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and that such disclosure has been or will be delivered to the candidate not <br /> later than three days after the date on which the report was first requested. <br /> The Client further certifies that the disclosure will include a statement <br /> informing the consumer of his right to request the additional disclosures <br /> provided under Section 606(b) of the Fair Credit Reporting Act. However, <br /> the Contractor shall act as Client's agent for the purposes of making this <br /> disclosure. The disclosure will be made during the candidate's application <br /> process with the Contractor. <br /> 5. Independent Contractor: <br /> The Contractor is an independent contractor. Any and all agents, employees, or <br /> contractors of the Contractor shall have such relation only with the Contractor. <br /> Nothing herein shall be interpreted to create an employment, agency, or <br /> contractual relationship between the Client and any employee, agent, or sub- <br /> contractor of the Contractor. <br /> 6. Indemnity and Hold Harmless: <br /> The parties agree and hold harmless each other, their officers, agents, and <br /> employees in accordance with the following provisions: <br /> 6.1 The Contractor shall indemnify the Client from: <br /> 6.1 .1 Violation of any copyright agreement or statute relating to the use <br /> and administration of the tests or other written materials herein <br /> provided for; <br /> 6.1 .2 Any cost, claim, or liability arising from or out of the claims of an <br /> employee, agent, or sub-contractor to the end that the Contractor <br /> shall be an independent Contractor and the Client shall be relieved <br /> of any and all claims arising from or relating to such employment <br /> relationships or contracts between the Contractor and third parties; <br /> 6.1.3 The alleged negligent or tortious act of the Contractor in the provision <br /> of services under this Agreement. <br /> 6.1.4 Any claim or charge incurred relating to a charge paid by the Client <br /> pursuant to Section 2.3 of this Agreement. <br /> 6.2 The Client shall indemnify and hold harmless the Contractor, its officers, <br /> agents, and employees from any and all cost, claim, or liability arising from <br /> or out of the alleged negligent or tortious act of the Client or its officers, <br /> agents, or employees in the provision of services hereunder. <br /> 6.3 The promises of the Client and Contractor shall include the reasonable cost <br /> of legal defense by counsel chosen by the mutual agreement of the parties <br /> hereto but shall exclude any cost, claim, or liability arising from breach of <br /> Specialized Services Agreement Page 6 of 8 PST Investigations <br /> City of Everett, WA 2022 Public Safety Testing, Inc. <br />