Common use of DRUG AND ALCOHOL Clause in Contracts

DRUG AND ALCOHOL. (a) In the event Distributor takes delivery of Products from Global at Global’s (or its Affiliates’) facilities or any third-party facilities which Global grants Distributor access to, the following provisions of this Section shall apply. Distributor and Distributor’s employees, agents and contractors shall not enter any such facilities while under the influence of alcohol or any controlled substance. Distributor, its employees, agents and contractors shall not use, possess, distribute or sell illicit or unprescribed drugs in connection with any activity performed under this Agreement. Distributor, its employees, agents and contractors shall not use, possess, distribute or sell alcoholic beverages at any time while performing activities under this Agreement. Distributor has adopted or will adopt its own policy to assure a drug and alcohol free workplace while performing activities under this Agreement. (b) Distributor will remove any of its employees, agents or contractors from performing activities hereunder any time there is suspicion of alcohol or drug use, possession or impairment involving such employee, agent or contractor, and at any time an incident occurs in performing activities hereunder where drug or alcohol use could have been a contributing factor. Global has the right to require Distributor to remove Distributor’s employees, agents or contractors from Global’ or its Affiliates Facilities or any third party facilities which Global grants Distributor acces to at any time cause exists to suspect alcohol or drug use by such employees, agents or contractors. In such cases, Distributor’s employee, agent or contractor may be considered for return to such facilities only if the Distributor certifies as a result of a for cause test, conducted immediately after removal, that said employee, agent or contractor was in compliance with the provisions of this Section. Distributor will not use an employee, agent or contractor to perform activities hereunder who either refuses to take, or tests positive in, any alcohol or drug test. (c) Global may, without prior notice, search the person, possession and vehicles of Distributor’s employees, agents and contractors that are on the premises owned, or controlled or accessed by Global (or its Affiliates). Any person who refuses to cooperate with such search will be removed from the premises and will not be allowed to return. Distributor will replace any of its employees, agents or contractors at Global’s request. (d) Distributor will comply with all applicable drug and alcohol related federal, state, county and local laws, statutes, ordinances, codes, regulations, rules, orders, and permits (e.g., Department of Transportation Regulations, Department of Defense Drug-free Workplace Policy, Drug-free Workplace Act of 1988). Global shall have the right, but not the obligation, to perform unannounced audits of Distributor’s alcohol and drug program to verify that Distributor’s policy and its enforcement are acceptable to Global.

DRUG AND ALCOHOL. (a) In the event Distributor BFA Holder takes delivery of Products from Global ExxonMobil at GlobalExxonMobil’s (or its Affiliates’) facilities or any third-party facilities which Global grants Distributor access tofacilities, the following provisions of this Section shall apply. Distributor BFA Holder and DistributorBFA Holder’s employees, agents and contractors shall not enter any such ExxonMobil’s (or its Affiliates’) facilities while under the influence of alcohol or any controlled substance. DistributorBFA Holder, its employees, agents and contractors shall not use, possess, distribute or sell illicit or unprescribed drugs in connection with any activity performed under this Agreement. DistributorBFA Holder, its employees, agents and contractors shall not use, possess, distribute or sell alcoholic beverages at any time while performing activities under this Agreement. Distributor BFA Holder has adopted or will adopt its own policy to assure a drug and alcohol free workplace while performing activities under this Agreement. (b) Distributor BFA Holder will remove any of its employees, agents or contractors from performing activities hereunder any time there is suspicion of alcohol or drug use, possession or impairment involving such employee, agent or contractor, and at any time an incident occurs in performing activities hereunder where drug or alcohol use could have been a contributing factor. Global ExxonMobil has the right to require Distributor BFA Holder to remove DistributorBFA Holder’s employees, agents or contractors from Global’ ExxonMobil’s (or its Affiliates Facilities or any third party Affiliates’) facilities which Global grants Distributor acces to at any time cause exists to suspect alcohol or drug use by such employees, agents or contractors. In such cases, DistributorBFA Holder’s employee, agent or contractor may be considered for return to such ExxonMobil’s (or its Affiliates’) facilities only if the Distributor BFA Holder certifies as a result of a for cause test, conducted immediately after removal, that said employee, agent or contractor was in compliance with the provisions of this Section. Distributor BFA Holder will not use an employee, agent or contractor to perform activities hereunder who either refuses to take, or tests positive in, any alcohol or drug test. (c) Global ExxonMobil may, without prior notice, search the person, possession and vehicles of DistributorBFA Holder’s employees, agents and contractors that are on the premises owned, owned or controlled or accessed by Global ExxonMobil (or its Affiliates). Any person who refuses to cooperate with such search will be removed from the premises and will not be allowed to return. Distributor BFA Holder will replace any of its employees, agents or contractors at GlobalExxonMobil’s request. (d) Distributor BFA Holder will comply with all applicable drug and alcohol related federal, state, county and local laws, statutes, ordinances, codes, regulations, rules, orders, and permits (e.g., Department of Transportation Regulations, Department of Defense Drug-free Workplace Policy, Drug-free Workplace Act of 1988). Global ExxonMobil shall have the right, but not the obligation, to perform unannounced audits of DistributorBFA Holder’s alcohol and drug program to verify that DistributorBFA Holder’s policy and its enforcement are acceptable to GlobalExxonMobil.

