Common use of Background Examinations Clause in Contracts

Background Examinations. 22.5.1 Contractor will be required to conduct background investigations in accordance with Exelon’s security procedures for all of its personnel who will (1) have access to any Exelon or its affiliates’ assets, including buildings, properties and/or customer information, and/or (2) have contact with any Exelon or its affiliates’ customers. Such investigations must be completed prior to the first day upon which Contractor and its personnel are to provide the Services. This background investigation will be a minimum requirement and some Exelon business units or departments may have more stringent background investigation requirements, which must be followed in addition to these minimum requirements. The purpose of the background investigation is to ensure application of an appropriate level of security to Contractor Personnel who may affect the reliability, safety and integrity of Exelon’s business and assets. At a minimum, the background investigation must include the following: names, dates of birth, home address, criminal history check, social security number verification or, if the subject is a foreign citizen, verification of an authorized work permit, and driver’s license check (only required if a driver’s license is needed in order to perform the Services). Additionally, any personnel who will have access to Exelon financial data and/or monetary assets must also be subject to a credit check and review of Federal District Court records for any prior bankruptcy filings. 22.5.2 Further Exelon business unit or department background investigations and examinations of Contractor Personnel may include, unless prohibited by applicable Law: (1) license or professional certification verifications; (2) physical and psychological examinations, including random drug testing; (3) education verifications; and (4) any other background investigations and examinations required by Law or Exelon policies that apply to Exelon personnel and other contractors. 22.5.3 Exelon may require Contractor to provide evidence of consent by its personnel, in a form provided by Exelon, to the performance of background investigations and examinations as provided above. If an individual refuses to consent to performance of a background investigation or examination described herein, Contractor shall not be in breach of this Agreement as a result of such individual’s refusal to consent to such background investigation or examination, provided that Contractor (1) immediately removes and replaces such Contractor Personnel with someone who has met the minimum requirements set forth above, and (2) continues to perform the Services in accordance with this Agreement. 22.5.4 Contractor will be responsible for conducting the background investigation at its own expense and shall not be entitled to recover costs thereof unless both parties agree, in writing, in advance of the background investigation. 22.5.5 Upon completion of the background investigation, Contractor will submit a background investigation certification, which consists of the certification form or a written certification (letter or affidavit) as required by applicable Exelon procedures, to the Exelon Designated Representative. 22.5.6 In addition to the foregoing, if Contractor becomes aware that any individual performing Services hereunder is charged with or convicted of a felony or a misdemeanor, Contractor shall remove such individual from performing Services hereunder unless and until (1) the charge is resolved without a conviction or (2) Contractor informs Exelon of the circumstances and Exelon approves such individual continuing to perform Services hereunder.

