Common use of Criminal and other Background Checks Clause in Contracts

Criminal and other Background Checks. (a) Supplier shall inform Buyer if any Supplier Personnel to be assigned to perform services hereunder are former employees of Xxxxx, which assignment is subject to Xxxxx’s approval. (b) To the extent permitted by local law, Supplier will obtain from Supplier Personnel photographic proof of identity from an official government source (including but not limited to documentation such as a valid driver’s license or government issued passport). (c) To the extent permitted by local law, Supplier will conduct or otherwise obtain criminal background checks on Supplier Personnel as defined in section (d) below, in locations where the Supplier Personnel resided for the past seven years. Where no criminal convictions within the past seven years are identified, Supplier Personnel may be assigned to perform services. Where a criminal conviction is identified, Supplier may not assign Supplier Personnel where Supplier Personnel is disqualified from performing services based on Supplier’s individualized assessment of the conviction against the services to be performed in accordance with applicable law and guidance, which may include but is not limited to the Equal Employment Opportunity Commission’s promulgated guidance in the United States or similar state or other government promulgated guidance, as applicable. If, after such assessment, Supplier still recommends assigning a Supplier Personnel with a criminal conviction to perform services, Xxxxx must first be informed of such decision.

Appears in 8 contracts

Samples: www.kyndryl.com, www.kyndryl.com, www.kyndryl.com

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Criminal and other Background Checks. (a) Supplier shall inform Buyer IBM if any Supplier Personnel to be assigned to perform services hereunder are former employees of XxxxxIBM, which assignment is subject to XxxxxIBM’s approval. (b) To the extent permitted by local law, Supplier will obtain from Supplier Personnel photographic proof of identity from an official government source (including but not limited to documentation such as a valid driver’s license or government issued passport). (c) To the extent permitted by local law, Supplier will conduct or otherwise obtain criminal background checks on Supplier Personnel as defined in section (d) below, in locations where the Supplier Personnel resided for the past seven years. Where no criminal convictions within the past seven years are identified, Supplier Personnel may be assigned to perform services. Where a criminal conviction is identified, Supplier may not assign Supplier Personnel where Supplier Personnel is disqualified from performing services based on Supplier’s individualized assessment of the conviction against the services to be performed in accordance with applicable law and guidance, which may include but is not limited to the Equal Employment Opportunity Commission’s promulgated guidance in the United States or similar state or other government promulgated guidance, as applicable. If, after such assessment, Supplier still recommends assigning a Supplier Personnel with a criminal conviction to perform services, Xxxxx IBM must first be informed of such decision.

Appears in 1 contract

Samples: www-03.ibm.com

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Criminal and other Background Checks. (a) Supplier shall inform Buyer IBM if any Supplier Personnel to be assigned to perform services Services hereunder are former employees of XxxxxIBM, which assignment is subject to XxxxxIBM’s approval. (b) To the extent permitted by local law, Supplier will obtain from Supplier Personnel photographic proof of identity from an official government source (including but not limited to documentation such as a valid driver’s license or government issued passport). (c) To the extent permitted by local law, Supplier will conduct or otherwise obtain criminal background checks on Supplier Personnel as defined in section (d) below, in locations where the Supplier Personnel resided for the past seven years. Where no criminal convictions within the past seven years are identified, Supplier Personnel may be assigned to perform servicesServices. Where a criminal conviction is identified, Supplier may not assign Supplier Personnel where Supplier Personnel is disqualified from performing services Services based on Supplier’s individualized assessment of the conviction against the services Services to be performed in accordance with applicable law and guidance, which may include but is not limited to the Equal Employment Opportunity Commission’s promulgated guidance in the United States or similar state or other government promulgated guidance, as applicable. If, after such assessment, Supplier still recommends assigning a Supplier Personnel with a criminal conviction to perform services, Xxxxx must first be informed of such decision.Personnel

Appears in 1 contract

Samples: www-03.ibm.com

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