Common use of SECURITY CLEARANCE REQUIREMENTS Clause in Contracts

SECURITY CLEARANCE REQUIREMENTS. The Contractor shall not involve in the performance of the Agreement a person convicted of an intentional criminal offense (employees, sub-contractors and/or any other person and personnel), regardless of the criminal record having been set aside or extinguished, and/or a person of whom there are known facts that give grounds to doubt his or her ability to retain restricted access and/or classified information, as well as a person who has or may have a conflict of interest by involving him in the performance of the obligations under this Agreement. In this respect: At the Company’s request, the Contractor shall submit to the Company a statement (certificate) from the relevant state penalty register regarding the criminal record of the natural person who will be involved in the performance of the Agreement. In order to assess the compliance of the natural person whom the Contractor intends to involve in the performance of the Agreement with the requirements specified in this Clause 6.4, the Company has the right to organize an additional security compliance check. The Contractor undertakes to inform the natural person involved in the performance of the Agreement about the processing of personal data performed by the Company when organizing a security compliance check. The Contractor shall submit to the Company in writing at least 10 (ten) business days prior to the involvement of any natural person in the performance of the Agreement the following information of the person: name, surname, personal identification code (or equivalent personal identification information), place of birth, position, company name (in case involved staff of sub-contractors), the country from which the person comes. At the Company’s request, the Contractor shall also submit a brief description of the role and responsibilities of the natural person in the performance of the Agreement. The Company has the right, at its own discretion, to prohibit a natural person specified by the Contractor from performing tasks related to the performance of the Agreement by notifying the Contractor thereof in writing if the requirements referred to in this section of the Agreement are not complied with. The Parties agree that such decision of the Company is incontestable.

SECURITY CLEARANCE REQUIREMENTS. The Contractor AsBo shall not involve in the performance of the Agreement a person convicted of an intentional criminal offense (employees, sub-contractors and/or any other person and personnel), regardless of the criminal record having been set aside or extinguished, and/or a person of whom there are known facts that give grounds to doubt his or her ability to retain restricted access and/or classified information, as well as a person who has or may have a conflict of interest by involving him in the performance of the obligations under this Agreement. In this respect: At the Company’s Principal's request, the Contractor AsBo shall submit to the Company Principal a statement (certificate) from the relevant state penalty register regarding the criminal record of the natural person who will be involved in the performance of the Agreement. In order to assess the compliance of the natural person whom the Contractor AsBo intends to involve in the performance of the Agreement with the requirements specified in Clause 8.9 of this Clause 6.4Agreement, the Company Principal has the right to organize an additional security compliance check. The Contractor AsBo undertakes to inform the natural person involved in the performance of the Agreement about the processing of personal data performed by the Company Principal when organizing a security compliance check. The Contractor AsBo shall submit to the Company Principal in writing at least 10 ten (ten10) business days Business Days prior to the involvement of any natural person in the performance of the Agreement the following information of the person: name, surname, personal identification code (or equivalent personal identification information), place of birth, position, company name (in case involved staff of sub-contractors), the country from which the person comes. At the CompanyPrincipal’s request, the Contractor AsBo shall also submit a brief description of the role and responsibilities of the natural person in the performance of the Agreement. The Company Principal has the right, at its own discretion, to prohibit a natural person specified by the Contractor AsBo from performing tasks related to the performance of the Agreement by notifying the Contractor AsBo thereof in writing if the requirements referred to in this section of the Agreement are not complied with. The Parties agree that such decision of the Company Principal is incontestable.

