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4.0 CLIENT'S ACKNOWLEDGEMENTS AND OBLIGATIONS <br />(a) Client hereby acknowledges that utilizing A -Check as Client's EPN Agent does not absolve Client of <br />any responsibility for compliance with the provisions of the CVC. Client further acknowledges that <br />DMV records contain restricted information and that failure to maintain confidentiality is both civilly <br />and criminally punishable pursuant to CVC Sections 1608.45 and 1808.46. Client shall indemnify, <br />defend, and hold harmless A -Check, its parent, subsidiary and related entities, and agents and <br />employees from and against all liabilities, losses, claims, suits, judgments, expenses, fines, interest <br />or penalties, including, without limitation, reasonable attorneys' fees and costs, arising from or related <br />to Client's failure to comply with the terms of this Agreement, the CVC or any other federal, state, or <br />local law, and Client's negligent acts or omissions or willful misconduct. <br />(b) Client understands that record information will be exclusively forwarded to A -Check, and that Client <br />cannot request that record information be sent to Client until A -Check's EPN Agent authorization has <br />been rescinded. <br />(c) Client agrees to notify DMV, in writing, at least two (2) weeks prior to terminating A -Check's services <br />as Client's EPN Agent. Upon receipt of notification, all record information will revert back to Client's <br />address of record. <br />(d) Client agrees to retain a completed copy of Attachment A, the DMV Employer Pull Notice Program <br />Agent Authorization (INF 2110), at Client's place of business, and make same available upon request <br />to DMV Audit staff and the California Highway Patrol. <br />(e) Client acknowledges that A -Check's responsibility is limited to accurately and timely transmitting <br />DMV record information from DMV to Client, Client shall indemnify, defend, and hold harmless A - <br />Check, Its parent subsidiary and related entities, and agents and employees from and against all <br />liabilities, losses, claims, suits, judgments, expenses, fines, interest or penalties, including, without <br />limitation, reasonable attorneys' fees and costs, arising from or relating to DMV record information <br />that is accurately and timely transmitted to Client, including Client's use of any DMV record <br />information for an improper purpose. <br />(f) Client acknowledges the necessity of protecting the privacy of employees, and agrees to the <br />following security measures: <br />1) Client agrees to protect its Consumer Reporting Agency(CRA) log -in ID and password(s) so that <br />only key personnel know this sensitive information. Client acknowledges that unauthorized <br />persons should never have knowledge of Client's log -in ID and password(s), and Client agrees <br />not to post this information in any manner within Client's facility. <br />P a A 0 12 con-AW12;10.2017 <br />