Common use of Frequency of Benchmark Review Clause in Contracts

Frequency of Benchmark Review. The Customer may, by written notice to the Supplier, require a Benchmark Review of any or all of the Goods and Services. The Customer shall not be entitled to carry out a Benchmark Review during the first twelve (12) Months after the Commencement Date nor at intervals of less than six (6) Months after any previous Benchmark Review. The purpose of a Benchmark Review will be to establish whether a Benchmarked Goods and Service are and/or the Benchmarked Services as a whole are, Good Value. The Goods and 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 6.1 of this Schedule. The Customer shall be entitled to publish the results of any benchmarking 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. The Customer shall appoint the Benchmarker to carry out the Benchmark Review. 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. 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 each party to underpin the delivery of the plan; a description of how the Benchmarker will scope and identify the Comparison Group; and details of any entities which the Benchmarker proposes to include within the Comparison Group. Each Party must give notice in writing to the Benchmarker and to the other Party within ten (10) Working Days after receiving the draft plan, advising whether it approves the draft plan, or, if it does not approve the draft plan, suggesting amendments to that plan. Neither Party may unreasonably withhold or delay its approval of the draft plan, and any suggested amendments must be reasonable. Where a Party suggests amendments to the draft plan under paragraph 6.10 of this Schedule, the Benchmarker must, if it believes the amendments are reasonable, produce an amended draft plan. Paragraph 6.10 of this Schedule shall apply to any amended draft plan. Failure by a Party to give notice under paragraph 6.10 of this Schedule will be treated as approval of the draft plan by that Party. Once the plan is approved by both Parties, the Benchmarker will carry out the Benchmark Review in accordance with the plan. Each Party shall procure that all the information described in the plan, together with any additional information reasonably required by the Benchmarker is provided to the Benchmarker without undue delay. Each Party shall co-operate fully with the Benchmarker, including by providing access to records, technical documentation, premises, equipment, systems and personnel at times reasonably requested by the Benchmarker, provided that the Benchmarker shall be instructed to minimise any disruption to the Goods and Services. Either Party may provide additional material to the Benchmarker to assist the Benchmarker in conducting the Benchmark Review. Once it has received the information it requires, the Benchmarker shall finalise a sample of entities constituting the Comparison Group and collect data relating to Comparable Services. The selection of the Comparison Group (both in terms of number and identity of entities) and Comparable Services shall be a matter for the Benchmarker's professional judgment using: information from other service providers to the Customer; survey information; market intelligence; the Benchmarker's own data and experience; relevant published information; information from consultancies and/or other vendors or purchasers of Comparable Services; and information from 'in-house' providers to the Customer to the extent that Benchmarker considers that they are valid comparators. The Benchmarker shall then by (i) applying the adjustment factors listed in paragraph 6.16 of this Schedule and from an analysis of the Comparable Services derive the Equivalent Services Data and (ii) using the Equivalent Services Data calculate the Average Price and/or mean average service levels: compare the Contract Charges attributable to the Benchmarked Services (having regard in particular to the Service Levels and Service Credits regime) with the Average Price using the Equivalent Services Data; compare the Service Levels attributable to the Benchmarked Services (having regard to the Contract Charges and Service Credits) with the mean average service levels using the Equivalent Services Data; and determine whether or not each Benchmarked Service is and/or the Benchmarked Services as a whole are, Good Value. In carrying out the benchmarking analysis the Benchmarker shall have regard to the following matters when performing a comparative assessment of the Benchmarked Services and the Comparable Services in order to derive Equivalent Services Data: the contractual and business environment under which the Goods and Services are being provided (including the scope, scale, complexity and geographical spread of the Goods and Services); any front-end investment and development costs of the Supplier; the Supplier’s risk profile including the financial, performance or liability risks associated with the provision of the Goods and Services as a whole; the extent of the Supplier's management and contract governance responsibilities; and any other factors reasonably identified by the Supplier, which, if not taken into consideration, could unfairly cause the Supplier's pricing to appear non-competitive (such as erroneous costing or over-aggressive pricing).

