Common use of Other Testing Clause in Contracts

Other Testing. Impax shall use commercially reasonable efforts to conduct, or cause to be conducted, additional background checks, consistent with Laws and Impax’s internal employment policies, on Sales Force members in an effort to ensure that such members have not been: (a) the subject of pending or threatened investigations or enforcement actions by any Regulatory Authority; or (b) engaged in any fraudulent or unlawful activity, or other inappropriate conduct as measured by the other requirements of this Agreement. Notwithstanding anything in this Section 5.4 to the contrary, Impax shall conduct drug testing on the Sales Force members where there is a reasonable suspicion of the presence of substances of abuse or drug paraphernalia. Impax shall institute prompt corrective or disciplinary action against any Sales Force member who fails to meet the requirements set forth in this Section 5.4. Impax further agrees to cooperate and comply with all investigations by or on behalf of Shire with respect to wrongdoing, or alleged or suspected wrongdoing, in respect of any obligations of Impax or its Sales Force under this Agreement. With respect to any persons employed by a CSO, Impax shall cause such CSO to comply with the provisions of this Section 5.4 with respect to its employees who are Sales Force members.