PERSON ASSIGNED TO THE POSITION OF
ACCOUNT EXECUTIVE TO MAINTAIN HIS OR HER PRINCIPAL OFFICE AT A LOCATION
DESIGNATED BY CUSTOMER AND TO DEVOTE ALL TIME AND EFFORT THAT IS REASONABLY
NECESSARY TO THE PROVISION OF THE SERVICES UNDER THIS
28
Agreement.
PROVIDER shall use commercially reasonable efforts to maintain the
initial PROVIDER Account Executive at CUSTOMER for the minimum term of eighteen
(18) months following the Execution Date, provided that any term that such
Account Executive 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 PROVIDER Account Executives for a minimum
term of eighteen (18) months, unless such Account Executive (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 the Account Executive or if
such ninety (90) days notice is not possible, the longest notice otherwise
possible.
(D)
REMOVAL.
IF CUSTOMER DETERMINES THAT IT IS NOT IN THE BEST
INTERESTS OF CUSTOMER FOR THE PROVIDER ACCOUNT EXECUTIVE TO CONTINUE IN HIS OR
HER CAPACITY, THEN CUSTOMER SHALL GIVE PROVIDER WRITTEN NOTICE REQUESTING THAT
THE ACCOUNT EXECUTIVE BE REPLACED.
PROVIDER SHALL REPLACE THE ACCOUNT EXECUTIVE
AS PROMPTLY AS PRACTICABLE, BUT, IN ANY CASE, WITHIN THIRTY (30) DAYS, IN
ACCORDANCE WITH THIS SECTION 20.1.
20.2
CUSTOMER ACCOUNT EXECUTIVE.
(A)
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).
(B)
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.
20.3
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