REPLACEMENT OF RESOURCES Sample Clauses
The Replacement of Resources clause allows one party, typically a service provider, to substitute personnel or resources assigned to a project or contract with others of equivalent qualifications and experience. In practice, this means that if a key team member becomes unavailable due to resignation, illness, or other reasons, the provider can assign a replacement without breaching the agreement, provided the replacement meets the agreed standards. This clause ensures continuity of service and minimizes disruptions, addressing the practical issue of personnel changes during the course of a project.
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REPLACEMENT OF RESOURCES. (a) ▇▇▇▇▇▇▇ may notify TCS if ▇▇▇▇▇▇▇ determines that the continued assignment to the ▇▇▇▇▇▇▇ account of any TCS Resource is not in the best interests of ▇▇▇▇▇▇▇. Upon receipt of such notice, TCS shall have a reasonable time period, not to exceed five (5) days, to investigate the matters stated therein, discuss its findings with ▇▇▇▇▇▇▇ and attempt to resolve such matters to ▇▇▇▇▇▇▇’▇ satisfaction, including the permanent removal of such Resource upon continued ▇▇▇▇▇▇▇ objection. To the maximum extent possible, the removal and replacement of any Resource under this Section 10.2(a) shall be conducted so as not to interrupt or adversely affect the Services.
(b) In addition to the removal rights provided in Section 10.2(a), if ▇▇▇▇▇▇▇ is not satisfied with the Services provided by any individual Resource at any time during the first four (4) weeks of such Resource’s assignment, TCS shall replace such Resource and re-perform such Services at no charge to ▇▇▇▇▇▇▇ (including charges for the original or re-performed Services, or any costs incurred in replacing such Resource).
(c) Whenever any resource providing Services to ▇▇▇▇▇▇▇ is replaced or transitioned (other than in the case of where a Resource is transitioned from on-site to Off-Shore or vice versa within a particular SOW) by a Resource, TCS will provide, at no charge to ▇▇▇▇▇▇▇, up to a maximum of six (6) weeks of Services by the replacement Resource to account for the training/transition period expected to be taken by the replacement Resource to begin performing the Services at the expected level, irrespective of when the replacement Resource is placed into a Project (whether at the Project’s inception or after the Project has begun); provided that TCS may begin to charge ▇▇▇▇▇▇▇ for days actually worked by such a replacement Resource prior to such period of six (6) weeks, if the Parties mutually agree that such Resource is able to perform his or her assignment to ▇▇▇▇▇▇▇’▇ satisfaction.
(d) If TCS fails to meet the Critical Service Levels and Tier One Quality of Service Metrics and if ▇▇▇▇▇▇▇ reasonably believes such failure is attributable in whole or in part to TCS’ reassignment, movement, or other changes in the Resources allocated to ▇▇▇▇▇▇▇ to the performance and delivery of the Services and/or to TCS Approved Subcontractors assigned to the ▇▇▇▇▇▇▇ service team, ▇▇▇▇▇▇▇ will notify TCS of such belief. Upon receipt of such notice from ▇▇▇▇▇▇▇, TCS will:
(i) promptly provide to ▇▇▇▇▇▇▇ a report sett...
REPLACEMENT OF RESOURCES. (a) At the discretion of the CO for this agreement, this award may be modified to replace resources with an equal or better resource at any time without change to the agreement rates or position on the Dispatch Priority List. Replacement resources shall be inspected and accepted, if required by the solicitation, and approved in advance of use. This replacement modification must be issued and executed through the VIPR program and new resources must appear on the agreement and dispatch priority list prior to being utilized.
(b) Additional resources may not be added to the agreement.
REPLACEMENT OF RESOURCES. 1. The Selected Agency should deploy persons with requisite skills and experience required for the job as specified under the Contract. The RISL will have the right to ask for replacement of any person/persons who do not display adequate expertise and experience in the required field or any other reasons for the intended job. The replacement has to be to the satisfaction of the RISL.
2. The Selected Agency shall be instructed to replace any of its personnel who is found unacceptable to this Department because of security risks, incompetence, conflict of interest, improper conduct etc. upon receiving a notice from RISL.
3. In case replacement asked by RISL and planned separation by the employee from the selected agency, the employee’s handover process has to be initiated by the selected agency in advance.
4. The new replacement employee will have to be approved by RISL prior engaging in the handover process. The selected agency will not charge RISL for this handover process.
5. Failure on the part of the Selected Agency to find a suitable replacement as specified shall amount to a breach of the terms hereof and the RISL in addition to all other rights, have the right to claim damages and recover from the Selected Agency all losses/ or other damages that may have resulted from such failure.
6. Except as the RISL may otherwise agree, no changes shall be made in the Personnel provided. If, for any reason beyond the reasonable control of the Selected Agency, it becomes necessary to replace any of the Personnel, the Selected Agency shall forthwith provide as a replacement, a person of equivalent or better qualifications in Agreement with the RISL. The penalty for such conditions may be levied after thorough examination of the case by the competent authority.
