Benchmark Results Sample Clauses

Benchmark Results. (i) The Benchmarker shall provide the data, analysis and findings, including any supporting documentation, for the Services to Administrator and Customer as appropriate throughout the Benchmark Process.
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Benchmark Results. Results of benchmark tests or other performance tests run on the Software may not be disclosed to any third party without Xxxxxxxxx's prior written consent.
Benchmark Results. With respect to undisputed Benchmark results, if the applicable Fees are (i) within [...***...]% of the Benchmark results, the Fees shall not be adjusted; (ii) if the applicable Fees are between [...***...]% and [...***...]% higher than the Benchmark results, then the applicable Fees shall be adjusted automatically [...***...] to be within [...***...]% of the Benchmark results; or (iii) if the applicable Fees are more than [...***...]% higher than the Benchmark results, then the applicable Fees shall be reduced automatically (on a Tower-by-Tower basis) by [...***...]%, and the Parties shall promptly discuss any further Fee or other adjustments. If, after completing their reviews of the Benchmark results, the Parties are unable to resolve any issue regarding such results, including Fee or other adjustments related to such results, within thirty (30) days after either Party determines that the Parties are unable to resolve such issue, [...***...].
Benchmark Results. As a condition to DIR’s consent to the assignment of the MSA by Xerox S&L to Successor Service Provider as provided above, and as a material condition to the effectiveness of this ARCA Agreement, Successor Service Provider hereby waives any rights provided under Subsection 11.10(d) of the MSA and accepts the results specified in the Benchmarker's report issued on April 8, 2015 (the "Agreed Benchmark Report"). Successor Service Provider hereby agrees to eliminate the Variance specified in the Agreed Benchmark Report in accordance with the terms of Subsection 11.10(c) of the MSA in a manner substantially similar to the approach as outlined in Exhibit C.

Related to Benchmark Results

  • Benchmarking 19.1 The Parties shall comply with the provisions of Framework Schedule 12 (Continuous Improvement and Benchmarking) in relation to the benchmarking of any or all of the Goods and/or Services.

  • Adjustments Resulting in Underpayments In the case of any adjustment pursuant to a Final Determination with respect to any such Tax Return, the Responsible Company shall pay to the applicable Tax Authority when due any additional Tax due with respect to such Return required to be paid as a result of such adjustment pursuant to a Final Determination. The Responsible Company shall compute the amount attributable to the Corner Store Group in accordance with Section 2 and Corner Store shall pay to Valero any amount due Valero (or Valero shall pay Corner Store any amount due Corner Store) under Section 2 within 30 days from the later of (i) the date the additional Tax was paid by the Responsible Company or (ii) the date of receipt of a written notice and demand from the Responsible Company for payment of the amount due, accompanied by evidence of payment and a statement detailing the Taxes paid and describing in reasonable detail the particulars relating thereto. Any payments required under this Section 5.02(c) shall include interest computed at the Prime Rate based on the number of days from the date the additional Tax was paid by the Responsible Company to the date of the payment under this Section 5.02(c).

  • Results The five values obtained shall be arranged in order and the median value taken as a result of the measurement. This value shall be expressed in Newtons per centimetre of width of the tape. Annex 7 Minimum requirements for sampling by an inspector

  • Quantitative Analysis Quantitative analysts develop and apply financial models designed to enable equity portfolio managers and fundamental analysts to screen potential and current investments, assess relative risk and enhance performance relative to benchmarks and peers. To the extent that such services are to be provided with respect to any Account which is a registered investment company, Categories 3, 4 and 5 above shall be treated as “investment advisory services” for purposes of Section 5(b) of the Agreement.”

  • Feedback You have no obligation to provide us with ideas, suggestions, or proposals (“Feedback”). However, if you submit Feedback to us, then you grant us a non-exclusive, worldwide, royalty-free license that is sub-licensable and trans- ferable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, or publicly perform the Feedback in any manner without any obligation, royalty, or restriction based on intellectual property rights or otherwise.

  • Benchmark Replacement Notwithstanding anything to the contrary herein or in any other Loan Document, if a Benchmark Transition Event and its related Benchmark Replacement Date have occurred prior any setting of the then-current Benchmark, then (x) if a Benchmark Replacement is determined in accordance with clause (a) of the definition of “Benchmark Replacement” for such Benchmark Replacement Date, such Benchmark Replacement will replace such Benchmark for all purposes hereunder and under any Loan Document in respect of such Benchmark setting and subsequent Benchmark settings without any amendment to, or further action or consent of any other party to, this Agreement or any other Loan Document and (y) if a Benchmark Replacement is determined in accordance with clause (b) of the definition of “Benchmark Replacement” for such Benchmark Replacement Date, such Benchmark Replacement will replace such Benchmark for all purposes hereunder and under any Loan Document in respect of any Benchmark setting at or after 5:00 p.m. (New York City time) on the fifth (5th) Business Day after the date notice of such Benchmark Replacement is provided to the Lenders without any amendment to, or further action or consent of any other party to, this Agreement or any other Loan Document so long as the Administrative Agent has not received, by such time, written notice of objection to such Benchmark Replacement from Lenders comprising the Required Lenders. If the Benchmark Replacement is Daily Simple SOFR, all interest payments will be payable on a quarterly basis.

  • Statistical or Market-Related Data Any statistical, industry-related and market-related data included or incorporated by reference in the Time of Sale Disclosure Package, are based on or derived from sources that the Company reasonably and in good faith believes to be reliable and accurate, and such data agree with the sources from which they are derived.

  • Statistical Information Any third-party statistical and market-related data included in the Registration Statement, the Time of Sale Disclosure Package and the Prospectus are based on or derived from sources that the Company believes to be reliable and accurate in all material respects.

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