Benchmarking Review. From time to time beginning two years after the Effective Date but no more than (i) once each Contract Year, and (ii) three (3) times during the Term, DIR may, at its expense and subject to this Section 11.10, engage the services of an independent third party (a "Benchmarker") to compare the quality and price of all or any Service Component of the Services against the quality and price of well-managed suppliers performing similar services to determine whether DIR is receiving from Service Provider pricing and levels of service that are competitive with market rates and prices, given the nature, volume and type of Services and Service Levels provided by Service Provider hereunder ("Benchmarking"). In making this comparison, the Benchmarker shall consider a minimum of six (6) comparable transactions (at least three of which shall involve public sector clients), and shall further consider the following factors and normalize the pricing data as and to the extent appropriate: (i) whether supplier transition, transformation, and other charges are paid by the customer as incurred or over a period of time; (ii) the extent to which supplier pricing includes the purchase of the customer's existing assets or assumption of any agreements; (iii) the extent to which supplier pricing includes the cost of acquiring future assets; (iv) the extent to which this Agreement calls for Service Provider to provide and comply with unique DIR requirements, (v) whether taxes are included in such pricing or stated separately in supplier invoices, (vi) the restrictions related to location of the delivery of the Services, (vii) differences in the volumes of the services being compared, (viii) applicability of service levels, and (ix) material differences in terms and conditions.
Benchmarking Review. During the course of the Contract, beginning not less than eighteen (18) months after the Commencement Date, DIR may, at its expense and subject to this Section, engage the services of an independent third party (a "Benchmarker") to compare the quality and price of all or any Service Component of the Services against the quality and price of representative suppliers performing similar services to determine whether DIR is receiving from Successful Respondent pricing and levels of service that are competitive with market rates and prices, given the nature, volume and type of Services and Service Levels provided by Successful Respondent hereunder ("Benchmarking"). In making this comparison, the Benchmarker shall consider a minimum of four (4) comparable transactions (at least three (3) of which shall involve public sector clients), and shall further consider the following factors and normalize the pricing data as and to the extent appropriate:
Benchmarking Review. From time to time beginning two years after the Effective Date but no more than (i) once each Contract Year, and (ii) three (3) times during the Term, DIR may, at its expense and subject to this Section 11.10, engage the services of an independent third party (a "Benchmarker") to compare the quality and price of all or any Service Component of the Services against the quality and price of well-managed suppliers performing similar services to determine whether DIR is receiving from Service Provider pricing and levels of service that are competitive with market rates and prices, given the nature, volume and type of Services and Service Levels provided by Service Provider hereunder ("Benchmarking"). In making this comparison, the Benchmarker shall consider a minimum of six (6) comparable transactions (at least three of which shall involve public sector clients), and shall further consider the following factors and normalize the pricing data as and to the extent appropriate: (i) whether supplier transition, transformation, and other charges are paid by the customer as incurred or over a period of time; (ii) the extent to which supplier pricing includes the purchase of the customer's existing assets or assumption of any agreements; (iii) the extent to which supplier pricing includes the cost of acquiring future assets;
Benchmarking Review. Commencing 24 months after the Commencement Date, and no more frequently than once every 12 months thereafter for each scope of Services that is benchmarked, Kraft may, subject to this Section 11.10, request that a benchmarking study be performed by an independent third party with the characteristics noted in Section 11.10.2 (a “Benchmarker”) to compare the quality and price of all or any portion of the Services against the quality and price of other well-managed suppliers performing similar services to ensure that Kraft is receiving from Supplier pricing and levels of service that are competitive with market rates, prices and service levels, given the nature, volume and type of Services provided by Supplier hereunder (“Benchmarking”). The Benchmarker may be hired and Kraft may provide the Benchmarker with instructions and information prior to the 25th month after the Commencement Date, but the actual benchmarking study may not commence earlier than 24 months after the Commencement Date. In addition, Kraft shall not require Benchmarking more than 3 times in any Contract Year. In making this comparison, the Benchmarker shall consider such factors as the Benchmarker typically considers in its benchmarking methodology, including the following factors, and adjust the prices as and to the extent appropriate: (i) any financial engineering, such as whether supplier transition charges are paid by the customer as incurred or amortized over the term of this Agreement; (ii) the extent to which supplier pricing includes the purchase of the customer’s existing assets; (iii) the extent to which supplier pricing includes the cost of acquiring future assets; (iv) the extent to which this Agreement calls for Supplier to provide and comply with unique Kraft requirements; (v) whether Service Taxes are included in such pricing or stated separately in supplier invoices; (vi) nature, size, scope and term of the contract, and (vii) service locations.
Benchmarking Review. Every six (6) Months during the Contract Period, the Supplier shall assess the level of the Contract Charges to consider whether it is able to reduce them. Such assessments shall be carried out on [1 June] and [1 December] in each Year (or in the event that such dates do not, in any Year, fall on a Working Day, on the next Working Day following such dates). To the extent that the Supplier is able to decrease the Contract Charges it shall promptly notify the Customer in writing and such reduction shall be implemented in accordance with paragraph 5 below.
