(d) The Contractor shall not recruit, or attempt to recruit, staff or personnel from amongst the Employer’s personnel. The Contractor shall not provide any entertainment or gifts of any kind to employees of the Employer or attempt in any way to influence their duties in regard to this Agreement or the Bidding Documents.
(e) The Contractor shall be held responsible for the behavior and actions of any person employed or subcontracted by the Contractor. The Employer may request the Contractor to remove from the Site, or from any activity connected with the Operation and Maintenance Services, any person employed or subcontracted by the Contractor in connection with the Operation and Maintenance Services who in the reasonable opinion of the Employer has committed misconduct, incompetent or negligent acts or acts not in accordance with Laws and Regulations or any other obligation that the Contractor shall comply with. The Contractor shall consider any such request in good faith having regard to Laws and Regulations and with a view to minimizing any compensation or other legal liability which may arise upon any such termination.
(f) The Contractor shall be solely responsible for staffing and labor relations with its employees and its Subcontractors.
(g) All transportation of the Contractor’s personnel (both within and outside the Site) shall be the responsibility of the Contractor at its sole cost.
(h) The Contractor shall solely be responsible for all injury, death, compensation, medical and hospital expenses of the Contractor’s employees during their employment, except for such injury, death, compensation, medical and hospital expenses that is or are attributable to the negligence or misconduct of the Employer. The Contractor shall be responsible for obtaining and maintaining any insurance required by applicable Laws and Regulations and otherwise desirable in accordance with Good Industry Practice. The Contractor shall, except for any disputes or claims attributable to the negligence or misconduct of the Employer, indemnify the Employer against any disputes/claims brought against it by the Contractor’s personnel, or their dependents, arising from the performance of the Operation and Maintenance Services.
(i) The Contractor shall, prior to commencing work on the Site, submit to the Employer a list of all Contractor’s employees, Subcontractors and Subcontractor’s employees proposed to be on the Site showing the name and classification for each employee and Subcontractor and shall thereafter, at least (7) days prior to their proposed arrival date, give the Employer the same details in respect of each new employee and Subcontractor proposed to be on the Site. The Employer reserves the right to refuse site access to any employee of the Contractor or any Subcontractor.