ACCORDANCE WITH
THIS SECTION 20.A.
B.
CUSTOMER ACCOUNT EXECUTIVE.
DESIGNATION AND AUTHORITY.
IMMEDIATELY AFTER EXECUTION OF THIS AGREEMENT,
CUSTOMER SHALL DESIGNATE A CUSTOMER ACCOUNT EXECUTIVE FOR THE PROVIDER
ENGAGEMENT UNDER THIS AGREEMENT.
THE CUSTOMER ACCOUNT EXECUTIVE AND HIS/HER
DESIGNEE(S) SHALL HAVE THE AUTHORITY TO ACT FOR AND BIND CUSTOMER AND ITS
CONTRACTORS IN CONNECTION WITH ALL ASPECTS OF THIS AGREEMENT.
ALL OF PROVIDER'S
COMMUNICATIONS SHALL BE SENT TO THE CUSTOMER ACCOUNT EXECUTIVE OR HIS/HER
DESIGNEE(S).
TERM.
CUSTOMER SHALL CAUSE THE PERSON ASSIGNED TO THE POSITION OF ACCOUNT
EXECUTIVE TO DEVOTE SUBSTANTIAL TIME AND EFFORT TO THE MANAGEMENT OF CUSTOMER'S
RESPONSIBILITIES UNDER THIS AGREEMENT. WHENEVER POSSIBLE, CUSTOMER SHALL GIVE
PROVIDER AT LEAST NINETY (90) DAYS ADVANCE NOTICE OF A CHANGE OF THE ACCOUNT
EXECUTIVE OR IF SUCH NINETY (90) DAYS NOTICE IS NOT POSSIBLE, THE LONGEST NOTICE
OTHERWISE POSSIBLE.
C.
KEY EMPLOYEES OF PROVIDER.
FOR THIS AGREEMENT AND EACH PSA
EXECUTED PURSUANT HERETO, PROVIDER SHALL NOTIFY CUSTOMER IN WRITING OF THE NAMES
OF ALL OF THE PROVIDER EMPLOYEES PROVIDING SERVICES UNDER EACH SUCH AGREEMENT
WHO ARE AT THE SENIOR PROFESSIONAL BAND AND ABOVE (EACH A "KEY EMPLOYEE").
SUCH
NOTICE SHALL BE PROVIDED WITHIN THIRTY (30) DAYS OF THE EXECUTION OF THIS
AGREEMENT AND EACH PSA.
PROVIDER SHALL USE COMMERCIALLY REASONABLE EFFORTS TO
MAINTAIN THE INITIAL KEY EMPLOYEES AT CUSTOMER FOR THE MINIMUM TERM OF EIGHTEEN
(18) MONTHS FOLLOWING THE EXECUTION DATE, PROVIDED THAT ANY TERM THAT SUCH KEY
EMPLOYEE HAS ALREADY SPENT IN HIS OR HER CURRENT POSITION PRIOR TO THE EXECUTION
DATE SHALL BE CONSIDERED AS A PART OF THE 18-MONTH PERIOD REFERRED TO HEREIN,
AND EACH OF THE SUBSEQUENT KEY EMPLOYEES FOR A MINIMUM TERM OF EIGHTEEN (18)
MONTHS, UNLESS ANY SUCH KEY EMPLOYEE (I) VOLUNTARILY RESIGNS FROM PROVIDER,
(II) IS DISMISSED BY PROVIDER FOR (A) MISCONDUCT OR (B) UNSATISFACTORY
PERFORMANCE IN RESPECT OF HIS OR HER DUTIES AND RESPONSIBILITIES TO CUSTOMER OR
PROVIDER, (III) IS UNABLE TO WORK DUE TO HIS OR HER DEATH, INJURY OR DISABILITY,
OR (IV) IS REMOVED FROM THE CUSTOMER ASSIGNMENT AT THE REQUEST OF CUSTOMER.
WHENEVER POSSIBLE, PROVIDER SHALL GIVE CUSTOMER AT LEAST NINETY (90) DAYS
ADVANCE NOTICE OF A CHANGE OF A KEY EMPLOYEE OR IF SUCH NINETY (90) DAYS NOTICE
IS NOT POSSIBLE, THE LONGEST NOTICE OTHERWISE POSSIBLE.
IF CUSTOMER DETERMINES
THAT IT IS NOT IN THE BEST INTERESTS OF CUSTOMER FOR ANY KEY EMPLOYEE TO
CONTINUE IN HIS OR HER CAPACITY, THEN CUSTOMER SHALL GIVE PROVIDER WRITTEN
NOTICE REQUESTING THAT SUCH KEY EMPLOYEE BE REPLACED.
PROVIDER SHALL REPLACE
THE KEY EMPLOYEE AS PROMPTLY AS PRACTICABLE, BUT, IN ANY CASE, WITHIN THIRTY
(30) DAYS, IN ACCORDANCE WITH THIS SECTION C.
D.
MEETINGS.
THE PARTIES WILL PARTICIPATE IN AN (I) ANNUAL BUDGETING AND PRICING PROCESS AND
A QUARTERLY DEMAND PLANNING PROCESS AS DESCRIBED IN SECTION 2.I AND (II) AN
ANNUAL BUSINESS STRATEGY AND PRODUCTIVITY ENHANCEMENT PROCESS AS DIRECTED BY
CUSTOMER.
23
CUSTOMER MAY CALL MEETINGS FROM TIME TO TIME WITH REASONABLE NOTICE TO BE HELD
BY TELEPHONE OR VIDEO CONFERENCE TO