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:
(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 the comparable supplier is working within a Multi-Sourcing Services Integrator (MSI) model;
(v) the extent to which this Agreement calls for Successful Respondent to provide and comply with unique DIR requirements;
(vi) whether taxes are included in such pricing or stated separately in supplier invoices;
(vii) the restrictions related to location of the delivery of the Services;
(viii) differences in the volumes of the services being compared;
(ix) applicability of service levels, and
(x) material differences in terms and conditions.
Benchmarking Review. Commencing eighteen (18) months after the applicable Supplement Commencement Date (or in the case of the first Supplement, if later, following Supplier’s execution of a separate agreement, pursuant to Section 11.1.6.3, with the second of the two Kraft entities resulting from the Spin-Off), and with 30 days’ advance written notice to Supplier, 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 representing at least one Tower against the quality and price of other well-managed outsourcing suppliers (not including companies who self-perform services) 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 required waiting period set forth in the preceding sentence, but the actual benchmarking study may not commence earlier than the end of such waiting period. 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. 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. Every six
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), Oncor 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 Oncor 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. During the course of the Contract, beginning not less than eighteen (18) months after the Commencement Date and no more than once, DIR may, at DIR’s expense and subject to this Section, engage the services of an independent third party (a "Benchmarker") to compare the managed services rates for application development services against the managed services, contemporaneous rates for the same roles and levels of representative suppliers performing similar application development services to determine whether DIR is receiving from Successful Respondent pricing that is competitive with market rates and prices, given the nature, volume and type of application development Services and Service Levels provided by Successful Respondent hereunder ("Benchmarking"). Prior to commencement of such a comparison, Successful Respondent and DIR shall agree in writing upon the number of representative suppliers, characteristics that suppliers to be included must have, and the other details and metrics of the comparison. In making this comparison, the Benchmarker shall consider a minimum of four (4) comparable transactions and all shall have state agency or department clients, the time period of the compared pricing shall be the same, 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 the comparable supplier is working within a Multi-Sourcing Services Integrator (MSI) model;
(v) the extent to which this Agreement calls for Successful Respondent to provide and comply with unique DIR requirements;
(vi) whether taxes are included in such pricing or stated separately in supplier invoices;
(vii) project staff experience, level and roles;
(viii) the restrictions related to location of the delivery of the Services;
(ix) differences in the volumes of the services being compared;
(x) applicability of service levels, and
(xi) material differences in terms and conditions and/or risk.
Benchmarking Review. After twenty four (24) months following the Amendment 4 Commencement Date and from time to time thereafter, Dex may, at its expense and subject to this Section 11.12, engage the services of an independent third party (a “Benchmarker”) to compare the quality and cost of the Data Center and Managed Services against the quality and cost of other well managed service providers performing Equivalent Services to ensure that Dex is receiving from Vendor Competitive Pricing for Equivalent Quality, as such terms are defined in Section 11.12(b) (such comparison is referred to hereinafter as the “Benchmarking”).
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.
Benchmarking Review. Commencing three (3) years after the Effective Date and as further described herein, Client may, at its expense and subject to this Section 12.4, engage the services of an independent third party (a “Benchmarker”) to compare the quality and cost of all or any portion of the Services against the quality and cost of other well managed providers performing similar services to ensure that Client is receiving from Provider 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 Provider hereunder (“Benchmarking”). In making this comparison, the Benchmarker shall consider the following normalization factors and other similar variables 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 the applicable 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 the agreement calls for the Provider to provide and comply with unique customer requirements; and (v) whether Service Taxes are included in such pricing or stated separately in supplier invoices. If Client exercises its right to conduct Benchmarking hereunder, it shall not be entitled to conduct another Benchmark for three (3) Contract Years (“Benchmarking Blackout”).
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, TxDOT 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 TxDOT 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 any “gain-sharing” agreements or the cost of acquiring future assets; (iv) the extent to which this Agreement calls for Service Provider to provide and comply with unique TxDOT requirements;
