Common use of ACCESS TO COMPANY’S FACILITIES Clause in Contracts

ACCESS TO COMPANY’S FACILITIES. 18.1 Requirements for Unescorted Personnel and Sensitive Personnel a. Conduct, at Contractor’s cost and expense, a Personnel risk assessment to include at a minimum an identity verification and seven-year criminal background check for the current and past countries of residence of all Unescorted Personnel and Sensitive Personnel. All background checks will be conducted in accordance with federal, state, provincial and local laws, and subject to existing collective bargaining unit agreements or other agreements, if any. A background check completed within two (2) years prior to the date the Contractor signed a Contractor/Vendor Information Form for each such person will be considered valid. Following the initial background check, updates shall be performed no less frequently than every seven (7) years or upon request by Company. In the event Company notifies Contractor of impending expiration of the background check of any Unescorted Personnel or Sensitive Personnel, Contractor shall provide an updated Contractor/Vendor Information Form reflecting a refreshed background check within twenty (20) days of receipt of the Notice in order to avoid revocation of such person’s access. An appropriate authorization form must be signed by each of the Unescorted Personnel and Sensitive Personnel prior to a background check being conducted, acknowledging that the background check is being conducted and authorizing the information obtained to be provided to Company; b. Ensure that Unescorted Personnel and Sensitive Personnel have passed the background checks outlined in subsection 18.1(a) prior to requesting unescorted physical access and/or cyber access to Company’s Facilities and/or CIPS Covered Assets, as applicable. In the event any such person: (i) is currently under indictment for a crime punishable by imprisonment for a term exceeding one year; (ii) has been convicted (within the past seven years) in any court of a crime punishable by imprisonment for a term exceeding one year; (iii) is currently a fugitive of justice; or (iv) is an alien illegally or unlawfully in the United States, such person shall be considered a “restricted person” and may not be Unescorted Personnel or Sensitive Personnel without prior written consent from Company; c. Ensure that Unescorted Personnel and Sensitive Personnel complete Company provided or approved initial CIPS compliance training prior to requesting unescorted physical access and/or cyber access to Company’s Facilities and/or CIPS Covered Assets, as applicable; d. Ensure that Unescorted Personnel and Sensitive Personnel have passed Contractor’s drug and alcohol exam and are in compliance with Contractor’s substance abuse/drug and alcohol policy as outlined in ARTICLE , SUBSTANCE ABUSE; DRUG AND ALCOHOL POLICY; and e. Keep accurate and detailed documentation to confirm completion dates for background checks and all CIPS compliance training (initial and annual training, to the extent applicable), and certify to Company such documentation by completing a Contractor/Vendor Information Form, attached as Exhibit hereto, for each Unescorted Personnel or Sensitive Personnel. Company has the right to audit Contractor’s records supporting each Contractor/Vendor Information Form submitted to Company and to verify that the requisite background checks and CIPS compliance training were performed. Contractor shall provide Company with all requested records supporting Contractor/Vendor Information forms within a reasonable time after receiving such a request, and in the form requested by Company, but not longer than three (3) business days following the date of such request. Contractor shall not allow any Unescorted Personnel or Sensitive Personnel who have not met the foregoing requirements of this subsection 18.1 to perform Work, unless Contractor has received prior written consent from Company.

ACCESS TO COMPANY’S FACILITIES. 18.1 20.1 Requirements for Unescorted Personnel and Sensitive Personnel‌ Company shall specify in the Scope of Work whether or not the Work under this Contract requires: (i) authorized unescorted physical access to Company’s Facilities (i.e., use of Unescorted Personnel); or (ii) authorized unescorted physical access or authorized cyber access to Company’s CIPS Covered Assets (i.e., use of Sensitive Personnel). For all Personnel who require such access, Consultant shall: a. Conduct, at Contractor’s cost and expense, a Personnel risk assessment to include at a minimum an identity verification and seven-year criminal background check for the current and past countries of residence of all Unescorted Personnel and Sensitive Personnel. All background checks will be conducted in accordance with federal, state, provincial and local laws, and subject to existing collective bargaining unit agreements or other agreements, if any. A background check completed within two (2) years prior to the date the Contractor signed a Contractor/Vendor Information Form for each such person will be considered valid. Following the initial background check, updates shall be performed no less frequently than every seven (7) years or upon request by Company. In the event Company notifies Contractor of impending expiration of the background check of any Unescorted Personnel or Sensitive Personnel, Contractor shall provide an updated Contractor/Vendor Information Form reflecting a refreshed background check within twenty (20) days of receipt of the Notice in order to avoid revocation of such person’s access. An appropriate authorization form must be signed by each of the Unescorted Personnel and Sensitive Personnel prior to a background check being conducted, acknowledging that the background check is being conducted and authorizing the information obtained to be provided to Company; b. Ensure that Unescorted Personnel and Sensitive Personnel have passed the background checks outlined in subsection 18.1(a20.3(a) consistent with the Company’s Criteria set forth on Exhibit E prior to requesting unescorted physical access and/or cyber access to Company’s Facilities and/or CIPS Covered Assets, as applicable. In the event any such person: (i) is currently under indictment for a crime punishable by imprisonment for a term exceeding one year; (ii) has been convicted (within the past seven years) in any court of a crime punishable by imprisonment for a term exceeding one year; (iii) is currently a fugitive of justice; or (iv) is an alien illegally or unlawfully in the United States, such person shall be considered a “restricted person” and may not be Unescorted Personnel or Sensitive Personnel without prior written consent from Company; c. b. Ensure that Unescorted Personnel and Sensitive Personnel complete Company provided or approved initial CIPS compliance training prior to requesting unescorted physical access and/or cyber access to Company’s Facilities and/or CIPS Covered Assets, as applicable;applicable;‌ d. c. Ensure that Unescorted Personnel and Sensitive Personnel have passed ContractorConsultant’s drug and alcohol exam and are in compliance with ContractorConsultant’s substance abuse/drug and alcohol policy as outlined in ARTICLE 21, SUBSTANCE ABUSE; DRUG AND ALCOHOL POLICY; and e. d. Keep accurate and detailed documentation to confirm completion dates for background checks and checks, all CIPS compliance training (initial and annual training, to the extent applicable), and drug tests, and certify to Company such documentation by completing a Contractor/Vendor Information Form, attached as Exhibit D hereto, for each Unescorted Personnel or Sensitive Personnel. Company has the right to audit Contractor’s records supporting each Contractor/Vendor Information Form submitted to Company and to verify that the requisite background checks and CIPS compliance training were performed. Contractor shall provide Company with all requested records supporting Contractor/Vendor Information forms within a reasonable time after receiving such a request, and in the form requested by Company, but not longer than three (3) business days following the date of such request. Contractor Consultant shall not allow any Unescorted Personnel or Sensitive Personnel who have not met the foregoing requirements of this subsection 18.1 20.1 to perform Work, unless Contractor Consultant has received prior written consent from Company.