SECURITY CLEARANCE REQUIREMENTS. The Contractor ESP shall not involve in the performance of the Agreement Contract a person convicted of an intentional criminal offense (employeesemployees and/or staff, subincluding but not limited to key office-contractors and/or any holders, key personnel, designers, design supervisors, engineers, construction and design specialists and their supervisors and managers, Sub-Contractors and their personnel and staff, Experts and other person and personnelstaff (if any)), regardless of the criminal record having been set aside or extinguished, and/or a person of whom there are known facts that give grounds to doubt his or her ability to retain restricted access and/or classified information, as well as a person who has or may have a conflict of interest by involving him in the performance of the obligations under this Agreementthe Contract. In this respect: At the CompanyPrincipal’s request, the Contractor ESP shall submit to the Company Principal a statement (certificate) from the relevant state penalty register regarding the criminal record of the natural person who will be involved in the performance of the AgreementContract. In order to assess the compliance of the natural person whom the Contractor ESP intends to involve in the performance of the Agreement Contract with the requirements specified in this Clause 6.413.1 of the Contract, the Company Principal has the right to organize an additional security compliance check. The Contractor ESP undertakes to inform the natural person involved in the performance of the Agreement Contract about the processing of personal data performed by the Company Principal when organizing a security compliance check. The Contractor ESP shall submit to the Company in writing at least 10 (ten) business days prior to Principal the involvement of any natural person in the performance of the Agreement the following information of the person: name, surname, personal identification code (or equivalent personal identification information), place of birth, professional title (job position), company name (in case involved staff of subSub-contractorsContractor is involved), e-mail (with service provider domain) and the country from which the person comescomes of every person that will implement the Contract at least ten (10) Business Days prior involvement of this person in the implementation of the Contract. At the Company’s request, the Contractor ESP shall also submit provide a brief (concise) description of the role and responsibilities towards the implementation of the natural person in Contract of such person, if requested by the performance of the AgreementPrincipal. The Company Principal has the right, at its own discretion, to prohibit a natural person specified by the Contractor ESP from performing tasks related to the performance of the Agreement Contract by notifying the Contractor ESP thereof in writing if the requirements referred to in this section of the Agreement Contract are not complied with. The Parties agree that such decision of the Company Principal is incontestable. If the Principal prohibits a natural person specified by ESP from performing the tasks related to the performance of the Contract, ESP shall replace this natural person with another natural person by notifying the Principal in accordance with the procedure laid down in of Clause 13.5. of the Contract. If ESP cannot replace a natural person or if its replacement would cause disproportionately high expenses to ESP, ESP shall immediately provide the Principal with a motivated explanation and the Parties shall try to agree on possible conditions and procedures in which this natural person may perform tasks related to the performance of the Contract. ESP shall take all necessary actions and measures in a timely manner to ensure that a natural person is not involved in the performance of the Contract or the involvement is immediately terminated if the natural person does not comply with Clause 13.1. of the Contract, otherwise creates or may create risks for the Principal, including risks to the Principal's information systems, information or data, as well as risks to the Principal's reputation or operations. ESP is obliged to provide: that a natural person who does not comply with the security clearance requirements under the Contract is not involved in the performance of the Contract, is not present in the real estate, construction site or any other site; and to immediately replace a natural person who does not comply with the requirements of the security clearance under the Contract in accordance with the provisions of this Contract (and/or with the requirements of the Public Procurement Law of the Republic of Latvia); and to observe and not contest the Principal's written instructions and decisions in accordance with Section 13 of the Contract; and to provide the Principal with all the necessary information and support related to the necessity to change a natural person. In any case, ESP shall immediately notify the Principal in writing of any situation that has arisen before the start and during the performance of the Contract, as a result of which there is or may be a risk of involving a natural person who does not comply with the security clearance requirements of Section 13 of Contract, as well as notifies the Principal in writing of the replacement of such natural person involved in the performance of the Contract. If ESP violates the conditions referred to in Section 13 of the Contract and/or disregard Principal’s instructions regarding security clearance requirements under the Contract then it constitutes a material breach of the Contract and as grounds for the Principal to unilaterally terminate the Contract by notifying ESP in writing within this specific deadline - five (5) Business Days day in advance. ESP is obliged to observe and not contest the Principal's written instructions and decisions in accordance with Section 13 of the Contract.