Market Testing. At any time before or after the End Date, HBDHB may test the market for the Services or similar services in any way it sees fit. The Supplier acknowledges that HBDHB has obligations under the Ministry of Business Innovation and Employment's Government Rules of Sourcing ("Rules"). This may include a requirement to regularly test the market. HBDHB will assess and determine, at its sole discretion, its obligations under the Rules, and whether to openly advertise for the Services or similar services. An indication of a date by when the market may be tested is provided in item 19 of Schedule 1 (if such a date is known at the time this Agreement is signed). HBDHB may, at its sole discretion, test the market before or after this date or choose not to test the market.
Market Testing. E-Pub shall make reasonable efforts to conduct such pre-launch market testing as the parties may reasonably deem appropriate for each of the Licensed Internet Games.
Market Testing termination of the relevant subcontract as a result of the sub-contractor being in default thereunder; or
Market Testing. Sprint shall be entitled to market test Company -------------- prices for Services set forth in Exhibit A hereto on a quarterly basis during the term of this Agreement and, in addition, at any time that such prices are adjusted by Company in accordance with Section 3.2. The determination of Company price competitiveness is to be based upon the overall charges to Sprint by Company for Services being provided as described in Exhibit A. Such market testing is intended to confirm whether Company prices are competitive with the lowest end of the market consisting of quality, full turnkey E-mail Service providers with comparable volume, features, functionality and support. If prices are not competitive as reasonably shown by such market test and as agreed by Company, and Company has not remedied in thirty (30) days, Sprint may terminate this Agreement pursuant to Section 7.
Market Testing. Each New Project referred to in clause 8.2(a)(iii) and/or in clause 8.2(c) shall need to be Market Tested with such New Project being referred to as a Market Tested Project. All Market Testing shall be carried out in accordance with part 1 of Schedule 4 (Market Testing Procedure) and shall be conducted openly, fairly and with full transparency and in a manner such that the Local Authority is able to check compliance with the requirements in this clause 8.4. Once a Representative New Project has been Market Tested in accordance with this clause 8 and Schedule 4 (Market Testing Procedure) then it shall not thereafter be mandatory for the LEP to Market Test a Supply Chain Member in relation to any subsequent New Project of the Same Type where the Supply Chain Member was appointed in relation to the relevant Market Tested Project. Instead, it shall be sufficient, in relation to that Supply Chain Member, for the LEP to follow the benchmarking provisions in clause 8.3 in relation to that Supply Chain Member in the context of the relevant New Project. If this Agreement is extended beyond the Initial Expiry Date until the Extended Expiry Date then the provisions of clauses 8.4 (a) to (c) above shall apply mutatis mutandis to New Projects which receive Stage 1 Approval after the Initial Expiry Date. The costs of the LEP in carrying out all Market Testing in accordance with Schedule 4 (Market Testing Procedure) will be met by the LEP and will be recoverable as a submission cost through the Project Management Fee chargeable in relation to that project under the terms of clause 9. Throughout the course of this Agreement and of each New Project carried out under this Agreement, the LEP shall monitor and record in writing its predicted Capital Cost and Whole Life Cost for each New Project (for the LEP and/or the relevant Project Company, as the case may be) and any increases or reductions in such estimated cost from time to time together with the reasons for all such increases or reductions. The LEP shall also record the Capital Cost and Whole Life Cost of each New Project actually incurred by the LEP and/or relevant Project Company (as the case may be) and, to the extent that the information becomes available over time, the actual cost of maintaining and repairing each New Project throughout the period that the LEP and/or the relevant Project Company (as the case may be) is obliged to maintain and repair such project. The LEP will benchmark the final costs of each New ...
Market Testing. Uproar shall make reasonable efforts to conduct such pre-launch market testing as the parties may reasonably deem appropriate for each of the Licensed Internet Games.
Market Testing. The Market Testing of each Market Tested Element shall, notwithstanding any other provision of this Schedule Part 7 (New Project Pricing Report) (including, without limitation, the participation of the Relevant Participant(s) described in paragraph 5.2), be the responsibility of hubco (as between hubco and the Relevant Participant). The requirements of this paragraph 5.2 shall apply in respect of every Market Test to be carried out pursuant to the provisions of this Schedule Part 6 (New Project Pricing Report).