DRUG AND ALCOHOL. ​ (a) In the event Distributor BFA Holder takes delivery of Products from Global ExxonMobil at GlobalExxonMobil’s (or its Affiliates’) facilities or any third-party facilities which Global grants Distributor access tofacilities, the following provisions of this Section shall apply. Distributor BFA Holder and DistributorBFA Holder’s employees, agents and contractors shall not enter any such ExxonMobil’s (or its Affiliates’) facilities while under the influence of alcohol or any controlled substance. DistributorBFA Holder, its employees, agents and contractors shall not use, possess, distribute or sell illicit or unprescribed drugs in connection with any activity performed under this Agreement. DistributorBFA Holder, its employees, agents and contractors shall not use, possess, distribute or sell alcoholic beverages at any time while performing activities under this Agreement. Distributor BFA Holder has adopted or will adopt its own policy to assure a drug and alcohol free workplace while performing activities under this Agreement.. ​ (b) Distributor BFA Holder will remove any of its employees, agents or contractors from performing activities hereunder any time there is suspicion of alcohol or drug use, possession or impairment involving such employee, agent or contractor, and at any time an incident occurs in performing activities hereunder where drug or alcohol use could have been a contributing factor. Global ExxonMobil has the right to require Distributor BFA Holder to remove DistributorBFA Holder’s employees, agents or contractors from Global’ ExxonMobil’s (or its Affiliates Facilities or any third party Affiliates’) facilities which Global grants Distributor acces to at any time cause exists to suspect alcohol or drug use by such employees, agents or contractors. In such cases, DistributorBFA Holder’s employee, agent or contractor may be considered for return to such ExxonMobil’s (or its Affiliates’) facilities only if the Distributor BFA Holder certifies as a result of a for cause test, conducted immediately after removal, that said employee, agent or contractor was in compliance with the provisions of this Section. Distributor BFA Holder will not use an employee, agent or contractor to perform activities hereunder who either refuses to take, or tests positive in, any alcohol or drug test.. ​ (c) Global ExxonMobil may, without prior notice, search the person, possession and vehicles of DistributorBFA Holder’s employees, agents and contractors that are on the premises owned, owned or controlled or accessed by Global ExxonMobil (or its Affiliates). Any person who refuses to cooperate with such search will be removed from the premises and will not be allowed to return. Distributor BFA Holder will replace any of its employees, agents or contractors at GlobalExxonMobil’s request. (d) Distributor BFA Holder will comply with all applicable drug and alcohol related federal, state, county and local laws, statutes, ordinances, codes, regulations, rules, orders, and permits (e.g., Department of Transportation Regulations, Department of Defense Drug-free Workplace Policy, Drug-free Workplace Act of 1988). Global ExxonMobil shall have the right, but not the obligation, to perform unannounced audits of DistributorBFA Holder’s alcohol and drug program to verify that DistributorBFA Holder’s policy and its enforcement are acceptable to Global.ExxonMobil. ​