ACCESS TO COMPANY’S FACILITIES. 18.1 Requirements for Unescorted Personnel and Sensitive Personnel Access to Company controlled areas is granted on an as-needed basis only in accordance with Company’s internal badge and access policy. Additionally, Company is required to comply with certain federally mandated critical infrastructure protection standards (CIPS) adopted to ensure that electric utilities, as part of the nation’s critical infrastructure, are able to sustain and secure against vulnerabilities that may threaten the bulk electric system and the utilities that operate it. Company shall specify in the Scope of Work whether or not the Work under this Contract requires either: (i) authorized unescorted physical access to Company’s Facilities (i.e., use of Unescorted Personnel a. ); or (ii) authorized unescorted physical access or authorized cyber access to Company’s CIPS Covered Assets (i.e., use of Sensitive Personnel). For all Personnel who require either such access, Contractor shall: Conduct, at Contractor’s cost and expense, a Personnel risk assessment to include at a minimum an identity verification and seven-year criminal background check for the current and past countries of residence of all Unescorted Personnel and Sensitive Personnel. All background checks will be conducted in accordance with federal, state, provincial and local laws, and subject to existing collective bargaining unit agreements or other agreements, if any. A background check completed within two (2) years prior to the date the Contractor signed a Contractor/Vendor Information Form for each such person will be considered valid. Following the initial background check, updates shall be performed no less frequently than every seven (7) years or upon request by Company. In the event Company notifies Contractor of impending expiration of the background check of any Unescorted Personnel or Sensitive Personnel, Contractor shall provide an updated Contractor/Vendor Information Form reflecting a refreshed background check within twenty (20) days of receipt of the Notice in order to avoid revocation of such person’s access. An appropriate authorization form must be signed by each of the Unescorted Personnel and Sensitive Personnel prior to a background check being conducted, acknowledging that the background check is being conducted and authorizing the information obtained to be provided to Company; b. ; Ensure that Unescorted Personnel and Sensitive Personnel have passed the background checks outlined in subsection 18.1(a) prior to requesting unescorted physical access and/or cyber access to Company’s Facilities and/or CIPS Covered Assets, as applicable. In the event any such person: (i) is currently under indictment for a crime punishable by imprisonment for a term exceeding one year; (ii) has been convicted (within the past seven years) in any court of a crime punishable by imprisonment for a term exceeding one year; (iii) is currently a fugitive of justice; or (iv) is an alien illegally or unlawfully in the United States, such person shall be considered a “restricted person” and may not be Unescorted Personnel or Sensitive Personnel without prior written consent from Company; c. ; Ensure that Unescorted Personnel and Sensitive Personnel complete Company provided or approved initial CIPS compliance training prior to requesting unescorted physical access and/or cyber access to Company’s Facilities and/or CIPS Covered Assets, as applicable; d. ; Ensure that Unescorted Personnel and Sensitive Personnel have passed Contractor’s drug and alcohol exam and are in compliance with Contractor’s substance abuse/drug and alcohol policy as outlined in ARTICLE ARTICLE__, SUBSTANCE ABUSE; DRUG AND ALCOHOL POLICY; and e. and Keep accurate and detailed documentation to confirm completion dates for background checks and all CIPS compliance training (initial and annual training, to the extent applicable), and certify to Company such documentation by completing a Contractor/Vendor Information Form, attached as Exhibit __ hereto, for each Unescorted Personnel or Sensitive Personnel. Company has the right to audit Contractor’s records supporting each Contractor/Vendor Information Form submitted to Company and to verify that the requisite background checks and CIPS compliance training were performed. Contractor shall provide Company with all requested records supporting Contractor/Vendor Information forms within a reasonable time after receiving such a request, and in the form requested by Company, but not longer than three (3) business days following the date of such request. Contractor shall not allow any Unescorted Personnel or Sensitive Personnel who have not met the foregoing requirements of this subsection 18.1 to perform Work, unless Contractor has received prior written consent from Company.