Background Examinations Clause Samples
The Background Examinations clause establishes the right of one party to conduct checks or investigations into the background of the other party or its personnel. This may include reviewing criminal records, employment history, education credentials, or other relevant information before or during the contractual relationship. Its core function is to ensure that individuals or entities involved meet certain standards of trustworthiness or qualification, thereby reducing the risk of fraud, misconduct, or reputational harm.
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 rep...
Background Examinations. 20.4.1 Provided that proper consents have been provided by the individuals subject to the investigation, Contractor will conduct background investigations in accordance with Contractor’s Policy on Background Checks, attached hereto as Exhibit I and applicable Laws for all of its personnel who will (a) have periodic or extended access to any ComEd or its affiliates’ assets, including buildings, properties and/or ComEd Data, and/or (b) have contact with any ComEd 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. 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 ComEd’s business and assets. At a minimum, the background investigation must include the following: names, dates of birth, home address, felony criminal history check for the prior seven years, 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).
20.4.2 Contractor will be responsible for conducting the background investigation under Section 20.4.1 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.
20.4.3 Upon ComEd’s written request, Contractor will submit a background investigation certification, which consists of the certification form or a written certification (letter or affidavit) as required by applicable Law, to the ComEd Designated Representative.
20.4.4 In addition to the foregoing, if Contractor becomes aware that any individual performing Services hereunder is ***, Contractor shall remove such individual from performing Services hereunder unless and until ***.
Background Examinations. Vendor will be required to conduct background investigations in accordance with Exelon’s security procedures for all of its personnel who will have access to any Exelon buildings, properties and/or any Exelon assets. Such investigations must be completed prior to the first day upon which Vendor and its personnel are to provide the applicable services. This background investigation will be a minimum 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 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 addresses, 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 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.
Background Examinations. 19.5.1 Contractor will be required to conduct background investigations in accordance with Buyer’s security procedures for Contractor Personnel who will (1) have access to any Buyer 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. 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 Buyer’s business and assets. At a minimum, the background investigation must include the following: names, dates of birth, home address, criminal history drug 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 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.
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, 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 Buyer policies.
19.5.3 Buyer may require Contractor to provide evidence of consent by its personnel, in a form provided or approved by ▇▇▇▇▇, to the performance of background investigations and examinations as provided above. If an individual refuse to consent to performance of a background investigation or examination descri...