Common use of Criminal and other Background Checks Clause in Contracts

Criminal and other Background Checks. (a) Supplier shall inform INTESA if any Supplier Personnel to be assigned to perform Services hereunder are former employees of INTESA, which assignment is subject to INTESA’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, INTESA must first be informed of such decision. INTESA will thereafter review the criminal conviction and Services which will be performed and/or access that the Supplier Personnel will have. Unless otherwise required for this review, INTESA will not receive any personally identifiable information (e.g., Supplier Personnel name, social security number, etc.) (d) For Supplier Personnel in the United States, a Federal background check must be conducted as well as a county or state background check, whichever is more comprehensive. In other countries, background checks may be at the county, state, province and/or country level, whichever is most comprehensive. (e) Upon INTESA request and subject to applicable law, Supplier will provide documentation to IBM to verify its compliance with this section.

Criminal and other Background Checks. (a) a. Supplier shall inform INTESA if any Supplier Personnel to be assigned to perform Services hereunder are former employees of INTESA, which assignment is subject to INTESA’s approval. (b) 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) 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, INTESA must first be informed of such decision. INTESA will thereafter review the criminal conviction and Services which will be performed and/or access that the Supplier Personnel will have. Unless otherwise required for this review, INTESA will not receive any personally identifiable information (e.g., Supplier Personnel name, social security number, etc.) (d) d. For Supplier Personnel in the United States, a Federal background check must be conducted as well as a county or state background check, whichever is more comprehensive. In other countries, background checks may be at the county, state, province and/or country level, whichever is most comprehensive. (e) e. Upon INTESA request and subject to applicable law, Supplier will provide documentation to IBM INTESA to verify its compliance with this section. f. Notwithstanding the foregoing, Supplier is not required to conduct an additional background check on Supplier Personnel if (a) Supplier conducted a background check that meets or exceeds INTESA’s requirements in the Criminal and other Background Checks subsection above in the last five (5) years and (b) the Supplier Personnel have not had a gap in employment with Supplier during that five-year period. 15. Tracing of financial flows The Supplier undertakes to fully comply with the provisions of the Law August 13, 2010 n.136 (including but not limited to Article 3 of such Law) on Tracing of Financial Flows related to public contracts. In case of breach by the Supplier of such provisions, this GTC, the PO and/or Attachment shall be terminated pursuant to art. 1456 civil code, without prejudice to the Supplier’s liability for any damages caused by such violation.

Criminal and other Background Checks. (a) a. Supplier shall inform INTESA if any Supplier Personnel to be assigned to perform Services hereunder are former employees of INTESA, which assignment is subject to INTESA’s approval. (b) 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) 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, INTESA must first be informed of such decision. INTESA will thereafter review the criminal conviction and Services which will be performed and/or access that the Supplier Personnel will have. Unless otherwise required for this review, INTESA will not receive any personally identifiable information (e.g., Supplier Personnel name, social security number, etc.) (d) d. For Supplier Personnel in the United States, a Federal background check must be conducted as well as a county or state background check, whichever is more comprehensive. In other countries, background checks may be at the county, state, province and/or country level, whichever is most comprehensive. (e) e. Upon INTESA request and subject to applicable law, Supplier will provide documentation to IBM INTESA to verify its compliance with this section. f. Notwithstanding the foregoing, Supplier is not required to conduct an additional background check on Supplier Personnel if (a) Supplier conducted a background check that meets or exceeds INTESA’s requirements in the Criminal and other Background Checks subsection above in the last five (5) years and (b) the Supplier Personnel have not had a gap in employment with Supplier during that five-year period.