Benchmarking Review. Beginning on the second anniversary of the Master Agreement Effective Date and no more frequently than once every 18 months with regard to a Services Agreement thereafter (such 18 months period commencing from the completion of the immediately prior Benchmarking), TXU may engage the services of an independent third party (a "Benchmarker"), as agreed upon by both Parties, to compare the quality and cost of all or any reasonable aggregation of the Services (consistent with the overall structuring of the relationship between the parties, as reflected in the Transaction Agreements) against the quality and cost of service providers performing similar services to ensure that TXU is receiving from Vendor pricing and levels of service that are competitive with market rates, prices and service levels, given the nature, volume and type of Services provided by Vendor under this Agreement ("Benchmarking").
Benchmarking Review. At any time after the first anniversary of the Commencement Date and thereafter no more frequently than annually, CoreLogic may, subject to this Section 11.6, engage the services of an independent third party (a “Benchmarker”) to compare the quality, cost and Supplier staffing of the Services as a whole or with respect to one or more Service Areas against the quality and cost of *** to ensure that CoreLogic is receiving from Supplier pricing and levels of service that are competitive with market rates, prices and service levels, given the nature, quality, volume and type of Services provided by Supplier hereunder (“Benchmarking”). The expense paid to the Benchmarker for any such CONFIDENTIAL MATERIAL APPEARING IN THIS DOCUMENT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION IN ACCORDANCE WITH THE SECURITIES ACT OF 1933, AS AMENDED, AND RULE 24B-2 PROMULGATED THEREUNDER. OMITTED INFORMATION HAS BEEN REPLACED WITH ASTERISKS Benchmarking shall be paid by CoreLogic. In making this comparison, the Benchmarker shall use a sufficiently sized reference group to conduct the Benchmarking process consisting of a representative sample of not less than four (4) companies receiving similar outsourced services, and shall consider the following factors and other similar variables and adjust the prices as and to the extent appropriate: (i) whether and to what extent supplier transition charges are paid by the customer as incurred or amortized over the term of this Agreement; (ii) the extent to which supplier pricing includes the purchase of the customer’s existing assets; (iii) the extent to which supplier pricing includes the cost of acquiring future assets; (iv) the extent to which this Agreement calls for Supplier to provide and comply with unique CoreLogic requirements; (v) whether Service Taxes are included in such pricing or stated separately in supplier invoices; and (vi) differences in volume of services (scale), scope of services, service levels, contract terms, financing or payment streams, geographic distribution (including the use of offshore facilities and labor), complexity of supported environment, technologies employed, and terms and conditions.
Benchmarking Review. During the course of the Contract, beginning as of the Commencement Date for Gov Hub Customer Program Services and not less than eighteen (18) months after the Commencement Date for all other Services, DIR may, at its expense and subject to this Section, engage the services of an independent third party (a "Benchmarker") to compare the quality and price of all or any Service Component of the Services against the quality and price of representative suppliers performing similar services to determine whether DIR is receiving from Successful Respondent pricing and levels of service that are competitive with market rates and prices, given the nature, volume and type of Services and Service Levels provided by Successful Respondent hereunder ("Benchmarking"). In making this comparison, the Benchmarker shall consider a minimum of four (4) comparable transactions (at least three (3) of which shall involve public sector clients). In accordance with the process set forth in this Section 5.4, and nor more than once per year, DIR may also use the rights under this Benchmarking provision to perform a Benchmarking of the Services and price DIR is receiving against any or all Gov Hub Program Customer contracts that are in steady state. The Benchmarker shall further consider the following factors and normalize the pricing data as and to the extent appropriate:
Benchmarking Review. Objective The objective of this task is to benchmark the City’s integrated solid waste system against comparable municipal systems and industry standards.
Benchmarking Review. Beginning on or after December 31, 2007, and from time to time thereafter, New Century may, at its expense and subject to this Section 11.10, engage the services of an independent third party (a “Benchmarker”) to compare the quality and cost of the Services under this Agreement, in the aggregate or by sub-Functional Service Area (i.e., HR Admin, Payroll, Recruiting, Procurement or Accounts Payable), against the quality and cost of other top tier service providers performing similar services to confirm that New Century is receiving from Supplier pricing and levels of service that are competitive with market rates, prices and service levels, given the nature, volume and type of Services provided by Supplier hereunder (“Benchmarking”). In making this comparison, the Benchmarker shall consider the following factors and normalize the prices as and to the extent appropriate: (i) whether supplier transition charges are paid by the customer as incurred or amortized over the term of this Agreement; (ii) the extent to which supplier pricing includes the purchase of the customer’s existing assets; (iii) the extent to which supplier pricing includes the cost of acquiring future assets; (iv) the extent to which this Agreement calls for Supplier to provide and comply with unique New Century requirements; (v) whether Service Taxes are included in such pricing or stated separately in supplier invoices; (vi) the jurisdictions to which the Services are provided; (vii) the applicable service levels; (viii) the term of the agreement; and (ix) any required financial engineering or investments. New Century shall not initiate more than one Benchmarking of each sub-Functional Service Area in any Contract Year.
