Frequency of Benchmark Review Sample Clauses

Frequency of Benchmark Review. 2.1 The Authority may, by written notice to the Supplier, require a Benchmark Review of any or all of the Services. Purpose and scope of Benchmark Review
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Frequency of Benchmark Review. The Customer may, by written notice to the Supplier, require a Benchmark Review of any or all of the Services. The Customer shall not be entitled to carry out a Benchmark Review during the first (1st) twelve (12) Months after the Commencement Date nor at intervals of less than six (6) Months after any previous Benchmark Review. Purpose and scope of Benchmark Review The purpose of a Benchmark Review will be to establish whether a Benchmarked Service are and/or the Benchmarked Services as a whole are, Good Value. The Services that are to be the Benchmarked Services will be identified by the Customer and written request will be given to the Supplier under paragraph 5.1 of this Schedule. The Supplier shall use all reasonable endeavours and act in good faith to supply information required by the Benchmarker in order to undertake the benchmarking. Appointment of Benchmarker Each Benchmark Review shall be performed by an independent third Party appointed by agreement between the Parties. If the parties cannot agree on the independent third party within ten (10) Working Days of receipt by the Supplier of the Customer's written request, the Customer may refer the matter for resolution by the Dispute Resolution Procedure. The Customer will, at the written request of the Supplier, require the Benchmarker to enter into an appropriate confidentiality undertaking with the Supplier. The costs and expenses of the Benchmarker and the Benchmark Review shall be shared equally between both Parties provided that each Party shall bear its own internal costs of the Benchmark Review. The costs of the Benchmark Review shall be borne by the Supplier if the Benchmark Review finds that the Benchmarked Services are not Good Value. Benchmarking Process The Customer shall require the Benchmarker to produce, and to send to each Party for approval, a draft plan for the Benchmark Review within ten (10) Working Days after the date of the appointment of the Benchmarker, or such longer period as the Benchmarker shall reasonably request in all the circumstances. The plan should include, without limitation: a proposed timetable for the Benchmark Review; a description of the information that the Benchmarker requires each party to provide; a description of the benchmarking methodology to be used; a description that demonstrates objectively and transparently that the benchmarking methodology to be used is capable of fulfilling the benchmarking objectives; an estimate of the resources required from...
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Frequency of Benchmark Review. 8.1. The CUSTOMER may, by written notice to the SERVICE PROVIDER, require a Benchmark Review of any or all of the Ordered IT Solutions. If the SERVICE PROVIDER refuses or fails to comply with its obligations set out in paragraph 7 of this Schedule (including implementing changes in accordance with paragraph 7.22 of this Schedule to any Benchmarked Products which are not Good Value in accordance with paragraph 7.22 of this Schedule), such refusal or failure shall entitle the CUSTOMER to terminate this Contract in accordance with Clause 10.3.5 of this Contract.
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Frequency of Benchmark Review. 2.1 HSBC may, by written notice to the Supplier, require a Benchmark Review of any or all of the Services.
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Frequency of Benchmark Review. 1.1 The AUTHORITY may, at anytime during the Term, require a Benchmark Review of any or all of the available Traffic Management Technology. If the SUPPLIER refuses or fails to comply with its obligations set out in Clause 1 of this Schedule (including implementing changes in accordance with Clause 4.5 of this Schedule to any Benchmarked Products which are not good value), such refusal or failure shall entitle the AUTHORITY to:
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Frequency of Benchmark Review. 7.1. The CUSTOMER may, by written notice to the SERVICE PROVIDER, require a Benchmark Review of any or all of the Ordered Information Management & Learning Services.
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Frequency of Benchmark Review. 7.1. The CUSTOMER may, by written notice to the SERVICE PROVIDER, require a Benchmark Review of any or all of the Ordered IT Solutions. If the SERVICE PROVIDER refuses or fails to comply with its obligations set out in paragraph 7 of this Schedule (including implementing changes in accordance with paragraph 7.22 of this Schedule to any Benchmarked Products which are not Good Value in accordance with paragraph 7.22 of this Schedule), such refusal or failure shall entitle the CUSTOMER to terminate this Contract in accordance with Clause 10.3.5 of this Contract but such refusal shall not constitute a breach of this Contract.
Sample 1
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Frequency of Benchmark Review. 2.1.1 The Authority may, at anytime during the Term, require a Benchmark Review of any or all of the Available Services. If the Supplier refuses or fails to comply with its obligations set out in paragraph 2 of this Schedule (including implementing changes in accordance with paragraph 2.4.5 of this Schedule to any Rates of Charge that have been subject to Benchmark Review or Available Services which are not Good Value), such refusal or failure shall entitle the Authority to terminate this Framework Agreement in accordance with Clause 26.14 of this Framework Agreement.
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Related to Frequency of Benchmark Review

