Common use of Use Permitted Clause in Contracts

Use Permitted. Individuals performing services (physical or logical) or having unescorted access within the Company Space, will meet the following individual eligibility requirements for access to U.S. Government Classified Information or Technology2: Supplier will only use individuals who are resident citizens of the United States, and have an active U.S. Government security clearance investigation of NACLC/SECRET, which can be verified through the Joint Personnel Adjudication System (collectively, “Cleared Resource”). Individuals who do not meet the definition of a Cleared Resource, and who are resident citizens of the United States, may have limited access to the Company Space provided that those individuals are escorted and under constant supervision by a Cleared Resource, and are effectively precluded from access to Classified Information or Technology. Resident Aliens (“Permanent Resident”) and Non-Resident Aliens (“Visa Holder” or “Work Authorizations”) will not perform services (whether physical or logical) and will not have access (whether escorted or unescorted), except as expressly agreed in writing in advance by Company and approved by the Company Corporate Facility Security Officer. This requirement does not apply to Medical, Police, Fire or other emergency responders’, when responding in an official capacity within the Company Space. When requested, these officials will be afforded access to all areas of the Company Space through key or access control. Company will be notified immediately, when these situations occur. Notwithstanding the foregoing, Supplier Personnel who are not Cleared Resources may access the Company Space via the Company-provided fail over switch in any Emergency Event; provided that Supplier will notify Company within twenty-four hours of any Emergency Event and following any Emergency Event, Supplier will 1 Controlled Unclassified Information or Technology, the export of which is controlled by the International Traffic in Arms Regulations (“ITAR”) or the Export Administrative Regulations (“EAR”). The export of technical data, which is inherently military in nature, is controlled by the ITAR. The export of technical data, which has both military and commercial uses, is controlled by the EAR. Controlled Unclassified Information includes other forms information or technology that is (i) pertinent to the national interests of the United States or to the important interests of entities outside the Federal Government, and (ii) under law or policy requires protection from unauthorized disclosure, special handling safeguards, or prescribed limits on exchange or dissemination. 2 Any information or technology that has been determined pursuant to Executive Order 13526 (or any predecessor or successor the reof) to require protection against unauthorized disclosure and is so designated. The classifications TOP SECRET, SECRET, and CONFIDENTIAL are used to designate such information. make available to Company at the Service Location the Supplier Personnel who accessed the Company Space and will cause such Supplier Personnel to execute any non-disclosure agreement, in form and substance satisfactory to Supplier in its reasonable discretion, as may be required by Company. Supplier agrees to use only those personnel who are eligible to work in the United States to have access to Company Space. All Supplier Personnel performing Services that requires access to Company Space will be fully qualified to perform the tasks assigned them. Supplier will provide Company with such information regarding proposed Supplier Personnel to be assigned to perform Services as Company may reasonably request, provided that Supplier shall not be required to provide any such information in violation of applicable Law. Company will have the right, in its reasonable discretion, to reject the assignment of any such Supplier Personnel, and upon such rejection Supplier will propose alternate personnel.

Use Permitted. Individuals performing services (physical or logical) or having unescorted access within the Company Space, will meet the following individual eligibility requirements for access to U.S. Government Classified Information or Technology2: Supplier will only use individuals who are resident citizens of the United States, and have an active U.S. Government security clearance investigation of NACLC/SECRET, which can be verified through the Joint Personnel Adjudication System (collectively, “Cleared Resource”). Individuals who do not meet the definition of a Cleared Resource, and who are resident citizens of the United States, may have limited access to the Company Space provided that those individuals are escorted and under constant supervision by a Cleared Resource, and are effectively precluded from access to Classified Information or Technology. Resident Aliens (“Permanent Resident”) and Non-Resident Aliens (“Visa Holder” or “Work Authorizations”) will not perform services (whether physical or logical) and will not have access (whether escorted or unescorted), except as expressly agreed in writing in advance by Company and approved by the Company Corporate Facility Security Officer. This requirement does not apply to Medical, Police, Fire or other emergency responders’, when responding in an official capacity within the Company Space. When requested, these officials will be afforded access to all areas of the Company Space through key or access control. Company will be notified immediately, when these situations occur. Notwithstanding the foregoing, Supplier Personnel who are not Cleared Resources may access the Company Space via the Company-provided fail over switch in any Emergency Event; provided that Supplier will notify Company within twenty-four hours of any Emergency Event and following any Emergency Event, Supplier will to 1 Controlled Unclassified Information or Technology, the export of which is controlled by the International Traffic in Arms Regulations (“ITAR”) or the Export Administrative Regulations (“EAR”). The export of technical data, which is inherently military in nature, is controlled by the ITAR. The export of technical data, which has both military and commercial uses, is controlled by the EAR. Controlled Unclassified Information includes other forms information or technology that is (i) pertinent to the national interests of the United States or to the important interests of entities outside the Federal Government, and (ii) under law or policy requires protection from unauthorized disclosure, special handling safeguards, or prescribed limits on exchange or dissemination. 2 Any information or technology that has been determined pursuant to Executive Order 13526 (or any predecessor or successor the reofthereof) to require protection against unauthorized disclosure and is so designated. The classifications TOP SECRET, SECRET, and CONFIDENTIAL are used to designate such information. Medical, Police, Fire or other emergency responders’, when responding in an official capacity within the Company Space. When requested, these officials will be afforded access to all areas of the Company Space through key or access control. Company will be notified immediately, when these situations occur. Notwithstanding the foregoing, Supplier Personnel who are not Cleared Resources may access the Company Space via the Company-provided fail over switch in any Emergency Event; provided that Supplier will notify Company within twenty-four hours of any Emergency Event and following any Emergency Event, Supplier will make available to Company at the Service Location the Supplier Personnel who accessed the Company Space and will cause such Supplier Personnel to execute any non-disclosure agreement, in form and substance satisfactory to Supplier in its reasonable discretion, as may be required by Company. Supplier agrees to use only those personnel who are eligible to work in the United States to have access to Company Space. All Supplier Personnel performing Services that requires access to Company Space will be fully qualified to perform the tasks assigned them. Supplier will provide Company with such information regarding proposed Supplier Personnel to be assigned to perform Services as Company may reasonably request, provided that Supplier shall not be required to provide any such information in violation of applicable Law. Company will have the right, in its reasonable discretion, to reject the assignment of any such Supplier Personnel, and upon such rejection Supplier will propose alternate personnel.