APPOINTMENT OF BENCHMARKER. 48.3.1. The DCC shall appoint the Benchmarker to carry out the Benchmark Review from the following list of organisations: 48.3.1.1. Gartner
APPOINTMENT OF BENCHMARKER. 4.1 The parties shall select the Benchmarker to carry out the Benchmark Review from one of the following organisations: Gartner, Deloitte, Ovum, KPMG, ISG or Everest provided if the parties cannot agree within ten (10) Working Days of notification of the Benchmark Review by HSBC, HSBC may select the Benchmarker. HSBC shall appoint and engage the Benchmarker.
4.2 HSBC will, at the written request of the Supplier, require the Benchmarker to enter into an appropriate confidentiality undertaking with the Supplier.
APPOINTMENT OF BENCHMARKER. In accordance with Paragraph 4.1 of Schedule 5.3 (Benchmarking) of the Call-Off Terms, the following organisations may be appointed to carry out a Benchmark Review: N/A
APPOINTMENT OF BENCHMARKER. The Authority shall appoint as the Benchmarker to carry out the Benchmark Review either an organisation on the list of organisations set out in Annex 1 or such other organisation as may be agreed in writing between the Parties. The Authority shall, at the written request of the Supplier, require the Benchmarker to enter into a confidentiality agreement with the Supplier in, or substantially in, the form set out in Annex 2. The costs and expenses of the Benchmarker and the Benchmark Review shall be shared equally between both Parties provided that each Party shall bear its own internal costs of the Benchmark Review. The Benchmarker shall not be compensated on a contingency fee or incentive basis. The Authority shall be entitled to pay the Benchmarker’s costs and expenses in full and to recover the Supplier’s share from the Supplier. The Authority shall require the Benchmarker to produce, and to send to each Party for approval, a draft plan for the Benchmark Review within 10 Working Days after the date of the appointment of the Benchmarker, or such longer period as the Benchmarker shall reasonably request in all the circumstances. The plan must include: a proposed timetable for the Benchmark Review; a description of the information that the Benchmarker requires each Party to provide; a description of the benchmarking methodology to be used; a description that clearly illustrates that the benchmarking methodology to be used is capable of fulfilling the benchmarking objectives under Paragraph 2.1; an estimate of the resources required from each Party to underpin the delivery of the plan; a description of how the Benchmarker will scope and identify the Comparison Group; details of any entities which the Benchmarker proposes to include within the Comparison Group; and if in the Benchmarker's professional opinion there are no Comparable Services or the number of entities carrying out Comparable Services is insufficient to create a Comparison Group, a detailed approach for meeting the relevant benchmarking objective(s) under Paragraph 2.1 using a proxy for the Comparison Services and/or Comparison Group as applicable. The Parties acknowledge that the selection and or use of proxies for the Comparison Group (both in terms of number and identity of entities) and Comparable Services shall be a matter for the Benchmarker's professional judgment. Each Party shall give notice in writing to the Benchmarker and to the other Party within 10 Working Days after receiving the...
APPOINTMENT OF BENCHMARKER. 2.1 The Framework Authority shall select and appoint a Benchmarker to carry out the Benchmark Review who has demonstrated:
(a) industry expertise;
(b) benchmarking expertise; and
(c) relevant expertise with benchmarking in the public sector.
2.2 The Framework Authority shall consult with the Contractor prior to appointing the Benchmarker and shall take the Contractor's reasonable recommendations into account in making the appointment.
2.3 The Framework Authority will, at the written request of the Contractor, require the Benchmarker to enter a non-disclosure agreement with the Contractor substantially in the form of the Non- Disclosure Agreement.
2.4 The costs and expenses of the Benchmarker and the Benchmark Review shall be shared equally between both Parties provided that each Party shall bear its own internal costs of the Benchmark Review.
APPOINTMENT OF BENCHMARKER. 3.1 The Framework Authority, following consultation with the Contractor, shall appoint the Benchmarker to carry out the Benchmark Review from the list of organisations set out in Appendix 1 of this Schedule. The terms under which the Benchmarker is engaged shall be:
3.1.1 consistent with the relevant provisions set out in this Schedule; and
3.1.2 determined and agreed solely by the Framework Authority (unless otherwise advised by the Framework Authority). The Framework Authority may consult with the Contractor on the terms under which the Benchmarker is engaged but the Contractor agrees that such terms shall be determined and agreed solely by the Framework Authority.
3.2 The Benchmarker shall act independently.
3.3 The Framework Authority will, at the written request of the Contractor, require the Benchmarker to enter into an appropriate confidentiality undertaking with the Contractor.
3.4 The costs and expenses of the Benchmarker and the Benchmark Review shall be shared equally between the Parties provided that the Parties shall bear their own internal costs of the Benchmark Review.
APPOINTMENT OF BENCHMARKER. The CUSTOMER shall appoint the Benchmarker to carry out the Benchmark Review.
APPOINTMENT OF BENCHMARKER. In accordance with Paragraph 4.1 of Schedule 5.3 (Benchmarking) of the Call-Off Terms, the following organisations may be appointed to carry out a Benchmark Review: None unless as stated in PSN Order Form N/A
APPOINTMENT OF BENCHMARKER. 4.1. Each Benchmark Review shall be performed by an independent third party appointed by agreement between the parties. {If the parties cannot agree on the independent third party within {NUMBER} days of receipt by the Service Provider of the Authority's written request, then the Benchmarker shall be {INSERT CONSULTANTS}.}
4.2. The Authority has the right at any time to require the Benchmarker to enter into an appropriate and reasonable confidentiality undertaking directly with it.
4.3. Each party shall bear its own costs relating to a Benchmark Review, save that the costs and expenses of the Benchmarker shall be shared equally by the parties.
4.4. The Benchmarker shall conduct the Benchmark Review by applying the following general principles and criteria:
a) benchmarking shall be carried out in an independent and objective manner;
b) the Benchmarker shall be jointly instructed by the parties;
c) benchmarking shall be truly comparative in respect of the technology, services and KPIs;
d) benchmarking shall be structured and undertaken in a way that causes the minimum disruption possible; and
e) immediately following selection of the Benchmarker, the parties and the Benchmarker shall agree the general principles and method of benchmarking.
4.5. The Service Provider shall not be deemed to be in breach for any failure to perform any obligation under this Agreement (nor will it be liable for Service Credits) where such failure results from any disruption to the Service Provider's performance as a result of disruption caused by the Benchmarker.
APPOINTMENT OF BENCHMARKER. The independent third party benchmarker shall be appointed by agreement between the parties. If the parties cannot agree on the independent third party within ten (10) Business Days of receipt by the Supplier of BUPA’s written request and/or notice pursuant to Clause 12.1 , the matter shall be referred to the Dispute Escalation and Resolution Procedure. Both parties shall co- operate fully with the benchmarker which shall include, without limitation, agreeing a benchmark plan which shall include:
12.2.1. a timetable of the benchmarking exercise,
12.2.2. a description of the information to be provided by BUPA and the Supplier, and
12.2.3. details of the entities proposed to be included in the sample comparison which shall be consolidated and agreed by the parties with the benchmarker once the information in Clause 12.2.2 has been provided to the benchmarker.
