TranSystems Corporation - LGM Construction

Section 11.02. FedEx's Decisions.
As soon as practicable after presentation to him,
FedEx's Representative shall make decisions in writing on all matters relating to the prosecution
of the Work or the interpretation of the Contract Documents and, unless Contractor initiates the
procedures set forth in Article 26 within 30 days after the date on which FedEx’s Representative
renders his decision or within such earlier period of time as may be specified in another Section
of this Agreement, any decision that FedEx's Representative makes will be conclusive.
ARTICLE 12
SUPERVISION OF THE WORK;
SAFETY AND SECURITY
Section 12.01. Contractor's Project Manager.
Contractor shall designate in writing a
competent superintendents (the “Superintendents”), who must be satisfactory to FedEx. FedEx’s
approval of the Superintendent will not relieve Contractor of any of its responsibilities,
obligations, warranties or duties. Contractor shall replace the Superintendent upon FedEx's
written request, but Contractor may not replace the Superintendents without FedEx’s prior
written consent unless the Superintendent ceases to be in Contractor's employ. The
Superintendent will represent Contractor and all directions that FedEx gives to him or her will be
as binding as if given directly to Contractor’s executive officers. The Superintendent must
devote his or her full time to the Work until Final Acceptance occurs and must maintain his or
her office at the Site until Final Acceptance occurs. The Superintendent will direct, coordinate
and supervise all Work and the Superintendent will inspect all Materials delivered to the Site to
ascertain whether or not they comply with the requirements of the Contract Documents, and
reject all non-conforming Work.
Section 12.02. Staffing. Contractor will furnish a staff (inclusive of the Superintendent)
generally in accordance with the schedule attached as the attached Exhibit I. Contractor shall
supplement that staff with whatever additional personnel are required to ensure that the Work
will progress and be completed in accordance with the Construction Schedule. FedEx must
approve in writing the replacement for any "key" employees designated on the attached Exhibit
I.
All personnel that Contractor uses in the performance of the Work must be qualified by
training and experience to perform their assigned tasks and must have all licenses required by
applicable Legal Requirements or the Contract Documents and, at FedEx’s request, Contractor
will not use any personnel that FedEx determines to be incompetent, careless, unqualified to
perform the work assigned to him or her, or otherwise unsatisfactory. Except for the foregoing
rights that FedEx expressly reserves, all matters pertaining to Contractor's employees will be
Contractor’s responsibility.
Section 12.03. Order and Discipline. (a) Contractor shall enforce strict discipline and
good order at all times among its employees and the employees of its Subcontractors. If any
person at the Site appears to be incompetent, disorderly or intemperate, or disrupts or interferes
with the Work in any way, or makes an inappropriate racial, sexual or ethnic comment, statement
or gesture toward any other individual engaged in the performance of the Work or any FedEx
employee working at or in the vicinity of the Site, or is in any other way disqualified for or
unfaithful to the job entrusted to him or her, Contractor shall replace such person, or cause such
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