Criminal and other Background Checks. If Supplier is providing a Cloud Service or otherwise has access to Intesa or Customer network or Intesa Materials or, in the event that Supplier is performing Services or has other responsibilities at Intesa or Customer facility, Supplier agrees that: (a) Supplier shall inform INTESA Intesa if any Supplier Personnel to be assigned to perform Services hereunder are former employees of INTESAIntesa, which assignment is subject to INTESAIntesa’s approval. (b) To the extent permitted by local law, Supplier will obtain from provide certification/attestation that Supplier Personnel has valid 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 and/or Subcontractor who is required to perform the Services or Deliverables under this Agreement. The criminal background check will be performed 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, INTESA must first be informed of such decision. INTESA will thereafter review the criminal conviction and Services which will be performed and/or access that the Supplier Personnel will have. Unless otherwise required for this review, INTESA will not receive any personally identifiable information (e.g., Supplier Personnel name, social security number, etc.) (d) For Supplier Personnel in the United States, a Federal background check must be conducted as well as a county or state background check, whichever is more comprehensive. In other countries, background checks may be at the county, state, province and/or country level, whichever is most comprehensive. (e) Upon INTESA Intesa request and subject to applicable law, Supplier will provide documentation to IBM Intesa to verify its compliance with this section.

Criminal and other Background Checks. (This Section 4 is applicable only to IBM personnel who will be on-site at Client premises or Client’s customers premises and only to IBM Personnel who were hired by IBM after the effective date of the Separation Agreement. a) Supplier IBM shall inform INTESA Client if any Supplier IBM Personnel to be assigned to perform Services hereunder are former employees of INTESAClient, which assignment is subject to INTESAClient’s approval. (b) To the extent permitted by local law, Supplier IBM will obtain from Supplier IBM 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 IBM will conduct or otherwise obtain criminal background checks on Supplier IBM Personnel as defined in section (d) below, in locations where the Supplier IBM Personnel resided for the past seven years. Where no criminal convictions within the past seven years are identified, Supplier IBM Personnel may be assigned to perform Services. Where a criminal conviction is identified, Supplier IBM may not assign Supplier IBM Personnel where Supplier IBM Personnel is disqualified from performing Services based on SupplierIBM’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. . d) If, after such assessment, Supplier IBM still recommends assigning a Supplier IBM Personnel with a criminal conviction to perform Services, INTESA Client must first be informed of such decision. INTESA Client will thereafter review the criminal conviction and Services which will be performed and/or access that the Supplier IBM Personnel will have. Unless otherwise required for this review, INTESA Client will not receive any personally identifiable information (e.g., Supplier IBM Personnel name, social security number, etc.) (d) For Supplier Personnel in the United States, a Federal background check must be conducted as well as a county or state background check, whichever is more comprehensive. In other countries, background checks may be at the county, state, province and/or country level, whichever is most comprehensive. (e) Upon INTESA request and subject to applicable law, Supplier will provide documentation to IBM to verify its compliance with this section.

Criminal and other Background Checks. If Supplier is providing a Cloud Service or otherwise has access to Intesa or Customer network or Intesa Materials or, in the event that Supplier is performing Services or has other responsibilities at Intesa or Customer facility, Supplier agrees that: (a) Supplier shall inform INTESA Intesa if any Supplier Personnel to be assigned to perform Services hereunder are former employees of INTESAIntesa, which assignment is subject to INTESAIntesa’s approval. (b) To the extent permitted by local law, Supplier will obtain from provide certification/attestation that Supplier Personnel has valid 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 and/or Subcontractor who is required to perform the Services or Deliverables under this SRA. The criminal background check will be performed 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, INTESA must first be informed of such decision. INTESA will thereafter review the criminal conviction and Services which will be performed and/or access that the Supplier Personnel will have. Unless otherwise required for this review, INTESA will not receive any personally identifiable information (e.g., Supplier Personnel name, social security number, etc.) (d) For Supplier Personnel in the United States, a Federal background check must be conducted as well as a county or state background check, whichever is more comprehensive. In other countries, background checks may be at the county, state, province and/or country level, whichever is most comprehensive. (e) Upon INTESA Intesa request and subject to applicable law, Supplier will provide documentation to IBM Intesa to verify its compliance with this section.