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TranSystems Corporation - LGM Construction

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F-2<br />

the costs associated with submissions of requests for CHRCs to the Federal<br />

Bureau of Investigation through the appropriate clearinghouse. To the extent that<br />

Contractor must cause a criminal background check other than a CHRC to be<br />

conducted by virtue of the foregoing, Contractor shall either perform the<br />

background check itself, if the applicable Legal Requirements of the TSA or the<br />

airport authority having jurisdiction over the Site permit it to do so, or cause the<br />

background check to be performed by a service provider reasonably acceptable to<br />

FedEx. Contractor shall keep all CHRC documentation and other criminal<br />

background checks that it conducts by virtue of the foregoing on file until Final<br />

Acceptance and provide FedEx with copies from time to time at FedEx’s request.<br />

At Contractor’s expense, conduct a Social Security number and date of birth<br />

verification with respect to all persons that will perform any of the Work.<br />

Contractor must verify that the Social Security number and date of birth submitted<br />

to Contractor on the employment application of each person that will perform any<br />

of the Work at the Site is the actual Social Security number and date of birth for<br />

that person. Contractor must retain an independent third party service provider to<br />

perform the foregoing verification. Contractor shall keep the Social Security<br />

number and date of birth verification for each person engaged to perform any of<br />

the Work at the Site on file until Final Acceptance and provide FedEx with copies<br />

from time to time at FedEx’s request.<br />

Cause persons that will perform any of the Work at the Site to submit to a Drug<br />

Screen Test that meets the Protocol Standards of the TSA or the airport authority,<br />

as applicable, or that FedEx establishes and that Contractor causes to be<br />

administered at Contractor’s expense. The Drug Screen Tests that Contractor<br />

causes to be administered by virtue of the foregoing must test for evidence of the<br />

use of marijuana, cocaine, opiates, phencyclidines (“pcp”) and amphetamines.<br />

The testing laboratory that analyzes the blood or urine samples taken in<br />

connection with a required Drug Screen Test must be a laboratory approved by the<br />

National Institute of Drug Abuse. Contractor may not permit any person to enter<br />

the Site for the purpose of performing any of the Work if the results of a Drug<br />

Screen Test administered to that person exceed the minimum allowable levels that<br />

the Department of Transportation (“DOT”) establishes from time to time.<br />

Contractor shall ensure that a condition of the continued employment of each<br />

person engaged to perform any of the Work at the Site is that that person must<br />

submit to Drug Screen Tests during the performance of the Work if FedEx,<br />

Contractor, the TSA, or the airport authority having jurisdiction over the Site<br />

believes that there is probable cause that the person is using DOT-proscribed<br />

drugs. Contractor may not permit any person to enter the Site for the purpose of<br />

performing any of the Work if that person refuses to submit to a Drug Screen Test<br />

under circumstances where FedEx, Contractor, the TSA or the airport authority<br />

believes that there is probable cause that the person is using DOT-proscribed<br />

drugs or if the results of that person’s Drug Screen Test exceed the minimum

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