Frequency of Benchmark Review. The Customer CUSTOMER may, by written notice to the SupplierSERVICE PROVIDER, require a Benchmark Review of any or all of the Goods and ServicesOrdered Software Application Solutions. The Customer CUSTOMER shall not be entitled to carry out a Benchmark Review during the first twelve (12) Months months after the Commencement Effective Date nor at intervals of less than six (6) Months months after any previous Benchmark Review. The purpose of a Benchmark Review will be to establish whether a Benchmarked Goods and Service are is and/or the Benchmarked Services as a whole are, Good Value. The Goods and Services Ordered Software Application Solutions that are to be the Benchmarked Services will be identified by the Customer and CUSTOMER in the written request will be given to the Supplier under paragraph 6.1 of this Schedule. The Customer shall be entitled to publish the results of any benchmarking 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. The Customer CUSTOMER shall appoint the Benchmarker to carry out the Benchmark Review. The Customer CUSTOMER will, at the written request of the SupplierSERVICE PROVIDER, require the Benchmarker to enter into an appropriate confidentiality undertaking with the SupplierSERVICE PROVIDER. The costs and expenses of the Benchmarker and the Benchmark Review shall be shared equally between both Parties parties provided that each Party 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. The Customer CUSTOMER shall require the Benchmarker to produce, and to send to each Party 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 must 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 each party to underpin the delivery of the plan; a description of how the Benchmarker will scope and identify the Comparison Group; and details of any entities which the Benchmarker proposes to include within the Comparison Group. Each Party party must give notice in writing to the Benchmarker and to the other Party party within ten (10) Working Days after receiving the draft plan, advising whether it approves the draft plan, or, if it does not approve the draft plan, suggesting amendments to that plan. Neither Party party may unreasonably withhold or delay its approval of the draft plan, and any suggested amendments must be reasonable. Where a Party party suggests amendments to the draft plan under paragraph 6.10 3.9 of this Schedule, the Benchmarker must, if it believes the amendments are reasonable, produce an amended draft plan. Paragraph 6.10 3.9 of this Schedule shall apply to any amended draft plan. Failure by a Party party to give notice under paragraph 6.10 3.9 of this Schedule will be treated as approval of the draft plan by that Partyparty. Once the plan is approved by both Partiesparties, the Benchmarker will carry out the Benchmark Review in accordance with the plan. Each Party party shall procure that all the information described in the plan, together with any additional information reasonably required by the Benchmarker is provided to the Benchmarker without undue delay. If the SERVICE PROVIDER shall fail to provide any information requested from it by the Benchmarker and described in the plan such failure shall constitute a material Default for the purposes of Clause 9.10.2 of this Contract. Each Party party shall co-operate fully with the Benchmarker, including by providing access to records, technical documentation, premises, equipment, systems and personnel at times reasonably requested by the Benchmarker, provided that the Benchmarker shall be instructed to minimise any disruption to the Goods and ServicesOrdered Software Application Solutions. Either Party party may provide additional material to the Benchmarker to assist the Benchmarker in conducting the Benchmark Review. Once it has received the information it requires, the Benchmarker shall finalise a sample of entities constituting the Comparison Group and collect data relating to Comparable Services. The selection of the Comparison Group (both in terms of number and identity of entities) and Comparable Services shall be a matter for the Benchmarker's professional judgment using: information from other service providers to the CustomerCUSTOMER; survey information; market intelligence; the Benchmarker's own data and experience; relevant published information; information from consultancies and/or other vendors or purchasers of Comparable Services; and information from 'in-house' providers to the Customer CUSTOMER to the extent that Benchmarker considers that they are valid comparators. The Benchmarker shall then by (i) applying the adjustment factors listed in paragraph 6.16 3.15 of this Schedule and from an analysis of the Comparable Services derive the Equivalent Services Data and (ii) using the Equivalent Services Data calculate the [*** Average Price ***] [*** Upper Quartile ***] and/or mean average service levelsmedian Service Levels: compare the Contract Charges attributable to the Benchmarked Services (having regard in particular to the Service Levels and Service Credits regime) with the [*** Average Price ***] [*** Upper Quartile ***] using the Equivalent Services Data; compare the Service Levels attributable to the Benchmarked Services (having regard to the Contract Charges and Service Credits) with the [*** median ***] [*** mean average ***] service levels using the Equivalent Services Data; and determine whether or not each Benchmarked Service is and/or the Benchmarked Services as a whole are, Good Value. In carrying out the benchmarking analysis the Benchmarker shall have regard to the following matters when performing a comparative assessment of the Benchmarked Services and the Comparable Services in order to derive Equivalent Services Data: the contractual and business environment under which the Goods and Services Ordered Software Application Solutions are being provided (including the scope, scale, complexity and geographical spread of the Goods and ServicesOrdered Software Application Solutions); any front-end investment and development costs of the SupplierSERVICE PROVIDER; the Supplier’s SERVICE PROVIDER's risk profile including the financial, performance or liability risks associated with the provision of the Goods and Services Ordered Software Application Solutions as a whole; the extent of the SupplierSERVICE PROVIDER's management and contract governance responsibilities; and any other factors reasonably identified by the SupplierSERVICE PROVIDER, which, if not taken into consideration, could unfairly cause the SupplierSERVICE PROVIDER's pricing to appear non-competitive (such as erroneous costing or over-aggressive pricing).

Frequency of Benchmark Review. The Customer Authority may, by written notice to the Supplier, require a Benchmark Review of any or all of the Goods and Services. The Customer Authority shall not be entitled to carry out a Benchmark Review during the first twelve (12) Months months after the Commencement Date nor at intervals of less than six (6) Months after any previous Benchmark Review. The purpose of a Benchmark Review will shall be to establish whether a Benchmarked Goods and Service are is and/or the Benchmarked Services as a whole are, Good Value. The Goods and Services that are to be the Benchmarked Services will shall be identified by the Customer and written request will be given to the Supplier under paragraph 6.1 of this ScheduleAuthority. The Customer Authority shall be entitled to publish the results of any benchmarking and the Supplier shall use all reasonable endeavours and act in good faith to supply information required by the Benchmarker Authority in order to undertake the benchmarking. The Customer shall appoint the Benchmarker to carry out the Benchmark Review. 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 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. 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 each party to underpin the delivery of the plan; a description of how the Benchmarker will scope and identify the Comparison Group; and details of any entities which the Benchmarker proposes to include within the Comparison Group. Each Party must give notice in writing to the Benchmarker and to the other Party within ten (10) Working Days after receiving the draft plan, advising whether it approves the draft plan, or, if it does not approve the draft plan, suggesting amendments to that plan. Neither Party may unreasonably withhold or delay its approval of the draft plan, and any suggested amendments must be reasonable. Where a Party suggests amendments to the draft plan under paragraph 6.10 of this Schedule, the Benchmarker must, if it believes the amendments are reasonable, produce an amended draft plan. Paragraph 6.10 of this Schedule shall apply to any amended draft plan. Failure by a Party to give notice under paragraph 6.10 of this Schedule will be treated as approval of the draft plan by that Party. Once the plan is approved by both Parties, the Benchmarker will carry out the Benchmark Review in accordance with the plan. Each Party shall procure that all the information described in the plan, together with any additional information reasonably required by the Benchmarker is provided to the Benchmarker without undue delay. Each Party shall co-operate fully with the BenchmarkerAuthority, including by providing access to records, technical documentation, premises, equipment, systems systems, Supplier Staff and personnel any additional material at times reasonably requested by the Benchmarker, provided that the Benchmarker shall be instructed to minimise any disruption to the Goods and Services. Either Party may provide additional material to the Benchmarker to assist the Benchmarker in conducting the Benchmark ReviewAuthority. Once it has received the information it requires, the Benchmarker Authority shall finalise a sample of entities constituting the Comparison Group and collect data relating to Comparable Services. The selection of the Comparison Group (both in terms of number and identity of entities) and Comparable Services shall be a matter for the BenchmarkerAuthority's professional judgment using: information from other service providers to the CustomerAuthority and/or the Contracting Bodies; survey