Pearson Vue Test Site Agreement-Mar2010.pdf

Pearson VUE Authorized Center Agreement
For Site ID Number_______
Company Name:
Street Address:
Amendment No. One
To the
Pearson VUE Authorized Center Agreement
City: State/Province: Country: USA Postal Code
Amendment to Pearson VUE Authorized Center Agreement (“Agreement”) as executed between the parties.
Company and NCS Pearson, Inc. (“Pearson VUE”) agree that the Agreement is amended as follows:
GENERAL TERMS AND CONDITIONS
1. Section 6 entitled “Insurance Coverage”, is deleted in its entirety and replaced with the following:
“a. General Liability
During the Term, and any renewals or extension, Company will maintain a Commercial General
Liability Insurance policy with a combined limit for each occurrence that is in compliance with Florida
Statute 768.28, as amended, or million dollars ($1,000,000.00 USD). In no event shall Company
maintain Commercial General Liability Insurance with a combined limit of less than $100,000 per
claim/$200,000 per occurrence.
b. Evidence of Insurance
Prior to commencing any performance under this Agreement, Company will provide Pearson VUE with
a standard Certificate of Insurance as evidence that the insurance coverage required herein is in full
force and effect. If any such insurance renews or is terminated during the Term, Company will provide
Pearson VUE with evidence that such coverage has been renewed or replaced with insurance that
complies with these provisions. Such evidence of insurance will require written notice to Pearson VUE
at least 30 days prior to the cancellation or nonrenewal of coverage.
c. Insurers, Policies
All policies of insurance required of Company hereunder will be issued by financially responsible
insurers, and all such insurers must be acceptable to Pearson VUE. Such acceptance by Pearson
VUE will not be unreasonably withheld or delayed.
d. Self-insurance
If Company cannot comply with the insurance provisions listed in Subsections 6a, b, and c, Company
will certify to Pearson VUE that Company will maintain a formal self-insurance program to fund the
potential legal liability associated with those exposures that would otherwise be covered by
Commercial General Liability Insurance or by Florida Statute 768.28, as amended, for the Term. In no
event shall Company maintain a formal self-insurance program with a combined limited of less than
$100,000 per claim/$200,000 per occurrence. Company will provide written notice of this in the form of
a letter sent on Company letterhead with such certification and explanation of why Company cannot
comply with Subsections 6a, b, and c. Company agrees that Company shall afford VUE the same
rights and protection under its self-insurance program as Pearson VUE would have had as an
Additional Insured had Company maintained Commercial General Liability Insurance.
2. Section 10(b) is deleted in its entirety and replaced with the following:
“b.
This Agreement will be governed by and construed and enforced in accordance with the laws of the
state of Florida, USA. If a provision of this Agreement is found to be invalid, illegal or unenforceable in
any respect, the court may modify it to make such provision enforceable.”
100215 Amendment No. One Brevard Schools Page 1 of 2
Proprietary and Confidential
Pearson VUE • Attn: Channel Sales • 5601 Green Valley Drive • Bloomington •MN • 55437-1099

Pearson VUE Authorized Center Agreement
3. Section 11 entitled “General Provisions”, Subsections (g) and (h) are deleted in their entirety and replaced with
the following:
“In consideration for being allowed to utilize Pearson VUE’s products, the Company agrees to hereby release,
waive, discharge and covenant not to make a claim against, subrogate or sue Pearson VUE, their officers,
servants, agents or employees for any and all liability, claims, demands or course of action whatsoever arising
out of or related to any loss, damage or injury including death that may be sustained during the course and
scope of use as outlined in this agreement.
Nothing in this agreement shall be deemed as a waiver of sovereign immunity for, the SCHOOL BOARD
beyond the stated statutory limited waiver of $100,000 per claim/$200,000 per occurrence as found in Florida
Statute 768.28 as adopted by the Florida Legislature and nothing in this agreement shall inure to the benefit of
any third party for the purpose of allowing any claim which would otherwise be barred under the doctrine of
sovereign immunity.”
Except as provided in this Amendment, all terms and conditions of the above referenced Agreement will remain in full
force and effect.
Company
Signature _______________________________
Print Name ______________________________
Title ___________________________________
Date: __________________________________
NCS Pearson, Inc.
Signature: ______________________________
Print: ___________________________________
Title: ____________________________________
Date: ____________________________________
Email address ___________________________
100215 Amendment No. One Brevard Schools Page 2 of 2
Proprietary and Confidential
Pearson VUE • Attn: Channel Sales • 5601 Green Valley Drive • Bloomington •MN • 55437-1099