EDUCATIONAL TESTING SERVICE-2016

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Test Administration Agreement, page 4 City of Santa Ana MOU any State or local taxes that may be incurred through the collection of Test Center or State fees. If such taxes are levied against ETS, the Test Center or the Test Center is responsible for payment. 6.2 The Test Center may collect or charge separate operational fees for the use of their facilities, These fees are not payable to or by ETS, and shall be incurred by the Test Center or the individual Test Takers. Advertising and establishing fees or expenses associated with the use of the Test Center's testing facilities are the responsibility of the Test Center and/or the Test Center, Test Center personnel who administer the Test are not employees of ETS. 7. Test Taker Registration: Order: Delivery; Return of Materials 7.1 Test Centers or other State -approved programs shall register and schedule testing using the ETS MSET portal. The Test Taker will select the State -approved Test Center at which he/she wishes to take the Test. 7.2 ETS shall provide the Test Center access to the HiSET registration and scheduling website so authorized personnel can see relevant information such as Test Takers' schedules at their selected Test Center(s), form assignments, approved accommodations, and transcripts. 7.3 Test Takers shall be admitted to the Test Center and shall be approved by Test Center staff for testing provided the candidate meets all of the State's eligibility requirements, including the candidate's provision of appropriate documentation and certification. 7.4 The Test Center may order Test Materials effective each November 1 (of the year prior to the year in which the Test will be used). 7.5 The Test Center shall return all Returnable Test Materials to ETS. Used paper answer sheets must be returned to ETS using the pre-printed, pre -paid return label provided by ETS within 24 hours of a candidate completing testing. 7.6 The Test Center shall comply with all ETS and Stato-mandated security and test administration instructions (or test instructions for a secure test administration). 8. Term and Termination. 8.1 Term. This Agreement shall be effective from November 28, 2016 and continue through and coincide with the term of ETS's HISET agreement with the State, including through the State's options for renewal terms or until the money allocated to this Agreement by Test Center as outlined in Section 6.1 of this Agreement is exhausted (the "Term"). Should ETS and the State end their agreement at any time, this MOU shall automatically end. 8.2 Termination for Cause. This Agreement may be terminated by ETS: (i) in the event of a breach of any material provision of this Agreement by the Test Center that is not cured within thirty (30) days after written notice by ETS; (ii) immediately upon written notice to the Test Center if the Test Center fails to perform any of its obligations hereunder. 83 SecuritvViolations• Intellectual Property Misappropriation. Ibis Agreement may be immediately suspended or terminated by ETS upon written notice to the Test Center, if (i) ETS has reason to believe that the Test Center has breached its security obligations with respect to the Test and the administration of the Test under this Agreement; (ii) ETS has reason to believe that the Test Center has misappropriated any Intellectual Property Rights of ETS; or (iii) any provision of this Agreement is deemed by a court of competent jurisdiction to be. invalid or unenforceable. 8.4 Effect of Termination. Upon termination of this Agreement, the Test Center shall immediately: (i) cease to display or use any ETS Proprietary Materials, or any signs, labels, logos, trademarks, copyrighted materials, or other indications identifying the Test Center in connection with ETS or the Test; (ii) cease all use of the Test Materials; and (iii) return to ETS all Test Materials and all other materials related to the administration of the Test, including without limitation, advertising, promotional and instructional materials, and all ETS Confidential Information. Termination of this Agreement shall not constitute a waiver of any rights that either Party may have for any breach by the other Party prior to the termination date. All obligations to perform under this