Common use of Operating Personnel Clause in Contracts

Operating Personnel. Client or its designee shall provide an adequate number of qualified operators and maintenance personnel to operate the Facility during Startup. Personnel shall be provided on the dates indicated in Appendix A and Appendix C, or on any other date specified by the Contractor and agreed to by Client, provided at least two (2) months’ advance notice is given by Contractor and such date is no earlier than four (4) months before the scheduled commencement of Startup of the Facility. Such personnel shall have sufficient experience as is appropriate for the normal, day-to-day, in-service operation and maintenance of ethanol production facilities, but not necessarily facilities similar to the Facility. Such personnel shall be licensed by Client or its designee, as may be necessary in accordance with state and local regulations prior to being provided to the Contractor. Such personnel shall be trained by Contractor in accordance with this Agreement and will assist Contractor by performing normal operating and maintenance duties in connection with the Startup of the Facility and the successful completion of the Performance Tests and all other tests specified in this Agreement. Client shall provide suitable training facilities if such facilities are not available at the Facility Site. Said personnel will be available to Contractor, as needed, until Project Completion. Contractor shall be responsible for the technical direction and management, with respect to performance testing, of such operating and maintenance personnel prior to Project Completion of the Facility (provided that the personnel are acting under Contractor’s direction). Contractor shall be responsible for Client’s operators and maintenance personnel prior to Provisional Acceptance and otherwise under its direction, other than for the reckless acts and omissions and willful misconduct of such operating and maintenance personnel. Contractor shall only direct Client’s operators and maintenance personnel to take actions that are consistent with the Operating Manuals. The provision of personnel by Client or its designee pursuant to this Section 5.4 shall not relieve Contractor of any of its obligations or liabilities under the Agreement.