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Wallack Testing Service TESTING AGREEMENT Purpose of Agreement The purpose ofll1ls Agreement Is to maintain lI1e security of all Wollack Testing Service (WTS) testing matorials and to provide a contractual basis for lI1elr or use. WTS' examinations must be used In accordance will1 lI1e policies and procedures set forth In 1I11s Agreemen~ es well as will1ln the current Test Catalogue which Is Incorporated by reference Into 1I11s Agreement II. Terms and Conditions The following terms and conditions pertain to the use of all WTS testing materials: Po. The Individual who signs 1I11s Agreement accepts, on behalf of lI1e Agency, lI1e responsibility of complying will1 the terms end conditions specified herein. which are binding upon all employees of such Agency. B.. No official or employee of lI1e Agency will loan, give. sell. show, or oll1erwlse make available any WTS testing material to any person who Is not en employee of lI1e Agency. C. Test materials obtained from WTS will be used only for the official purposes of lI1e Agency for for testing candidates for promotion. Under no circumstances will WTS materials be made available for purposes of study, copying, photographing, or oll1er form of reproduction, or for publication. All WTS testing materials In lI1e possession of lI1e Agency will be handied and stored In a manner tI1at will prevent unauthorized persons from having access to them. D. All WTS examinations are trade secrets and are, lI1erefore, not subject to public disclosure. E. The abov.....eferenced Test Catalogue specifies lI1e period of notice required for ordering examinations. Should expedited delivery be required. because Insufficient notice was given by Agency In placing a test order, lI1is Agreement authorizes WTS to ship all such test materials by United Parcel Service Next-Day AIr or Second-Day AIr to ensure delivery. Agency Is responsible for all costs of such expedited delivery. III. Payment Po. Testing costs are based upon lI1elnformation provided by Agency In lI1e Certificate of Test Usage and are calculated In accordance with lI1e fee schedules published will1ln the current Test Catalogue. B. All Invoices must be paid by Agency within 45 days of lI1elr date of Issuance. C. WllI1ln five (5) days of lI1e tost edmlnlstration date. Agency must submit to WTS a completed Certificate of Test Usage Indicating lI1e number of candidates tested. Such certification may be transmitted. by fax or letter. IV. Termination of Agreement WTS retains lI1e right to terminato this Agreement and will1hold and recall all Its test materials If It believes lI1e terms and conditions of 1I11s Agreement are being or have been violated. V. Caneollatlon of Request for Services In the event that the Agency finds It necessary to cancel a test order, the Agency shall pay lI1e minimum charges specified In lI1e current fee schedule for lI1e examination matorials lI1at have been requested. This provision pertains only to completed test orders In which examlnaUon materials have already been prepared by WTS. VI. Limitations and Exclusions Noll1lng contained In 1I11s Agreement nor In matorials provided by WTS shall belntorpreted as representing or warranting. directly or IndlrecUy. that lI1e validity or use of examinations provided by WTS will be sustained by any court or govemmental agency. and lI1e Agency agrees that WTS shall In no way be responsible for such litigation or administrative review or liable for lI1e consequences lI1ereof. . EXHIBIT .A..