Common use of Service Delivery Organization Members Clause in Contracts

Service Delivery Organization Members. (1) Before assigning any individual to the Service Delivery Organization to perform Designated Services, BNY Mellon shall, at a minimum, conduct (or will have previously conducted when such individual was hired by BNY Mellon) or cause the applicable BNY Mellon Affiliate or BNY Mellon Agent to conduct, in compliance with all applicable Laws, an educational and prior work experience background check on each such individual in accordance with BNY Mellon Policies applicable to similarly situated employees in the applicable jurisdiction. BNY Mellon shall not assign any individual to the Service Delivery Organization to perform Designated Services (a) whose background check is not consistent with the information provided by such individual or such individual’s previous employer, (b) who has been convicted of, has an outstanding arrest warrant for, or pled guilty or nolo contendere to, a crime involving breach of trust or dishonesty, or (c) who refuses to provide consent with respect to performance of the background checks described in this Section. BNY Mellon (or the applicable BNY Mellon Affiliate or BNY Mellon Agent) shall maintain a copy of such background checks during the Term. In addition, BNY Mellon shall ensure (or shall have previously ensured when an individual was hired by BNY Mellon) that all members of the Service Delivery Organization that perform Designated Services in the United States are legally authorized to work in the United States.

Appears in 15 contracts

Samples: Services Agreement (Voya Enhanced Securitized Income Fund), Services Agreement (Voya MUTUAL FUNDS), Services Agreement (Voya Separate Portfolios Trust)

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