Common use of Benchmarking Review Clause in Contracts

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. During the course of the Contract, From time to time beginning not less than eighteen (18) months two years after the Commencement DateEffective 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 SectionSection 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 representative well-managed suppliers performing similar services to determine whether DIR is receiving from Successful Respondent Service Provider pricing and levels of service that are competitive with market rates and prices, given the nature, volume volume, and type of Services and Service Levels provided by Successful Respondent Service Provider hereunder ("Benchmarking"). In making this comparison, the Benchmarker shall consider a minimum of four six (46) 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 Service Provider to provide and comply with unique DIR requirements; ; (viv) whether taxes are included in such pricing or stated separately in supplier invoices; ; (viivi) the restrictions related to location of the delivery of the Services; ; (viiivii) differences in the volumes of the services being compared; ; (ixviii) applicability of service levels, and ; and (xix) material differences in terms and conditions.

Benchmarking Review. During the course of the Contract, From time to time beginning not less than eighteen (18) months two years after the Commencement DateEffective 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 SectionSection 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 representative well-managed suppliers performing similar services to determine whether DIR is receiving from Successful Respondent 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 Successful Respondent Service Provider hereunder ("Benchmarking"). In making this comparison, the Benchmarker shall consider a minimum of four six (46) 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 Service Provider to provide and comply with unique DIR requirements; , (viv) whether taxes are included in such pricing or stated separately in supplier invoices; , (viivi) the restrictions related to location of the delivery of the Services; , (viiivii) differences in the volumes of the services being compared; , (ixviii) applicability of service levels, and and (xix) material differences in terms and conditions.

Benchmarking Review. During the course of the ContractTerm, 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 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, Service Levels; and (x) material differences in terms and conditions.