information; market intelligence; the BenchmarkerAuthority's and/or the Contracting Bodies’ own data and experience; relevant published information; information from consultancies and/or other vendors or purchasers of Comparable Services; and information from 'in-house' providers to the Customer Authority and/or the Contracting Bodies to the extent that Benchmarker Authority considers that they are valid comparators. The Benchmarker Authority shall then by (i) applying the adjustment factors listed in paragraph 6.16 of this Schedule and from an analysis of the Comparable Services derive the Equivalent Services Data and (ii) using the Equivalent Services Data calculate the Average Price and/or mean average service levelsPrice: compare the Contract Charges Framework Prices attributable to the Benchmarked Services (having regard in particular to the Service Levels and Service Credits regime) with the Average Price using the Equivalent Services Data; compare the Service Levels attributable to the Benchmarked Services (having regard to the Contract Charges and Service Credits) with the mean average service levels using the Equivalent Services Data; and determine whether or not each Benchmarked Service is and/or the Benchmarked Services as a whole are, Good Value. In carrying out the benchmarking analysis the Benchmarker Authority shall have regard to the following matters when performing a comparative assessment of the Benchmarked Services and the Comparable Services in order to derive Equivalent Services Data: the contractual and business environment under which the Goods and Services are being provided (including the scope, scale, complexity and geographical spread of the Goods and Services); any front-end investment and development costs of the Supplier; the Supplier’s risk profile including the financial, performance or liability risks associated with the provision of the Goods and Services as a whole; the extent of the Supplier's management and contract governance responsibilities; and any other factors reasonably identified by the Supplier, which, if not taken into consideration, could unfairly cause the Supplier's pricing to appear non-competitive (such as erroneous costing or over-aggressive pricing).

Frequency of Benchmark Review. The Customer may, by written notice to the Supplier, require a Benchmark Review of any or all of the Goods and 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. The purpose of a Benchmark Review will be to establish whether a Benchmarked Goods and Service are and/or the Benchmarked Services as a whole are, Good Value. The Goods and 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 6.1 5.1 of this Schedule. The Customer shall be entitled to publish the results of any benchmarking 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. The 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 shall appoint may refer the Benchmarker to carry out matter for resolution by the Benchmark ReviewDispute 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. 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 each party to underpin the delivery of the plan; a description of how the Benchmarker will scope and identify the Comparison Group; and details of any entities which the Benchmarker proposes to include within the Comparison Group. Each Party must give notice in writing to the Benchmarker and to the other Party within ten (10) Working Days after receiving the draft plan, advising whether it approves the draft plan, or, if it does not approve the draft plan, suggesting amendments to that plan. Neither Party may unreasonably withhold or delay its approval of the draft plan, and any suggested amendments must be reasonable. Where a Party suggests amendments to the draft plan under paragraph 6.10 5.10 of this Schedule, the Benchmarker must, if it believes the amendments are reasonable, produce an amended draft plan. Paragraph 6.10 5.10 of this Schedule shall apply to any amended draft plan. Failure by a Party to give notice under paragraph 6.10 5.10 of this Schedule will be treated as approval of the draft plan by that Party. Once the plan is approved by both Parties, the Benchmarker will carry out the Benchmark Review in accordance with the plan. Each Party shall procure that all the information described in the plan, together with any additional information reasonably required by the Benchmarker is provided to the Benchmarker without undue delay. Each Party shall co-operate fully with the Benchmarker, including by providing access to records, technical documentation, premises, equipment, systems and personnel at times reasonably requested by the Benchmarker, provided that the Benchmarker shall be instructed to minimise any disruption to the Goods and Services. Either Party may provide additional material to the Benchmarker to assist the Benchmarker in conducting the Benchmark Review. Once it has received the information it requires, the Benchmarker shall finalise a sample of entities constituting the Comparison Group and collect data relating to Comparable Services. The selection of the Comparison Group (both in terms of number