ANY MEASURE OF CONTROL OVER THE WORK, SHALL BE DEEMED TO
MEAN THAT CONTRACTOR SHALL FOLLOW THE DESIRES OF OWNER OR THE OWNER
REPRESENTATIVE IN THE RESULTS OF THE WORK ONLY AND NOT IN THE MEANS BY WHICH THE
WORK IS TO BE ACCOMPLISHED, AND CONTRACTOR SHALL HAVE THE COMPLETE RIGHT,
OBLIGATION AND AUTHORITATIVE CONTROL OVER THE WORK AS TO THE MANNER, MEANS OR
DETAILS AS TO HOW TO PERFORM THE WORK.
NOTHING HEREIN SHALL BE INTERPRETED TO
CREATE A MASTER-SERVANT OR PRINCIPAL-AGENT RELATIONSHIP BETWEEN CONTRACTOR, OR
ANY OF ITS SUBCONTRACTORS OR SUB-SUBCONTRACTORS, AND OWNER.
NEVERTHELESS,
CONTRACTOR SHALL COMPLY WITH ALL PROVISIONS, TERMS AND CONDITIONS OF THIS
AGREEMENT, AND THE FACT THAT CONTRACTOR IS AN INDEPENDENT CONTRACTOR DOES NOT
RELIEVE IT FROM ITS RESPONSIBILITY TO FULLY, COMPLETELY, TIMELY AND SAFELY
PERFORM THE WORK IN COMPLIANCE WITH THIS AGREEMENT.
EXCEPT TO THE EXTENT SET
FORTH IN THIS AGREEMENT, INCLUDING SECTIONS 6.1C, 6.2D, 11.5A, 11.8 AND 16.3,
AND SUBJECT AT ALL TIMES TO SECTION 6.7, OWNER SHALL NOT BE ENTITLED TO ISSUE
ANY INSTRUCTION OR DIRECTIVE TO CONTRACTOR OR ANY OF ITS SUBCONTRACTORS OR
SUB-SUBCONTRACTORS IN CONNECTION WITH PERFORMANCE OF THE WORK.
OWNER SHALL
PROVIDE A COPY TO CONTRACTOR OF ANY WRITTEN COMMUNICATION FROM OWNER TO ANY
SUBCONTRACTOR OR SUB-SUBCONTRACTOR THAT RELATES TO CONTRACTOR'S PERFORMANCE OF
THE WORK.
2.2
KEY PERSONNEL, ORGANIZATION CHART AND
CONTRACTOR REPRESENTATIVE.
A.
KEY PERSONNEL AND ORGANIZATION CHART.
ATTACHMENT F SETS FORTH CONTRACTOR'S ORGANIZATIONAL CHART TO BE IMPLEMENTED FOR
THE WORK AND ALSO CONTAINS A LIST OF KEY PERSONNEL ("KEY PERSONNEL" OR "KEY
PERSONS") FROM CONTRACTOR'S ORGANIZATION WHO WILL BE ASSIGNED TO THE WORK.
KEY
PERSONNEL SHALL, UNLESS OTHERWISE EXPRESSLY STATED IN ATTACHMENT F, BE DEVOTED
FULL-TIME TO THE WORK UNTIL SUBSTANTIAL COMPLETION, AND KEY PERSONNEL SHALL NOT
BE REMOVED OR REASSIGNED WITHOUT OWNER'S PRIOR WRITTEN APPROVAL (SUCH APPROVAL
NOT TO BE UNREASONABLY WITHHELD); PROVIDED, HOWEVER, OWNER'S PRIOR WRITTEN
APPROVAL SHALL NOT BE REQUIRED IN THE EVENT CONTRACTOR REMOVES OR REASSIGNS A
KEY PERSON AT ANY TIME PRIOR TO OWNER'S ISSUANCE OF THE NTP.
ALL REQUESTS FOR
THE SUBSTITUTION OF KEY PERSONNEL SHALL INCLUDE A DETAILED EXPLANATION AND
REASON FOR THE REQUEST AND THE RESUMES OF PROFESSIONAL EDUCATION AND EXPERIENCE
FOR A MINIMUM OF TWO (2) CANDIDATES OF EQUAL OR GREATER QUALIFICATIONS AND
EXPERIENCE.
SHOULD OWNER APPROVE OF THE REPLACEMENT OF A KEY PERSON, CONTRACTOR
SHALL, SO FAR AS REASONABLY PRACTICABLE, ALLOW FOR AN OVERLAP OF AT LEAST ONE
(1) WEEK DURING WHICH BOTH THE KEY PERSON TO BE REPLACED AND THE OWNER-APPROVED
NEW KEY PERSON SHALL WORK TOGETHER FULL TIME.
THE ADDITIONAL COST OF ANY
REPLACEMENT OF SUCH KEY PERSONNEL AND OVERLAP TIME SHALL BE ENTIRELY AT
CONTRACTOR'S EXPENSE.
OWNER SHALL HAVE THE RIGHT, BUT NOT THE OBLIGATION, AT
ANY TIME TO REASONABLY REQUEST THAT CONTRACTOR REPLACE ANY KEY PERSON WITH
ANOTHER EMPLOYEE ACCEPTABLE TO OWNER.
IN SUCH EVENT, CONTRACTOR SHALL
REASONABLY CONSIDER OWNER'S REQUEST THAT CONTRACTOR REPLACE SUCH KEY PERSON.
B.
CONTRACTOR REPRESENTATIVE.
CONTRACTOR
DESIGNATES ASOK KUMAR AS THE CONTRACTOR REPRESENTATIVE.
NOTIFICATION OF A
CHANGE IN