REQUEST WITH THE OPPORTUNITY TO INTERVIEW THE INDIVIDUAL;
AND (IV) PROVIDE HAWAIIAN TELCOM WITH A RÉSUMÉ AND OTHER INFORMATION ABOUT THE
INDIVIDUAL REASONABLY REQUESTED BY HAWAIIAN TELCOM TO THE EXTENT THAT THE
DISCLOSURE OF SUCH OTHER INFORMATION IS CONSISTENT WITH ACCENTURE'S EMPLOYMENT
POLICIES, REASONABLY APPLIED.
IF HAWAIIAN TELCOM OBJECTS TO THE PROPOSED
ASSIGNMENT, THE PARTIES SHALL ATTEMPT TO RESOLVE HAWAIIAN TELCOM'S CONCERNS ON A
MUTUALLY AGREEABLE BASIS.
UNLESS AND UNTIL HAWAIIAN TELCOM'S CONCERNS ARE
SATISFIED, THE INDIVIDUAL SHALL NOT BE ASSIGNED TO THE KEY ACCENTURE PERSONNEL
POSITION.
IF THE PARTIES HAVE NOT BEEN ABLE TO RESOLVE HAWAIIAN TELCOM'S
CONCERNS WITHIN FIVE (5) BUSINESS DAYS, ACCENTURE SHALL PROPOSE TO HAWAIIAN
TELCOM THE ASSIGNMENT OF ANOTHER INDIVIDUAL OF SUITABLE ABILITY AND
QUALIFICATIONS.
SUBJECT TO SECTION 8.5, HAWAIIAN TELCOM HEREBY APPROVES THE KEY
ACCENTURE PERSONNEL IDENTIFIED IN THE APPLICABLE STATEMENT OF WORK AS OF THE
EFFECTIVE DATE.
21
(E)
REPLACEMENT OF KEY ACCENTURE PERSONNEL.
SUBJECT TO SECTION 8.4(C), KEY ACCENTURE PERSONNEL MAY NOT BE TRANSFERRED OR
RE-ASSIGNED BY ACCENTURE UNTIL A SUITABLE REPLACEMENT HAS BEEN APPROVED BY
HAWAIIAN TELCOM IN ACCORDANCE WITH SECTION 8.4(D).
NO TRANSFER MAY OCCUR AT A
TIME OR IN A MANNER THAT WOULD HAVE A MATERIAL ADVERSE IMPACT ON THE SERVICES.
WHERE ACCENTURE MAY REPLACE A PERSON FILLING A KEY ACCENTURE PERSONNEL ROLE
OTHER THAN AS A RESULT OF THE CIRCUMSTANCES IN SECTION 8.4(C), ACCENTURE WILL
USE REASONABLE EFFORTS TO NOT REMOVE THE REPLACED PERSON UNTIL HE/SHE HAS WORKED
WITH THE REPLACEMENT PERSON FOR A PERIOD OF THIRTY (30) DAYS TO FACILITATE AN
ADEQUATE KNOWLEDGE TRANSFER.
(F)
RESERVATION OF RIGHTS.
EXCEPT AS
PROVIDED IN THIS SECTION 8.4, ACCENTURE RESERVES THE RIGHT TO DETERMINE WHICH
ACCENTURE PERSONNEL SHALL BE ASSIGNED TO PERFORM SERVICES, AND TO REPLACE OR
REASSIGN SUCH PERSONNEL DURING THE TERM.
(G)
HAWAII-BASED KEY PERSONNEL.
ACCENTURE'S
OBLIGATIONS WITH RESPECT TO KEY ON-SITE PERSONNEL SHALL BE AS DESCRIBED IN
SECTION 7.1.
8.5
Responsibility for, and Removal of, Accenture
Personnel.
(A)
THE PERSONNEL ASSIGNED TO THE HAWAIIAN
TELCOM ACCOUNT BY ACCENTURE (OR ITS SUBCONTRACTORS) SHALL BE AND REMAIN
EMPLOYEES OF ACCENTURE (OR SUCH SUBCONTRACTORS), AND ACCENTURE (OR SUCH
SUBCONTRACTORS) SHALL PROVIDE FOR AND PAY THE COMPENSATION AND OTHER BENEFITS OF
SUCH PERSONNEL, INCLUDING SALARY, HEALTH, ACCIDENT AND WORKERS' COMPENSATION
BENEFITS AND ALL TAXES AND CONTRIBUTIONS THAT AN EMPLOYER IS REQUIRED TO PAY
WITH RESPECT TO THE EMPLOYMENT OF EMPLOYEES, EXCEPT AS OTHERWISE SPECIFIED IN
SECTION 9.8(J).
(B)
ACCENTURE WILL TAKE REASONABLE EFFORTS TO
LIMIT TURNOVER THAT HAWAIIAN TELCOM IN GOOD FAITH REASONABLY BELIEVES TO BE
EXCESSIVE.
(C)
IF HAWAIIAN TELCOM REASONABLY DETERMINES,
LAWFULLY AND IN GOOD FAITH, THAT AN ACCENTURE PERSONNEL HAS ENGAGED IN
MISCONDUCT, HAWAIIAN TELCOM MAY REQUEST THE REMOVAL OF SUCH ACCENTURE PERSONNEL
FROM THE HAWAIIAN TELCOM ACCOUNT, WITH SUCH REQUEST TO INCLUDE A CONFIDENTIAL
DESCRIPTION OF THE ALLEGED MISCONDUCT.
ACCENTURE SHALL PROMPTLY INVESTIGATE THE
MATTERS FORMING THE BASIS OF SUCH REQUEST.
IF THE ALLEGED ACTIONS OF THE
ACCENTURE PERSONNEL WOULD BE GROUNDS FOR TERMINATION OF EMPLOYMENT WITH HAWAIIAN
TELCOM, ACCENTURE SHALL SUSPEND SUCH ACCENTURE PERSONNEL FROM