and identity of entities) and Comparable Services shall be a matter for the Benchmarker's professional judgment using: information from other service providers to the Customer; survey information; market intelligence; the Benchmarker's own data and experience; relevant published information; information from consultancies and/or other vendors or purchasers of Comparable Services; and information from 'in-house' providers to the Customer to the extent that Benchmarker considers that they are valid comparators. The Benchmarker shall then by (i) applying the adjustment factors listed in paragraph 6.16 5.16 of this Schedule and from an analysis of the Comparable Services derive the Equivalent Services Data and (ii) using the Equivalent Services Data calculate the Average Price Upper Quartile and/or mean average service levels: compare the Contract Charges attributable to the Benchmarked Services (having regard in particular to the Service Levels and Service Credits regime) with the Average Price Upper Quartile using the Equivalent Services Data; compare the Service Levels attributable to the Benchmarked Services (having regard to the Contract Charges and Service Credits) with the mean average service levels using the Equivalent Services Data; and determine whether or not each Benchmarked Service is and/or the Benchmarked Services as a whole are, Good Value. In carrying out the benchmarking analysis the Benchmarker shall have regard to the following matters when performing a comparative assessment of the Benchmarked Services and the Comparable Services in order to derive Equivalent Services Data: the contractual and business environment under which the Goods and Services are being provided (including the scope, scale, complexity and geographical spread of the Goods and Services); any front-end investment and development costs of the Supplier; the Supplier’s risk profile including the financial, performance or liability risks associated with the provision of the Goods and Services as a whole; the extent of the Supplier's management and contract governance responsibilities; and any other factors reasonably identified by the Supplier, which, if not taken into consideration, could unfairly cause the Supplier's pricing to appear non-competitive (such as erroneous costing or over-aggressive pricing).

Frequency of Benchmark Review. The Customer CUSTOMER may, by written notice to the SupplierSERVICE PROVIDER, require a Benchmark Review of any or all of the Goods and ServicesOrdered Software Application Solutions. The Customer CUSTOMER shall not be entitled to carry out a Benchmark Review during the first twelve (12) Months months after the Commencement Effective Date nor at intervals of less than six (6) Months months after any previous Benchmark Review. The purpose of a Benchmark Review will be to establish whether a Benchmarked Goods and Service are is and/or the Benchmarked Services as a whole are, Good Value. The Goods and Services Ordered Software Application Solutions that are to be the Benchmarked Services will be identified by the Customer and CUSTOMER in the written request will be given to the Supplier under paragraph 6.1 7.1 of this Schedule. The Customer shall be entitled to publish the results of any benchmarking 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. The Customer CUSTOMER shall appoint the Benchmarker to carry out the Benchmark Review. The Customer CUSTOMER will, at the written request of the SupplierSERVICE PROVIDER, require the Benchmarker to enter into an appropriate confidentiality undertaking with the SupplierSERVICE PROVIDER. The costs and expenses of the Benchmarker and the Benchmark Review shall be shared equally between both Parties parties provided that each Party party shall bear its own internal costs of the Benchmark Review. NOT USED The costs of the Benchmark Review Expert shall be borne appointed by agreement in writing between the Supplier if parties, but in the Benchmark Review finds that the Benchmarked Services are not Good Value. The Customer shall require the Benchmarker event of a failure to produce, and to send to each Party for approval, a draft plan for the Benchmark Review agree within ten (10) Working Days after Days, or if the date person appointed is unable or unwilling to act, the Expert shall be appointed on the instructions of the appointment president of the Benchmarker, or such longer period as the Benchmarker shall reasonably request in all the circumstancesLaw Society. The plan should include, without limitationExpert shall act on the following basis: he/she shall act as an expert and not as an arbitrator and shall act fairly and impartially; the Expert's determination shall (in the absence of a proposed timetable for material failure to follow the Benchmark Reviewagreed procedures) be final and binding on the parties; a description of the information that Expert shall decide the Benchmarker requires each party to provide; a description of the benchmarking methodology procedure to be used; a description that demonstrates objectively followed in the determination and transparently that the benchmarking