensure a level of service orientation and professionalism of the Supplier's employees. Pursuant to the request of ISR, the Supplier shall issue to ISR appropriate certificates regarding the training that the Supplier's employees underwent. In any event, and without derogating from the aforesaid, the Supplier shall be required to transfer all of its employees that are providing the Warrant Services and/or Maintenance Services and/or Operation Services and/or Accompaniment Services and/or Training Services basic certification by the Manufacturer of the Robotic Parking Systems Washing Machines and/or the Manufacturer of the Towing Unit, respectively,regarding all of the activities required in order to activate and operate the Robotic Parking Systems Washing Machines (including exchange of oil and water, basic maintenance, preventive maintenance, etc.), and this is whether or not such certification is required by the Manufacturer of the Robotic Parking SystemsWashing Machines and/or the Manufacturer of the Towing Unit, respectively,, and all with no additional cost to ISR.
9.4 Without derogating from In addition, the aforesaidSupplier hereby undertakes that at all times during the Agreement Term it will provide a contact person at the level of Vice President for every matter relating to the performance of the Services, an Operations Manager and a Call Center Manager shall be appointed as detailed in Annex A2 who ISR can contact at any time regarding any matter relation to this Agreement throughout and which is not resolved with the Agreement Termoperations managers.
9.5 ISR shall be entitled to instruct the Supplier to replace any of the Supplier's employees and/or anyone on its behalf (including the Operations Manager and Manager of the Call Center)behalf, in its absolute discretion, and the Supplier shall fulfil the instructions of ISR within not more than 14 days. The replacement of any of the Supplier's employees and/or anyone on its behalf shall not constitute grounds for any change and/or delay whatsoever in the schedule to which the Supplier committed and/or to any change to the costs fixed pursuant to this Agreement.
9.6 Without derogating from the aforesaid, the Supplier undertakes to provide for purposes of the Services the work team in the scope of hours required by the schedules and substitute personnel in the event of the absence of one of the members of the team. Before commencement of the works, the Supplier will submit for the approval of ISR a list of the members of the intended work team to work on its behalf, detailing their professional qualifications and experience as mentioned. ISR is authorized to not approve the appointment of a member of the team and in this event the Supplier shall immediately offer to ISR an alternative candidate, however, the agreement of ISR to the appointment of such alternative member does not derogate in any way from the obligations of the Supplier and from its liability pursuant to this Agreement. The Supplier shall not replace any member of the work team without the prior approval of the Coordinator on behalf of ISR. Training of the employees and the transfer of information between them, including specific information relating to the performance of the Services that are the subject of this Agreement of ISR, shall be performed under the responsibility of and expense of the Supplier in a manner such that shall not damage the schedules or obligations of the Supplier to ISR pursuant to this Agreement.
9.7 The Supplier shall fulfil every demand of ISR and/or anyone on its behalf regarding removal from the Construction Site and/or Back Office, as defined in Annex A2, of any person employed by the Supplier, whether directly or indirectly, in the performance of the Services if and to the extent that ISR concludes in its discretion that the removal as mentioned is required to prevent damage to ISR and/or to employees of ISR and/or to equipment of ISR including the Robotic Parking Systems and/or the obligations of the SupplierWashing Machines. The Supplier shall fulfil every such demand within 24 hours from the time of receipt thereof. A person removed pursuant to such a demand shall not be rehired by the Supplier for the performance of the Services, whether directly or indirectly. ISR shall not be required to explain such a demand. Within 24 hours from the time of the removal of such employee as provided above, the Supplier shall locate an alternative employee that shall be approved in writing by ISR and/or someone on its behalf. The hiring or removal of an employee, as aforesaid, shall be under the sole responsibility and expense of the Supplier, and nothing in the demand made by ISR and/or someone on its behalf, shall create any legal relations between ISR and such employee, and ISR or anyone on its behalf shall not be responsible in any manner or way for the employment or removal and/or the results of the employment or removal of any such employee whether towards the employee or towards the Supplier. The Supplier shall compensate and indemnify ISR in respect of any damage and/or expense (including legal expenses) that shall be caused to ISR as the result of a claim and/or demand of an employee of the Supplier as aforesaid against ISR and/or anyone on its behalf, and shall be entitled to deduct any such amount from any amount owing to the Supplier pursuant to this Agreement.
9.8 The Supplier shall be responsible and shall bear all of the costs required and associated with arrival of the Supplier's employees and/or anyone on its behalf and/or employees of the Manufacturer of the Robotic Parking Systems Washing Machines and/or the Manufacturer of the Towing Unit, respectively, and/or any one on its their behalf to ISR's Sites, including costs of flights, transportation, visas, insurance, accommodation and any other expense.
9.9 The Supplier shall be responsible that the employees of the Supplier and/or anyone on its behalf and/or employees of the Manufacturer of the Robotic Parking Systems Washing Machines and/or the Manufacturer of the Towing Unit, respectively, and/or any one on their behalf and/or its employees and/or Supplier's subcontractors and/or Designated Subcontractors shall fulfil the instructions of the Security and Information Security Annex, the Work Safety Annex and any other instruction of any other authorized party of ISR.
9.10 ISR shall be entitled in its discretion, to notify that it is interested in hiring any of the Supplier's employees as an employee of ISR. The Supplier shall not object and shall not create any obstacle whatsoever if and to the extent that ISR shall decide to hire an employee of the Supplier as an employee of ISR and the Supplier waives any demand and/or claim in this regard and shall not be entitled to any compensation in respect thereof.
Appears in 1 contract
Sources: Supply Agreement