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i ~ ~' , • <br />• <br />All testing materials provided by WA and in the possession of the Agency <br />shall be handled and stored in a manner that will prevent unauthorized persons <br />from having access to them. <br />No official, employee, consultant, or other agent of the Agency shall loan, <br />give, sell, or otherwise make available to any other agency or person any of the <br />test materials provided by WA, nor shall they knowingly permit others to do so. <br />I f any test materials provided by WA should become the subject of legal <br />proceedings conducted by a court of law, the Agency shall inform the court of <br />the existence and terms of this agreement, and shall request that all confidential <br />test materials be the subject of a protective order that safeguards their confidentiality. <br />In the event that test materials provided by WA become the subject of litigation, <br />the Agency shall immediately notify WA. <br />VIII. LIMITATIONS AND EXCLUSIONS <br />Nothing contained in this agreement nor in materials provided by WA shall <br />be interpreted as representing or warranting, directly or indirectly, that the <br />use of examinations offered or provided by WA will be sustained by any court <br />or governmental agency, and the Agency agrees that WA shall in no way be <br />responsible for such litigation or administrative review or liable for the consequences <br />thereof. <br />The Agency shall maintain an awareness of its responsibilities as an employer. <br />under federal statutes, compliance agency guidelines, and professional standards <br />and shall in no way conclude that this agreement reduces or otherwise alters those <br />responsibilities. <br />The Agency shall comply with generally accepted practices for the handling, <br />use, and administration of employment testing procedures, including those specified <br />by the American Psychological Association. <br />IX. CANCELLATION OF REQUESTS FOR SERVICES <br />In the event that the Agency finds it necessary to cancel a previous request <br />for services, the Agency shall pay the minimum handling charges specified in the <br />current rate schedule for the examination materials that have been requested. <br />-} <br />