methodology shall be requested to be used is capable of fulfilling the benchmarking objectives; an estimate of the resources required from each party to underpin the delivery of the plan; a description of how the Benchmarker will scope and identify the Comparison Group; and details of any entities which the Benchmarker proposes to include make his/her determination within the Comparison Group. Each Party must give notice in writing to the Benchmarker and to the other Party within ten thirty (1030) Working Days after receiving of his appointment or as soon as reasonably practicable thereafter and the draft plan, advising whether it approves parties shall assist and provide the draft plan, or, if it does not approve documentation that the draft plan, suggesting amendments to that plan. Neither Party may unreasonably withhold or delay its approval Expert requires for the purpose of the draft plan, determination; any amount payable by one party to another as a result of the Expert's determination shall be due and any suggested amendments must be reasonable. Where a Party suggests amendments payable within twenty (20) Working Days of the Expert's determination being notified to the draft plan under paragraph 6.10 parties; the process shall be conducted in private and shall be confidential; and the Expert shall determine how and by whom the costs of this Schedulethe determination, including his/her fess and expenses, are to be paid.] SCHEDULE 2-4 INVOICING PROCEDURE This Schedule sets out the Benchmarker must, if it believes the amendments are reasonable, produce an amended draft plan. Paragraph 6.10 of this Schedule Invoicing Procedure that shall apply to any amended draft plan. Failure by a Party to give notice under paragraph 6.10 of this Schedule will be treated as approval of the draft plan by that Party. Once the plan is approved by both Parties, the Benchmarker will carry out the Benchmark Review in accordance with the plan. Each Party shall procure that all the information described in the plan, together with any additional information reasonably required by the Benchmarker is provided to the Benchmarker without undue delay. Each Party shall co-operate fully with the Benchmarker, including by providing access to records, technical documentation, premises, equipment, systems and personnel at times reasonably requested by the Benchmarker, provided that the Benchmarker shall be instructed to minimise any disruption to the Goods and Services. Either Party may provide additional material to the Benchmarker to assist the Benchmarker in conducting the Benchmark Review. Once it has received the information it requires, the Benchmarker shall finalise a sample of entities constituting the Comparison Group and collect data relating to Comparable Services. The selection of the Comparison Group (both in terms of number and identity of entities) and Comparable Services shall be a matter for the Benchmarker's professional judgment using: information from other service providers to the Customer; survey information; market intelligence; the Benchmarker's own data and experience; relevant published information; information from consultancies and/or other vendors or purchasers of Comparable Services; and information from 'in-house' providers to the Customer to the extent that Benchmarker considers that they are valid comparators. The Benchmarker shall then by (i) applying the adjustment factors listed in paragraph 6.16 of this Schedule and from an analysis of the Comparable Services derive the Equivalent Services Data and (ii) using the Equivalent Services Data calculate the Average Price and/or mean average service levels: compare the Contract Charges attributable to the Benchmarked Services (having regard in particular to the Service Levels and Service Credits regime) with the Average Price using the Equivalent Services Data; compare the Service Levels attributable to the Benchmarked Services (having regard to the Contract Charges and Service Credits) with the mean average service levels using the Equivalent Services Data; and determine whether or not each Benchmarked Service is and/or the Benchmarked Services as a whole are, Good Value. In carrying out the benchmarking analysis the Benchmarker shall have regard to the following matters when performing a comparative assessment of the Benchmarked Services and the Comparable Services in order to derive Equivalent Services Data: the contractual and business environment under which the Goods and Services are being provided (including the scope, scale, complexity and geographical spread of the Goods and Services); any front-end investment and development costs of the Supplier; the Supplier’s risk profile including the financial, performance or liability risks associated with the provision of the Goods and Services as a whole; the extent of the Supplier's management and contract governance responsibilities; and any other factors reasonably identified by the Supplier, which, if not taken into consideration, could unfairly cause the Supplier's pricing to appear non-competitive (such as erroneous costing or over-aggressive pricing)Contract.