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a result of such workers compensation claims in the event the Client engaged in intentional, reckless or
<br /> grossly negligent misconduct relating thereto.
<br /> Section 2.03. Employee Benefits. MGT will provide to Assigned Employee those employee
<br /> benefits identified in the attached Exhibit B. MGT may amend or terminate any of its employee benefit
<br /> plans according to their terms. All employee benefits,including severance benefits for Assigned Employee
<br /> will be included in Fees payable to MGT under Section 3.01 of this Agreement.
<br /> Section 2.04. Maintenance and Retention of Payroll and Benefit Records. MGT will maintain
<br /> records of all wages and benefits paid and personnel actions taken by MGT in connection with any of the
<br /> Assigned Employees. MGT will retain control of such records and make them available for inspection as
<br /> required by applicable federal,state or local laws.
<br /> Section 2.05. Other Obligations of MGT. MGT will comply with any federal,state and local law
<br /> applicable to its Assigned Employee(s).
<br /> Section 2.06. Direction and Control. The Parties agree and acknowledge that, with relation to
<br /> the work to be performed by the Assigned Employee for Client hereunder,the Client has the right of direction
<br /> and control over the Assigned Employee, including matters of discipline, excluding removal or
<br /> reassignment,as provided for by Section 1.01. The Assigned Employee(s) will be supervised,directly and
<br /> indirectly, and exclusively with regard thereto by the Client's supervisory and managerial employees and
<br /> shall be deemed and considered a "public employee" under the Illinois Governmental Employees Tort
<br /> Immunity Act, 745 ILCS 10/1-101, et seq., and specifically as an agent, volunteer, servant or employee"
<br /> under Section 1-102 thereof with respect to the work performed for the Client hereunder.
<br /> Section 2.07. Obligations of the Client. Pursuant to this Agreement the Client covenants,agrees
<br /> and acknowledges:
<br /> (a) The Client will provide the Assigned Employee with a suitable workplace, that
<br /> complies with US Occupational Safety and Health Administration ("OSHA") statutes and
<br /> regulations, and all other health and safety laws, regulations, ordinances, directives, and rules
<br /> applicable to the Assigned Employee and the Assigned Employee's workplace. The Client agrees
<br /> to comply, at its expense, with all health and safety directives from MGT's internal and external
<br /> loss control specialists, MGT's workers'compensation carrier, or any government agency having
<br /> jurisdiction over the place of work. The Client will provide and ensure use of all functional personal
<br /> protective equipment as required by any federal,state or local law,regulation,ordinance,directive,
<br /> or rule or as deemed necessary by MGT's workers'compensation carrier. MGT and/or its insurance
<br /> carriers have the right to inspect the Client's premises to ensure that the Assigned Employee is not
<br /> exposed to an unsafe workplace. MGT's rights under this paragraph do not diminish or alter the
<br /> Client's obligations to the Assigned Employee under applicable law,or its obligations to MGT under
<br /> this Agreement;
<br /> (b) With respect to the Assigned Employee,the Client will comply with all applicable
<br /> labor and employment-related laws and regulations, and any other federal, state or local statute,
<br /> state constitution, ordinance, order, regulation, policy or decision, prohibiting employment
<br /> discrimination, or otherwise establishing or relating to the terms and conditions of Assigned
<br /> Employee's Assignment;
<br /> (c) The Client retains the right to exert sufficient direction and control over the
<br /> Assigned Employee as is necessary to conduct the Client's business and operations,without which,
<br /> the Client would be unable to conduct its business, operation or to comply with any applicable
<br /> licensure,regulatory or statutory requirements;
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<br /> MGT.us
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