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Test Administration Agreement, page 3 <br />City of Santa Ana MOU <br />e. Administer paper and/or computer-based testing, as appropriate, and notify the State <br />regarding the testing format; <br />f. Provide special testing accommodations as instructed by ETS; <br />g. Follow the ETS guidelines for uniform test administrations; <br />h. Maintain the State's test admission policies by reviewing and validating Test Takers' <br />documentation in accordance with the State's required admission guidelines; <br />i. Using the pre-printed, prepaid mailing labels provided by ETS, return completed answer <br />sheets to ETS within 24 hours of a Test Taker completing a Test; <br />j. Immediately report to ETS any incidents which may result in a compromise of Test <br />Materials; <br />It, Ship all Returnable Test Materials to ETS; <br />1. Ensure appropriate test center staff attend training provided by ETS and complete the HiSET <br />e -learning administrator training as required by State policy; <br />in. Test booklets can be used unlimited times, as long as they do not contain any answers and/or <br />stray marks. It is the obligation of the Test Center to review test booklets before and after <br />administration of the Test to determine their usability; and <br />n. Permit intermittent Test Center audits by third party auditors. <br />o. Pay HiSET invoice by payment due date. <br />4. ETS Obligations. <br />4.1 Under the terms of this Agreement, ETS will: <br />a. Schedule and provide training for Test Administrators; <br />b. Provide access to the ETS HiSET web -based portal with information needed by Test <br />Centers; <br />c. Ship secure paper-based Test Materials to the Test Center; <br />d. Provide computer-based testing as appropriate; <br />e. Provide pre-printed, pre -paid return mailing labels for the secure return of used paper answer <br />sheets and other Returnable Test Materials; and <br />f. Arrange for third party Test Center audits. <br />S. Limitation of Liability. <br />ETS WILL NOT BE LIABLE TO THE TEST CENTER OR TO ANY TEST TAKER FOR ANY <br />DAMAGES ARISING OUT OF THE TEST CENTER'S ACCESS TO OR INABILITY TO ACCESS <br />OR USE THE TEST MATERIALS LICENSED HEREIN, INCLUDING DIRECT, INDIRECT, <br />SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, AND WITHOUT <br />LIMITATION DAMAGES FOR LOST PROFITS, LOSS OF PRIVACY, SECURITY OF DATA, <br />FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR LACK <br />OF PROFESSIONAL EFFORT), OR FOR ANY OTHER INDIRECT DAMAGES WHATSOEVER, <br />THAT ARISE OUT OF OR ARE RELATED TO THE ETS PROPRIETARY MATERIALS, THE ETS- <br />OWNED TECHNOLOGIES, OR THE TEST ADMINISTRATIONS, EVEN IF ETS (OR AN <br />AFFILIATE, SERVICE PROVIDER, OR AGENT) HAS BEEN ADVISED OF THE POSSIBILITY OF <br />SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), <br />OR STRICT OR PRODUCT LIABILITY OR MISREPRESENTATION. ETS IS NOT RESPONSIBLE <br />FOR PHYSICAL INJURY OR PROPERTY DAMAGE SUFFERED BY OR CAUSED BY A TEST <br />TAKER SITTING FOR THE TEST. ETS DOES NOT WARRANT THAT THE TEST OR ANY TEST <br />MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE AT THE TEST CENTER. <br />6. Compensation and Payment. <br />6.1 As full and complete compensation for the services provided under this MOU, the Test Center <br />will compensate ETS based on the number of tests scored at ETS on a monthly basis. During <br />the term of this Agreement, the compensation paid to ETS by Test Center will not exceed <br />Twenty Thousand Dollars ($20,000.00). ETS will invoice the Test Center in accordance with <br />Exhibit 1 attached. Payment terms are net 30 days. ETS is not responsible for the payment of <br />