Common use of Permission to Operate Clause in Contracts

Permission to Operate. Additionally, Contractor shall not allow an employee or applicant for employment to operate under this Agreement, and any application or permit for such operation shall be denied or withdraw when applicant or employee: 1. Is under indictment or has been convicted or granted deferred adjudication that has not resulted in a dismissal for the offense of criminal homicide including murder, capital murder, manslaughter, but excluding criminally negligent homicide; 2. During the seven (7) years immediately preceding the application for employment, the applicant was convicted or granted deferred adjudication that has not resulted in a dismissal for the offense of criminal homicide, including murder, involuntary manslaughter, criminally negligent homicide, rape, sexual assault, sale or possession of illegal drugs robbery or felony theft; 3. Is under indictment or charged by information or complaint or convicted or granted deferred adjudication that did not result in dismissal for any offense involving fraud or theft the unauthorized use of a vehicle, violation of any State or Federal laws regulating firearms, violence to any person except conduct classified as no greater than a Class C misdemeanor offense under State law prostitution or the promotion of prostitution, sexual assault, sexual abuse, lewdness or indecency, for use, sale or possession of drugs, driving while intoxicated, or any job related offense; 4. Is on probation, parole, or mandatory supervision for an offense noted herein; 5. Has falsified or materially altered or omitted pertinent information in any governmental record, including an application for employment as a driver; and 6. Has been convicted of four (4) or more moving violations of the traffic laws of this or any other state within the twelve (12) month period immediately preceding the date of the application of employment.