Administrative Role As To Adverse Action. If Client elects to have Xxxxx-Xxxxxxx and Associates, LLC send out pre- and/or post- adverse action letters for it, Client understands that it must notify Xxxxx-Xxxxxxx and Associates, LLC each time it wishes for a letter to go out. Xxxxx-Xxxxxxx and Associates, LLC will not send out any adverse action letters unless expressly instructed to do so. Client accepts full responsibility for the content of any adverse action letters sent by Xxxxx-Xxxxxxx and Associates, LLC, and understands that it must notify Xxxxx-Xxxxxxx and Associates, LLC if it wishes to use a particular template or if it wishes to modify the template made available through Xxxxx-Xxxxxxx and Associates, LLC. Client agrees that Xxxxx-Xxxxxxx and Associates, LLC plays no role in deciding whether an individual should incur adverse action based upon a background screening report. Client accepts full responsibility for any and all substantive decision-making based upon the background screening reports it receives from Xxxxx-Xxxxxxx and Associates, LLC. Both parties agree that Xxxxx-Xxxxxxx and Associates, LLC’s role as to the adverse action process is strictly administrative. Client shall indemnify, defend, and hold harmless Xxxxx-Xxxxxxx and Associates, LLC, its affiliates, and subsidiaries and their respective officers, directors, employees, agents, and insurers from and against any and all damages, penalties, losses, liabilities, judgments, settlements, awards, costs, and expenses (including reasonable attorneys’ fees and expenses) arising out of or in connection with any claims, assertions, demands, causes of action, suits, proceedings or other actions, whether at law or in equity (“Claims”) related to the functions carried out by Xxxxx-Xxxxxxx and Associates, LLC that are described in this section.
Administrative Role As To Adverse Action. If Client elects to have OPENonline send out pre- and/or post adverse action letters for it, Client understands that it must notify OPENonline each time it wishes for a letter to go out. OPENonline will not send out any adverse action letters unless expressly instructed to do so. Client accepts full responsibility for the content of any adverse action letters sent by OPENonline, and understands that it must notify OPENonline if it wishes to use a particular template or if it wishes to modify the template made available through OPENonline. Client agrees that OPENonline plays no role in deciding whether an individual should incur adverse action based upon a background screening report. Client accepts full responsibility for any and all substantive decision-making based upon the background screening reports it receives from OPENonline. Both parties agree that OPENonline’ s role as to the adverse action process is strictly administrative. Client shall indemnify, defend, and hold harmless OPENonline, its affiliates, and subsidiaries and their respective officers, directors, employees, agents, and insurers from and against any and all damages, penalties, losses, liabilities, judgments, settlements, awards, costs, and expenses (including reasonable attorneys' fees and expenses) arising out of or in connection with any claims, assertions, demands, causes of action, suits, proceedings or other actions, whether at law or in equity ("Claims") related to the functions carried out by OPENonline that are described in this section.
