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4) AGENCY REVIEW / COURT PROCEEDINGS <br />The Consultant shall make available the necessary personnel for reporting or testimony in any <br />administrative hearing or court proceeding wherein the Agency is required to justify the use of the <br />selection procedures recommended by the consultant and utilized by the agency. Services <br />relating to agency or court proceedings will be performed at reasonable rates to be established by <br />separate agreement. <br />5) OTHER SCREENING PROCEDURES <br />------------------------------- <br />------------------------------- <br />The Consultant specifically disclaims any connection with any components of the screening <br />process other than those actually administered by the Consultant. <br />6) LIMITATIONS AND EXCLUSIONS <br />Nothing contained in this agreement, nor in other materials provided by the Consultant, shall be <br />interpreted as warranting, either directly or indirectly, that the use of any examination provided by <br />the Consultant will be sustained by any court or governmental agency. The Consultant makes no <br />representations or warranties relating to the outcome of litigation or agency review and assumes <br />no responsibility therefore other than the rendering of services as detailed in this agreement. The <br />Consultant warrants that the examinations have been developed in accordance with generally <br />accepted procedures and professional standards, are intended to satisfy the requirements of all <br />applicable federal, state and local regulations and, to the best of its knowledge, do not violate any <br />federal, state or local law or regulation. The Consultant shall be liable only for the written portion of <br />the examination process, and its compliance with applicable federal, state and local regulations. <br />7) REVIEW PERIOD <br />No examination review periods are available for entry level positions. Review sessions for <br />promotional positions will be conducted as mutually agreed by the Agency and the Consultant. <br />2 <br />