Common use of Responsibilities of the Customer Clause in Contracts

Responsibilities of the Customer. The Customer will cooperate with ESC staff to identify ESC Services to be delivered. The Customer will provide for facilities for ESC staff so that services may be delivered on-site including meeting and classroom space for the staff and students; mailbox and parking space for the staff; access to all necessary student records; work space for the staff; telephone, Internet, fax and copier access; secured filing space for student records; and access to the school recruitment team, including administrators, counselors, social workers, nurse, psychologist and attendance officer. Furthermore, the appropriate contact person from the Customer will assist the ESC in determining the location and time for the services to be delivered. If not otherwise indicated in the Service Quote, the Customer will provide any necessary transportation for students to participate in selected Services. In the event that the ESC provides special education services to Customer and its students, the Customer agrees that a representative of Customer shall attend all IEP meetings. The Customer further agrees that the provision of special education services to students under state and federal law, including but not limited to Ohio’s Operating Standards for the Education of Students with Disabilities, is ultimately the responsibility of Customer and that nothing contained herein shall be construed or interpreted to relieve Customer of that responsibility. The ESC and the Customer agree that the Customer may sub-contract out the ESC’s services by separate mutual written agreement. All sub-contracting shall be identified in the Service Quote. In the event that sub-contracting is agreed upon, the Customer shall notify the ESC prior to any assignment or location changes of sub-contracted employees. The ESC reserves the right to approve or deny any change. The Customer agrees that it will certify the availability of funds for the obligations under this Agreement. To the extent required by Ohio Revised Code Sections 5705.41 and 5705.412, Customer shall certify the availability of funds in accordance with those provisions. During the period in which this Agreement is in effect and ending one year after the termination or expiration of this Agreement, Customer will not directly or indirectly, on Customer’s own behalf or in the service or on behalf of others, in any capacity induce or attempt to induce any employee to leave the ESC without the written permission of the ESC's Superintendent. In addition, ▇▇▇▇▇▇▇▇ agrees not to employ any ESC employee who performed services for the Customer while employed by the ESC for a period beginning with the last day of service provided to the Customer by the ESC employee and ending one year thereafter. In the event the Customer violates these provisions, the parties agree that the ESC's damages are uncertain or difficult to ascertain and that the agreed upon liquidated damages of the ESC shall be equal to $25,000. The parties further agree that such amount bears a reasonable relationship to, and is not plainly or grossly disproportionate to, the probable loss likely to be incurred in connection with any breach of these provisions.

Appears in 1 contract

Sources: Master Service Agreement

Responsibilities of the Customer. The Customer will cooperate with ESC staff to identify ESC Services to be delivered. The Customer will provide for facilities for ESC staff so that services may be delivered on-site including meeting and classroom space for the staff and students; mailbox and parking space for the staff; access to all necessary student records; work space for the staff; telephone, Internet, fax and copier access; secured filing space for student records; and access to the school recruitment team, including administrators, counselors, social workers, nurse, psychologist and attendance officer. Furthermore, the appropriate contact person from the Customer will assist the ESC in determining the location and time for the services to be delivered. If not otherwise indicated in the Service QuoteQuote or Summary of Services, the Customer will provide any necessary transportation for students to participate in selected Services. In the event that the ESC provides special education services to Customer and its students, the Customer agrees that a representative of Customer shall attend all IEP meetings. The Customer further agrees that the provision of special education services to students under state and federal law, including but not limited to Ohio’s Operating Standards for the Education of Students with Disabilities, is ultimately the responsibility of Customer and that nothing contained herein shall be construed or interpreted to relieve Customer of that responsibility. The ESC and the Customer agree that the Customer may sub-contract out the ESC’s services by separate mutual written agreement. All sub-contracting shall be identified in the Service QuoteQuote or Summary of Services. In the event that sub-contracting is agreed upon, the Customer shall notify the ESC prior to any assignment or location changes of sub-contracted employees. The ESC reserves the right to approve or deny any change. The Customer agrees that it will certify the availability of funds for the obligations under this Agreement. To the extent required by Ohio Revised Code Sections 5705.41 and 5705.412, Customer shall certify the availability of funds in accordance with those provisions. During the period in which this Agreement is in effect and ending one year after the termination or expiration of this Agreement, Customer will not directly or indirectly, on Customer’s own behalf or in the service or on behalf of others, in any capacity induce or attempt to induce any employee to leave the ESC without the written permission of the ESC's Superintendent. In addition, ▇▇▇▇▇▇▇▇ agrees not to employ any ESC employee who performed services for the Customer while employed by the ESC for a period beginning with the last day of service provided to the Customer by the ESC employee and ending one year thereafter. In the event the Customer violates these provisions, the parties agree that the ESC's damages are uncertain or difficult to ascertain and that the agreed upon liquidated damages of the ESC shall be equal to $25,000. The parties further agree that such amount bears a reasonable relationship to, and is not plainly or grossly disproportionate to, the probable loss likely to be incurred in connection with any breach of these provisions.

Appears in 1 contract

Sources: Master Service Agreement

Responsibilities of the Customer. The Customer will cooperate with ESC staff to identify ESC Services to be delivered. The Customer will provide for facilities for ESC staff so that services may be delivered on-site including meeting and classroom space for the staff and students; mailbox and parking space for the staff; access to all necessary student records; work space for the staff; telephone, Internet, fax and copier access; secured filing space for student records; and access to the school recruitment team, including administrators, counselors, social workers, nurse, psychologist and attendance officer. Furthermore, the appropriate contact person from the Customer will assist the ESC in determining the location and time for the services to be delivered. If not otherwise indicated in the Service QuoteQuote or Summary of Services, the Customer will provide any necessary transportation for students to participate in selected Services. In the event that the ESC provides special education services to Customer and its students, the Customer agrees that a representative of Customer shall attend all IEP meetings. The Customer further agrees that the provision of special education services to students under state and federal law, including but not limited to Ohio’s Operating Standards for the Education of Students with Disabilities, is ultimately the responsibility of Customer and that nothing contained herein shall be construed or interpreted to relieve Customer of that responsibility. The ESC and the Customer agree that the Customer may sub-contract out the ESC’s services by separate mutual written agreement. All sub-contracting shall be identified in the Service QuoteQuote or Summary of Services. In the event that sub-contracting is agreed upon, the Customer shall notify the ESC prior to any assignment or location changes of sub-contracted employees. The ESC reserves the right to approve or deny any change. The Customer agrees that it will certify the availability of funds for the obligations under this Agreement. To the extent required by Ohio Revised Code Sections 5705.41 and 5705.412, Customer shall certify the availability of funds in accordance with those provisions. During the period in which this Agreement is in effect and ending one year after the termination or expiration of this Agreement, Customer will not directly or indirectly, on Customer’s own behalf or in the service or on behalf of others, in any capacity induce or attempt to induce any employee to leave the ESC without the written permission of the ESC's Superintendent. In addition, ▇▇▇▇▇▇▇▇ agrees not to employ any ESC employee who performed services for the Customer while employed by the ESC for a period beginning with the last day of service provided to the Customer by the ESC employee and ending one year thereafter. In the event the Customer violates these provisions, the parties agree that the ESC's damages are uncertain or difficult to ascertain and that the agreed upon liquidated damages of the ESC shall be equal to $25,000. The parties further agree that such amount bears a reasonable relationship to, and is not plainly or grossly disproportionate to, the probable probably loss likely to be incurred in connection with any breach of these provisions.

Appears in 1 contract

Sources: Master Service Agreement