Appears in 1 contract

Sources: Services Agreement

Background Examinations. 22.5.1 Contractor Vendor will be required to conduct background investigations in accordance with Exelon’s security procedures for all of its personnel who will (1) have access to any Exelon or its affiliates’ assets, including buildings, properties and/or customer information, and/or (2) have contact with any Exelon or its affiliates’ customersassets. Such investigations must be completed prior to the first day upon which Contractor the Vendor and its personnel are to provide the Servicesapplicable services. This background investigation will be a minimum requirement and some requirement. Some Exelon business units or departments may have more stringent background investigation requirements, which must be followed in addition to these minimum requirements. The purpose of the background investigation is to ensure application of an appropriate level of security to Contractor third-party Vendor Personnel who may affect the reliability, safety and integrity of Exelon’s business and assets. At a minimum, the background investigation must include the following: names, dates of birth, home addressaddresses, criminal history check, social security number verification or, if the subject is a foreign citizen, verification of an authorized work permit, and driver’s license check (only required if a driver’s license is needed in order to perform the Servicesservices to be provided). Additionally, any personnel who will have access to Exelon financial data and/or monetary assets must also be subject to a credit check and review of Federal District Court records for any prior bankruptcy filings. 22.5.2 . Further Exelon business unit or department background investigations and examinations of Contractor Vendor Personnel may include, unless prohibited by applicable Lawlaw: (1i) license or professional certification verifications; (2ii) physical and psychological examinations, including random drug testing; (3iii) education verifications; and (4iv) any other background investigations and examinations required by Law law or Exelon regulation or Exelon’s company policies that apply to Exelon its own personnel and other contractors. 22.5.3 . Exelon may require Contractor Vendor to provide evidence of consent by its personnelVendor Personnel, in a form provided by Exelon, to the performance of background investigations and examinations as provided above. If an individual refuses to consent to performance of a background investigation or examination described herein, Contractor Vendor shall not be in breach of this Agreement as a result of such individual’s refusal to consent to such background investigation or examination, provided that Contractor Vendor (1A) immediately removes and replaces such Contractor Vendor Personnel with someone who has met the minimum requirements set forth above, and (2B) continues to perform the Services without degradation and in accordance with this Agreement. 22.5.4 Contractor . The Vendor will be responsible for conducting the background investigation at its own expense and shall not be entitled to recover costs thereof for conducting such unless both parties agree, in writing, in advance of the background investigation. 22.5.5 . Upon completion of the background investigation, Contractor the Vendor will submit a background investigation certification, which consists of the certification form or a written certification (letter or affidavit) as required by applicable Exelon proceduresProcedures, to the appropriate Exelon Designated Representativepoint of contact. 22.5.6 In addition to the foregoing, if Contractor becomes aware that any individual performing Services hereunder is charged with or convicted of a felony or a misdemeanor, Contractor shall remove such individual from performing Services hereunder unless and until (1) the charge is resolved without a conviction or (2) Contractor informs Exelon of the circumstances and Exelon approves such individual continuing to perform Services hereunder.

Appears in 1 contract

Sources: Information Technology Services Agreement

Background Examinations. 22.5.1 20.5.1 Contractor will be required to conduct background investigations in accordance with Exelon’s security procedures for all of its personnel who will (1) have access to any Exelon or its affiliates’ assets, including buildings, properties and/or customer information, and/or (2) have contact with any Exelon or its affiliates’ customers. Such investigations must be completed prior to the first day upon which Contractor and its personnel are to provide the Services. This background investigation will be a minimum requirement and some Exelon business units or departments may have more stringent background investigation requirements, which must be followed in addition to these minimum requirements. The purpose of the background investigation is to ensure application of an appropriate level of security to Contractor Personnel who may affect the reliability, safety and integrity of Exelon’s business and assets. At a minimum, the background investigation must include the following: names, dates of birth, home address, criminal history check, social security number verification or, if the subject is a foreign citizen, verification of an authorized work permit, and driver’s license check (only required if a driver’s license is needed in order to perform the Services). Additionally, any personnel who will have access to Exelon financial data and/or monetary assets must also be subject to a credit check and review of Federal District Court records for any prior bankruptcy filings. 22.5.2 20.5.2 Further Exelon business unit or department background investigations and examinations of Contractor Personnel may include, unless prohibited by applicable Law: : (1) license or professional certification verifications; (2) physical and psychological examinations, including random drug testing; (3) education verifications; and (4) any other background investigations and examinations required by Law or Exelon policies that apply to Exelon personnel and other contractors. 22.5.3 20.5.3 Exelon may require Contractor to provide evidence of consent by its personnel, in a form provided by Exelon, to the performance of background investigations and examinations as provided above. If an individual refuses to consent to performance of a background investigation or examination described herein, Contractor shall not be in breach of this Agreement as a result of such individual’s refusal to consent to such background investigation or examination, provided that Contractor (1) immediately removes and replaces such Contractor Personnel with someone who has met the minimum requirements set forth above, and (2) continues to perform the Services in accordance with this Agreement. 22.5.4 20.5.4 Contractor will be responsible for conducting the background investigation at its own expense and shall not be entitled to recover costs thereof unless both parties agree, in writing, in advance of the background investigation. 22.5.5 20.5.5 Upon completion of the background investigation, Contractor will submit a background investigation certification, which consists of the certification form or a written certification (letter or affidavit) as required by applicable Exelon procedures, to the Exelon Designated Representative. 22.5.6 20.5.6 In addition to the foregoing, if Contractor becomes aware that any individual performing Services hereunder is charged with or convicted of a felony or a misdemeanor, Contractor shall remove such individual from performing Services hereunder unless and until (1) the charge is resolved without a conviction or (2) Contractor informs Exelon of the circumstances and Exelon approves such individual continuing to perform Services hereunder.