  • Frequency Your milk must be supplied on a consistent basis throughout the week on either a daily or skip-a-day basis as agreed by you and DFMC, except in emergencies. DFMC has no obligation to collect your milk more frequently than once per day, but may agree to do so from time to time. If, at DFMC’s election, your milk is collected more frequently than you require, no Gate Fees or charges will apply for the additional collections.

  • Periodic Review The General Counsel shall periodically review the Procurement Integrity Procedures with OSC personnel in order to ascertain potential areas of exposure to improper influence and to adopt desirable revisions for more effective avoidance of improper influences.

  • Periodic Reviews During January of each year during the term hereof, the Board of Directors of the Company shall review Executive's Annual Salary, bonus, stock options, and additional benefits then being provided to Executive. Following each such review, the Company may in its discretion increase the Annual Salary, bonus, stock options, and benefits; however, the Company shall not decrease such items during the period Executive serves as an employee of the Company. Prior to November 30th of each year during the term hereof, the Board of Directors of the Company shall communicate in writing the results of such review to Executive.

  • Selection Criteria Each Contract is secured by a new or used Motorcycle. No Contract has a Contract Rate less than 1.00%. Each Contract amortizes the amount financed over an original term no greater than 84 months (excluding periods of deferral of first payment). Each Contract has a Principal Balance of at least $500.00 as of the Cutoff Date.

  • Account Verification Whether or not a Default or Event of Default exists, Agent shall have the right at any time, in the name of Agent, any designee of Agent or any Borrower, to verify the validity, amount or any other matter relating to any Accounts of Borrowers by mail, telephone or otherwise. Borrowers shall cooperate fully with Agent in an effort to facilitate and promptly conclude any such verification process.

  • Auditor Report; Right to Audit (a) Within the time period permitted for the examination audit pursuant to 12 CFR Section 363 after the end of each fiscal year during which the Receiver makes any payment to the Assuming Institution under this Single Family Shared-Loss Agreement, the Assuming Institution shall deliver to the Receiver a report signed by its independent public accountants stating that they have reviewed the terms of this Single Family Shared-Loss Agreement and that, in the course of their annual audit of the Assuming Institution’s books and records, nothing has come to their attention suggesting that any computations required to be made by the Assuming Institution during such fiscal year pursuant to this Article II were not made by the Assuming Institution in accordance herewith. In the event that the Assuming Institution cannot comply with the preceding sentence, it shall promptly submit to the Receiver corrected computations together with a report signed by its independent public accountants stating that, after giving effect to such corrected computations, nothing has come to their attention suggesting that any computations required to be made by the Assuming Institution during such year pursuant to this Article II were not made by the Assuming Institution in accordance herewith. In such event, the Assuming Institution and the Receiver shall make all such accounting adjustments and payments as may be necessary to give effect to each correction reflected in such corrected computations, retroactive to the date on which the corresponding incorrect computation was made.

  • Xxxxxxx, 265 Cal App. 2d 40 (1968). By executing this Guaranty, Holdings freely, irrevocably, and unconditionally: (i) waives and relinquishes that defense and agrees that Holdings will be fully liable under this Guaranty even though the Secured Parties may foreclose, either by judicial foreclosure or by exercise of power of sale, any deed of trust securing the Obligations; (ii) agrees that Holdings will not assert that defense in any action or proceeding which the Secured Parties may commence to enforce this Guaranty; (iii) acknowledges and agrees that the rights and defenses waived by Holdings in this Guaranty include any right or defense that Holdings may have or be entitled to assert based upon or arising out of any one or more of §§ 580a, 580b, 580d, or 726 of the California Code of Civil Procedure or § 2848 of the California Civil Code; and (iv) acknowledges and agrees that the Secured Parties are relying on this waiver in creating the Obligations, and that this waiver is a material part of the consideration which the Secured Parties are receiving for creating the Obligations.

  • 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.

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