Benchmarking Overview. The Benchmark Process may be initiated upon EMW's request received by IBM upon at least 30 days prior notice and no earlier than the second anniversary following the Effective Date and thereafter not more often than once every two Contract Years. IBM and EMW shall share the Benchmarker's fees and expenses. EMW and IBM shall agree on the Benchmarker, taking into consideration the skill, experience, responsiveness, objectivity, fees and expenses of qualified firms or individuals. EMW and IBM shall promptly agree to a replacement Benchmarker in the event the Benchmarker is not available or EMW and IBM agree to replace such Benchmarker.
Benchmarking Overview. The Benchmarking Process shall be conducted by the Benchmarker. In the event (a) a Benchmarker is no longer providing the services required to conduct the Benchmarking Process, (b) TXU and Service Provider agree that the Benchmarker should be replaced or (c) TXU and Service Provider determine that another Benchmarker would be needed to take advantage of another system or methodology utilized by such Benchmarker to conduct the Benchmarking Process, TXU shall promptly designate a replacement Benchmarker. The costs of the Benchmarker shall be borne by TXU.
Benchmarking Overview. T-Mobile will have the right to engage in the Benchmarking Process set forth in this Benchmarking Exhibit to determine whether T-Mobile is receiving competitive pricing, credits, and Service Levels with respect to the Services. If the Benchmarking demonstrates that the pricing or Service Levels are not competitive, then Provider shall adjust such pricing or Service Levels pursuant to Section 3.3(a) (Benchmarking Process) of this Benchmarking Exhibit.
Benchmarking Overview. (a) The Benchmarking Process will be conducted by the Benchmarking Firm in accordance with the Benchmarking Plan. Although the Benchmarking Firm will be selected by T-Mobile, both T-Mobile and Provider will be parties to any agreement under which the Benchmarking Firm is engaged to perform the Benchmarking Process.
Benchmarking Overview. The Parties, in conjunction with the Benchmarker, shall determine the Benchmarking Process within 30 days after Michaels’ request. As part of the Benchmarking Process, the Benchmarker shall compare the applicable fees to the fees of offerings of a like mix of volumes and types of services offered by Tier One Offshore Service Providers (including Supplier) to customers who are similarly situated to Michaels (“Comparable Deals”). The Benchmarker shall select a representative sample of Comparable Deals from no less than 4 and no more than 6 Comparable Deals. The Benchmarker shall normalize the fees of Comparable Deals utilizing factors suggested by the Parties and approved by the Benchmarker as part of the determination of the Benchmarking Process, which factors may include, the scope and volume of the services, the service locations, the term of the agreement, transition cost, service levels, the service delivery model and the commitments described in Section 18.10. The Benchmarking Process shall be conducted by a Benchmarker chosen by Michaels from the list of Benchmarkers specified on Exhibit 19, and Michaels shall pay the fees charged by the Benchmarker to conduct the Benchmarking Process. If the Benchmarkers are no longer providing the services required to conduct the Benchmarking Process or are otherwise unavailable at the time Michaels elects to conduct the Benchmarking Process, the Parties shall promptly designate a replacement Benchmarker. If the Parties do not agree within 15 days on a replacement Benchmarker, Michaels shall designate the Benchmarker in its sole discretion, provided that such Benchmarker shall not be a Supplier Competitor. Supplier shall at its expense cooperate with and assist the Benchmarker and any other third parties involved in the Benchmarking Process, including providing data relating to the provision of the Services, as requested by Michaels or the Benchmarker. For clarity, Supplier shall not be required to provide (a) data that reveals its cost to provide the Services in connection with the Benchmarking Process except in the case of Pass-Through Expenses or (b) data or information protected by confidentiality obligations to other customers of Supplier.
Benchmarking Overview. The Benchmarking Process may be conducted by a Benchmarker chosen by Chordiant from the list of Benchmarkers specified on Exhibit 17, and Chordiant shall pay the fees charged by the Benchmarker to conduct the Benchmarking Process. If the Benchmarkers are no longer providing the services required to conduct the Benchmarking Process at the time Chordiant elects to conduct the Benchmarking Process, or if Chordiant and Supplier agree that an alternative Benchmarker should be used, the Parties shall promptly [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. designate a replacement Benchmarker. If the Parties do not agree within fifteen (15) business days on a replacement Benchmarker, Chordiant shall designate the Benchmarker in its sole discretion. Supplier shall at its expense cooperate with and assist the Benchmarker and any other third parties involved in the Benchmarking Process, including providing data relating to the provision of the Services, as requested by Chordiant or the Benchmarker.
Benchmarking Overview. The Benchmarking Process shall be conducted a time and with regard to the portion of the Services specified by Hawaiian Telcom by a Benchmarker chosen by Hawaiian Telcom from the list of approved Benchmarkers specified on Exhibit 7. If the Benchmarkers are no longer providing the services required to conduct the Benchmarking Process at the time Hawaiian Telcom elects to conduct the Benchmarking Process, the Parties shall promptly designate a replacement Benchmarker. If the Parties do not agree within 15 days on a replacement Benchmarker, Hawaiian Telcom shall designate the Benchmarker in its sole discretion, provided that such Benchmarker may not be a competitor of Supplier. Supplier shall at its expense cooperate with and assist the Benchmarker and any other third parties involved in the Benchmarking Process, including providing information relating to the provision of the Services (subject to reasonable confidentiality restrictions), as requested by Hawaiian Telcom or the Benchmarker.
Benchmarking Overview. The Benchmarking Process shall be conducted by the Benchmarker. In the event (1) a Benchmarker is no longer providing the services required to conduct the Benchmarking Process, (2) NYPH and Vendor agree that the Benchmarker should be replaced or (3) NYPH and Vendor determine that another Benchmarker would be needed to take advantage of another system or methodology utilized by such Benchmarker to conduct the Benchmarking Process, NYPH shall promptly designate a replacement Benchmarker. The fees and expenses charged by the Benchmarker shall be paid by NYPH.
Benchmarking Overview. Hawaiian Telcom, in its sole discretion, may direct Supplier to initiate benchmarking processes, no more than annually, as to Product Pricing, Air Shipment Rates, and/or Container Rates in accordance with this section. The Benchmarking Process shall be conducted at a time and with regard to the portion of the Services specified by Hawaiian Telcom by a Benchmarker designated by mutual agreement of the Parties. If the Parties do not agree within fifteen (15) days on a Benchmarker, Hawaiian Telcom shall designate the Benchmarker in its sole discretion, provided that such Benchmarker may not be a competitor of Supplier. Supplier shall at its expense cooperate with and assist the Benchmarker and any other third parties involved in the Benchmarking Process, including providing information relating to the provision of the Services (subject to reasonable confidentiality restrictions), as requested by Hawaiian Telcom or the Benchmarker.
Benchmarking Overview. The Benchmarking Process may be conducted by a Benchmarker chosen by Chordiant from the list of Benchmarkers specified on Exhibit 17, and Chordiant shall pay the fees charged by the Benchmarker to conduct the Benchmarking Process. If the Benchmarkers are no longer providing the services required to conduct the Benchmarking Process at the time Chordiant elects to conduct the Benchmarking Process, or if Chordiant and Supplier agree that an alternative Benchmarker should be used, the Parties shall promptly designate a replacement Benchmarker. If the Parties do not agree within fifteen (15) business days on a replacement Benchmarker, Chordiant shall designate the Benchmarker in its sole discretion. Supplier shall at its expense cooperate with and assist the Benchmarker and any other third parties involved in the Benchmarking Process, including providing data relating to the provision of the Services, as requested by Chordiant or the Benchmarker.