7. The ‘Man Month Rate’ for the replacement Personnel shall be the same or lower as of the replaced Personnel.
8. If the Purchaser finds that:
a. Any of the Personnel provided has committed serious misconduct or has been charged with having committed a criminal action, or
b. has reasonable cause to be dissatisfied with the performance of any of the Personnel, then The Selected Agency shall, at the Purchaser’s written request specifying the grounds therefore, forthwith provide as a replacement a person with qualifications and experience acceptable to the Purchaser. ANNEXURE-1: PRE-BID QUERIES FORMAT {to be filled by the bidder} Bidding Document Fee Receipt No. Dated for Rs. _ /-
REPLACEMENT OF RESOURCES. Any personnel that the Customer, on justified grounds, does not wish to use or wishes to replace shall be replaced as soon as possible with other personnel with the same level of expertise as a minimum. The replacement of personnel shall not affect project progress or incur increased costs on the part of the Customer. If progress is still affected, the matter shall be managed as a delay.
5.2. 2The Customer’s responsibilities for its resources The Customer shall ensure that the Customer’s resources responsible for contributing to the implementation of the delivery have the necessary expertise. Any special expertise requirements shall be specified in Appendix 2.
REPLACEMENT OF RESOURCES. In order to maintain continuity, resources initially deployed are not to be replaced during the tenure of the contract. In case resources are replaced with new resources, penalties will apply. Total Contract value (in Rs.) Note: In case of any conditions/clause specified in RFP is contradicted by conditions/clause stipulated in GeM, then RFP shall override the clauses/conditions mentioned on GeM. For any clarification in details, kindly follow the RFP. Additional Terms and Condition: Confidentiality: It is the consultant’s responsibility to ensure any information it possess rela ting to GSEM that is not available in the public domain be treated with the utmost confidenti al at discretion. Where the consultant feels the need to disclose confidential information to a third party, it is their responsibility to ensure that it does so with the explicit permis sion of GSEM.
REPLACEMENT OF RESOURCES. Resources may be replaced with equal or better equipment at any time without change to the agreement rates or position on the Dispatch Priority List. Replacement resources shall be inspected and accepted, as required by the solicitation, and approved in advance of use by the CO. Replacement shall be permanent; intermittent replacement is not allowed and additional resources may not be added to the agreement.
REPLACEMENT OF RESOURCES. In order to maintain continuity, resources initially deployed are not to be replaced during the tenure of the contract. In case resources are replaced with new resources, penalties will apply.
REPLACEMENT OF RESOURCES. At the discretion of the CO, resources may be replaced with an equal or better resource at any time without change to the agreement rates or position on the Dispatch Priority List. Replacement resources shall be inspected and accepted, if required by the solicitation, and approved in advance of use. Additional resources may not be added to the agreement. D.23 LIST OF EXHIBITS Provided as a separate attachment The following attachments are made a part of this solicitation and any resultant agreement. Exhibit A – Exhibit F – Safety Standards Exhibit G – Emergency Equipment Shift Ticket OF-297 Exhibit H – Geographic Area Terms & Conditions Exhibit I – Contractor Associations and Public Education Providers Exhibit J – Not Applicable Exhibit K – Not Applicable Exhibit L – Geographic Area Map Exhibit M – Not Applicable Exhibit N – Not Applicable Exhibit O – Not Applicable The specific meanings of terms used in this specification may be found in the Glossary of Terms of the Fireline Handbook, NWCG Handbook 3; PMS 410-1; NFES 0065, and any other prevailing current NWCG publication unless otherwise defined herein; the definitions provided in this exhibit are included in every solicitation (i.e., boilerplate), therefore some of the definitions may not be applicable to the solicitation you are responding to: AGENCY – See “Government” AGENCY COOPERATOR – Local Government entities available through agreement to assist the Federal and State Government agencies.
REPLACEMENT OF RESOURCES. Supplier commits to a stable project team of excellent resources and commits to not replacing Supplier employee(s) without prior Buyer written agreement, such agreement not to be unreasonably withheld. If changes to the team should occur nonetheless, Supplier commits to provide reasons as soon as possible for the occurred changes such as long term illness, death of the employee, or other force majeure incidents such as termination of employment on the initiative of personnel member or requested job rotation by a personnel member. In this case Supplier will provide Buyer with a replacement, and will make sure that the replacement is equally skilled as the replaced consultant. Part III - Licenced Software
1. Scope The terms and conditions in this Part III govern the granting of licenses by Supplier to Buyer or its Affiliates for standard software programs, which shall include without limitation, all updates, upgrades, revisions, modifications and enhancements thereof as well as all related user documentation (cumulatively “Software”). These terms do not govern Supplier’s services to create or develop custom software programs which are individual or specific to Buyer or its Affiliates.