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 setting forth TCS’ position regarding the matters raised by ▇▇▇▇▇▇▇ in its notice; (ii) meet with ▇▇▇▇▇▇▇ to discuss the matters raised by ▇▇▇▇▇▇▇ in its notice and TCS’ positions with regard to such matters; and (iii) diligently work to eliminate with respect to the Services any such TCS human resource practices and/or processes identified and agreed to by the Parties as adversely impacting the performance and delivery of the Services by TCS. (e) If TCS is having difficulty meeting Critical Service Levels or other requirements of an IT SOW, then ▇▇▇▇▇▇▇, at its sole discretion, may require for such SOW that TCS meet the staff experience pyramid provided in Section 2.2 of Schedule F. TCS shall have thirty (30) days from ▇▇▇▇▇▇▇’▇ notification to meet such levels. (f) If TCS is having difficulty meeting Critical Service Levels or other requirements of a BPO SOW, then ▇▇▇▇▇▇▇, at its sole discretion, may require that TCS promptly deploy a full time Six Sigma Black Belt to analyze and make recommendations to improve any applicable processes in order to eliminate TCS’ difficulty for TCS to meet such Critical Service Levels or other requirements of a BPO SOW.
Appears in 1 contract
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), under Non-Managed Services Engagement Models 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 additional charge to ▇▇▇▇▇▇▇ (including charges for the original or re-performed Services, or any costs incurred in replacing such Resource).
(c) Whenever any resource Resource providing Services under Non-Managed Services Engagement Model 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, or as agreed in the respective SOW therein, 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 for Non-Managed Services Engagement Models 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 setting forth TCS’ position regarding the matters raised by ▇▇▇▇▇▇▇ in its notice;
(ii) meet with ▇▇▇▇▇▇▇ to discuss the matters raised by ▇▇▇▇▇▇▇ in its notice and TCS’ positions with regard to such matters; and
(iii) diligently work to eliminate with respect to the Services any such TCS human resource practices and/or processes identified and agreed to by the Parties as adversely impacting the performance and delivery of the Services by TCS.
(e) If For Managed Services, TCS is having difficulty meeting will manage TCS teams based on Critical Service Levels or other requirements of an IT committed in each SOW, then ▇▇▇▇▇▇▇, at its sole discretion, may require for such SOW that TCS meet the staff experience pyramid provided in Section 2.2 of Schedule F. TCS shall have thirty (30) days from ▇▇▇▇▇▇▇’▇ notification to meet such levels.
(f) If TCS is having difficulty meeting Critical Service Levels or other requirements of a BPO an SOW, then ▇▇▇▇▇▇▇, at its sole discretion, may require that TCS promptly deploy a full time Six Sigma Black Belt (who may be the Delivery Unit leader) to analyze and make recommendations to improve any applicable processes in order or people deployment practices to eliminate TCS’ difficulty for TCS to meet such Critical Service Levels or other requirements of a BPO SOW.
Appears in 1 contract