CALENDAR YEAR, OR MORE FREQUENTLY AS REQUESTED WITH TEN
(10) BUSINESS DAYS' PRIOR WRITTEN NOTICE, BY EITHER NEXTEL OR VENDOR, AND AT
THESE MEETINGS SHALL DISCUSS REPORTS PREPARED BY THE CONTRACT EXECUTIVES WITH
RESPECT TO THE STATUS OF THE PERFORMANCE OF THIS AGREEMENT AND SIGNIFICANT
EVENTS THAT HAVE OCCURRED SINCE THE PREVIOUS MEETING.
SUCH MEETINGS SHALL BE IN
PERSON IN OR NEAR RESTON, VIRGINIA, PROVIDED THAT THEY MAY BE BY TELEPHONE IF
REQUESTED BY NEXTEL.
5.2.
CONTRACT EXECUTIVES.
EACH PARTY SHALL APPOINT AN INDIVIDUAL (THE
"CONTRACT EXECUTIVE") TO ACT AS THE PRIMARY LIAISON BETWEEN THE PARTIES WITH
RESPECT TO THE MANAGEMENT OF THIS AGREEMENT AND THE PARTIES' RELATIONSHIP
HEREUNDER. THE INITIAL CONTRACT EXECUTIVES AND THEIR POSITIONS WITH NEXTEL AND
VENDOR, RESPECTIVELY, ARE SET FORTH ON THE PERSONNEL TABLE.
VENDOR'S CONTRACT
EXECUTIVES SHALL HAVE OVERALL RESPONSIBILITY FOR DIRECTING ALL OF VENDOR'S
ACTIVITIES HEREUNDER, AND SHALL BE VESTED WITH ALL NECESSARY AUTHORITY TO
FULFILL THAT RESPONSIBILITY.
VENDOR'S CONTRACT EXECUTIVE SHALL BE DEEMED ONE OF
VENDOR'S KEY PERSONNEL.
10
5.3.
[ . . . * * * . . . ]
5.3.1.
[ . . . * * * . . . ]
5.3.2.
[ . . . * * * . . . ]
5.4.
ADDITIONAL PERSONNEL REQUIREMENTS.
5.4.1.
ADDITIONAL STAFFING.
IN ADDITION TO VENDOR'S KEY PERSONNEL,
VENDOR SHALL MAKE AVAILABLE SUCH ADDITIONAL PROFESSIONALS AS ARE NECESSARY TO
PROPERLY PERFORM VENDOR'S OBLIGATIONS UNDER THIS AGREEMENT, INCLUDING VENDOR'S
PERSONNEL AS DESCRIBED IN THE PERSONNEL TABLE.
THE ADDITIONAL PERSONNEL SHALL
PERFORM THE FUNCTIONS, AND SHALL HAVE MINIMUM TIME COMMITMENT TO NEXTEL AND
MINIMUM EXPERIENCE, AS SET FORTH IN SUCH LISTING.
5.4.2.
INDIVIDUAL PERFORMANCE.
IF NEXTEL BELIEVES THAT THE
PERFORMANCE OR CONDUCT OF ANY PERSON EMPLOYED OR RETAINED BY VENDOR OR ITS
SUBCONTRACTOR TO PERFORM VENDOR'S OBLIGATIONS UNDER THIS AGREEMENT IS, FOR ANY
LAWFUL REASON, UNSATISFACTORY TO NEXTEL OR IS NOT IN COMPLIANCE WITH THE
PROVISIONS OF THIS AGREEMENT, NEXTEL MAY SO NOTIFY VENDOR AND UPON ANY SUCH
NOTICE VENDOR SHALL PROMPTLY REMEDY THE PERFORMANCE OR CONDUCT OF SUCH PERSON,
OR, IF THE CONDUCT OR PERFORMANCE HAS NOT BEEN CORRECTED WITHIN FOURTEEN (14)
CALENDAR DAYS AFTER NEXTEL PROVIDES VENDOR NOTICE OF THE PROBLEM, THEN, AT
NEXTEL'S REQUEST, VENDOR SHALL REPLACE, OR CAUSE ITS SUBCONTRACTOR TO REPLACE,
SUCH PERSON WITH ANOTHER PERSON.
5.4.3.
[ . . . * * * . . . ]
5.4.4.
NON-SOLICITATION.
EXCEPT AS OTHERWISE PROVIDED IN THIS
AGREEMENT, AND EXCLUDING EITHER PARTY'S STANDARD RECRUITMENT PRACTICE WHICH MAY
INCLUDE SOLICITATION OF EMPLOYEES THROUGH EMPLOYMENT AGENCIES (OTHER THAN BY
MEMBERS OF THE VENDOR PROJECT STAFF ASSIGNED TO NEXTEL), ADVERTISEMENTS IN
NEWSPAPERS, MAGAZINES, TRADE JOURNALS, OR INTERNET WEB SITES, DURING THE TERM
AND FOR SIX (6) MONTHS THEREAFTER, NEITHER PARTY SHALL, WITHOUT THE OTHER
PARTY'S PRIOR WRITTEN CONSENT, WHICH MAY BE WITHHELD IN ITS SOLE DISCRETION,
DIRECTLY OR INDIRECTLY SOLICIT ANY EMPLOYEE OF THE OTHER PARTY WHOSE DUTIES AND
RESPONSIBILITIES INCLUDE SERVICES PERFORMED IN CONNECTION WITH THIS AGREEMENT TO
LEAVE THE OTHER PARTY'S EMPLOY IN ORDER TO ACCEPT EMPLOYMENT WITH THE SOLICITING
PARTY,