Appears in 1 contract

Sources: Consulting and Professional Services Agreement

Background Examinations. 22.5.1 19.5.1 Contractor will be required to conduct background investigations in accordance with ExelonBuyer’s security procedures for all of its personnel Contractor Personnel who will (1) have access to any Exelon Buyer or its affiliatesAffiliates’ assets, including buildings, properties and/or customer information, and/or (2) have contact with any Exelon or its affiliatesAffiliates’ customers. Such investigations must be completed prior to the first day upon which Contractor and its personnel are to provide the Services. This background investigation will be a minimum requirement and some Exelon business units or departments may have more stringent background investigation requirements, which must be followed in addition to these minimum requirements. The purpose of the background investigation is to ensure application of an appropriate level of security to Contractor Personnel who may affect the reliability, safety and integrity of ExelonBuyer’s business and assets. At a minimum, the background investigation must include the following: names, dates of birth, home address, criminal history checkdrug test, social security number verification or, if the subject is a foreign citizen, verification of an authorized work permit, and driver’s license check (only required if a driver’s license is needed in order to perform the Services). Additionally, any personnel who will have access to Exelon Buyer financial data and/or monetary assets must also be subject to a credit check and review of Federal District Court records for any prior bankruptcy filings. Contractor agrees that all background investigations will be conducted and used in accordance with the Fair Credit Reporting Act and any state law equivalents, where applicable, and any other Laws. 22.5.2 Further Exelon 19.5.2 The background investigation in Section 19.5.1 shall be a minimum requirement, and some Buyer business units or departments may have more stringent background investigation requirements and/or conduct their own investigations, which Contractor must follow and/or submit to, in addition to these minimum requirements. Buyer business unit or department background investigations and examinations of Contractor Personnel may include, unless prohibited as permitted by applicable Law: (1) license or professional certification verifications; (2) physical and psychological examinations, including random drug testing; (3) education verifications; and (4) any other background investigations and examinations required by Law or Exelon policies that apply to Exelon personnel and other contractorsBuyer policies. 22.5.3 Exelon 19.5.3 Buyer may require Contractor to provide evidence of consent by its personnel, in a form provided or approved by Exelon▇▇▇▇▇, to the performance of background investigations and examinations as provided above. If an individual refuses refuse to consent to performance of a background investigation or examination described herein, Contractor shall not be in breach of this Agreement these Terms and Conditions as a result of such individual’s refusal to consent to such background investigation or examination, provided that Contractor (1) immediately removes and replaces did not employ such Contractor Personnel with someone who has met the minimum requirements set forth aboveindividual, and (2) continues to perform the Services in accordance with this Agreementthese Terms and Conditions. 22.5.4 19.5.4 Except for background investigations performed by ▇▇▇▇▇, Contractor will be responsible for conducting the background investigation under Section 19.5.1 at its own expense and shall not be entitled to recover costs thereof unless both parties Parties agree, in writing, in advance of the background investigation. 22.5.5 19.5.5 Upon completion of the background investigation, Contractor (or Contractor’s background check vendor) will submit a background investigation certification, which consists of the certification form or a written certification (letter or affidavit) as required by applicable Exelon Buyer procedures, to the Exelon Buyer’s Designated Representative. 22.5.6 In addition 19.5.6 If required by ▇▇▇▇▇, and for personnel who will be working on Buyer’s site, Contractor is to provide photograph of each individual to the foregoing, if Contractor becomes aware that Buyer Security Department prior to the start of an assignment. The photo requirements are: 1. The image must be in color and must be clear with no distortions of any individual performing Services hereunder is charged with or convicted of kind 2. The image should be taken against a felony or a misdemeanor, Contractor shall remove such individual white background 3. The image should be centered in the photo from performing Services hereunder unless and until (1) the charge is resolved without a conviction or (2) Contractor informs Exelon top of the circumstances and Exelon approves such individual continuing shoulders to perform Services hereunderthe top of the head. Do not include anything below the shoulders in the photo 4. No sunglasses or headwear of any kind, unless for religious purposes 5. Must be sent in JPEG format.

Appears in 1 contract

Sources: Consulting and Professional Services Agreement