Market Testing. All works and services currently performed by the existing workforce will be market tested against providers of like works and services, operating under similar wages, conditions and environment. Such providers may include but not be limited to the private sector. This process will identify the market tested prices, timeliness and service quality required to effectively deliver the work / service and meet the specification of works / services. The criteria to be used when market testing will be provided to the JCC prior to the testing. The criteria to be used will be balanced and take into account factors and performance indicators as detailed in Section (c) 'Performance Evaluation'. The market testing process will involve consultation with the employees concerned and the relevant Managers / coordinators. The JCC will identify what support is required and ensure that assistance is provided. The market-tested results will be forwarded to the CEO for consideration. A copy of the market test results will be forwarded to the JCC for information.
Market Testing. (a) As part of the Market Testing Procedure, the Contractor must seek offers in the market in regard to the Relevant Service.
(b) The said Relevant Service may be taken either on its own or in combination with other Relevant Services that are subjected to the Market Testing Procedure.
(c) The Contractor shall execute each Market Testing Procedure under normal market conditions. The Contractor must seek offers from at least three interested parties and should receive at least three realistic offers. The Contractor may seek an offer from the existing Subcontractors involved in performing the said Relevant Service.
(d) The Contractor shall be obliged to submit the names of the parties from whom an offer is being sought to the Contracting Authority for its approval where such approval is required under the provisions of Article 16.2 (New Subcontractors).
(e) The Contractor shall invite the offers on the basis of the original conditions pertaining to the subcontracting agreement or conditions that are reasonably similar thereto.
(f) Only where an offer is unacceptably low may the Contractor refuse same, giving reasons. In this instance, the Contractor must seek a substitute offer.
(g) The lowest offer must be compared with the Corrected Original Costs for the said Relevant Service.
(h) The Contracting Authority shall be entitled for the purposes of the Market Testing Procedure to fully inspect the costs of the Contractor and its Subcontractors in relation to the said Relevant Service(s) and relevant additional costs.
(i) The Contractor shall furnish the Contracting Authority forthwith and on first request with a copy of all relevant documents pertaining to the Market Testing Procedure.
(j) The Contracting Authority shall be entitled to verify all information furnished to it by the Contractor in connection with the Market Testing Procedure. The Contractor shall also require the same from third parties involved in the Market Testing Procedure. Once verification has been completed, the Contracting Authority must inform the Contractor of the results thereof within 10 Business Days.
(k) Once commenced, the Contractor shall ensure that the Market Testing Procedure has been completed within 3 months.
(l) If the Market Testing Procedure shows that the costs associated with the lowest offer are lower than 95% of the Corrected Original Costs for the said Relevant Service, the Contractor shall be obliged to replace or have the existing Subcontractor providing the Relevant...
Market Testing. 3.1 In this guidance, “market testing” means the re-tendering on the market by PPP Co. of the relevant Sub-contractor’s soft services to test the value for money of that service. Any increase or decrease in the cost of such services as a result of market testing requirements in the Project Agreement which result in the replacement of a Sub-contractor should be reflected by an adjustment in the price charged to the Authority.
3.2 This should generally only be undertaken where the parties have failed to agree on the results of a benchmarking exercise and there is a real prospect of competition. Market testing is likely to be more disruptive to PPP Co. (and, therefore, possibly the Authority) than benchmarking as it may require replacement of a sub-contractor. 20 The taxation and rating of PPP Projects has been the subject of separate Guidance which should be consulted in respect of each Project. The following drafting must be looked at on a project specific basis. 21 [Not Used] 22 To give the PPP Co. the chance to sort out the problem, if it wishes. 23 The VAT status of the supplies made under the Agreement will depend on the nature and structure of each project. It is assumed for the purposes of this draft that all of the supplies under this Project Agreement and the Project Documents will be VATable (i.e. will not be exempt) and that all VAT incurred by PPP Co. will be recoverable. As any VAT charged (whether payable by the Authority to PPP Co., and remitted by PPP Co. to the Revenue, or irrecoverable VAT payable by PPP Co.) is ultimately paid to the Government, whatever the VAT treatment of supplies under the Project Agreement, there is no overall cost to the Government. If risk in such irrecoverable VAT is left with PPP Co., then this will be priced into the Unitary Charge. Accordingly, it may prove value for money if this “risk” is passed to the Authority (as it is not a risk from a Government perspective) irrespective of whether it arises as a result of a Change in VAT or as a result of a pre-existing Law/practice. An alternative approach is to restrict the compensation to a Change in VAT Law concept, but this leaves residual risk in PPP Co. and may result in an increased Unitary Charge even if such risk does not arise. It depends on the nature of the supplies. If it has a minimal impact on the bid it will probably be taken care of in benchmarking in any event. However, if it has a significant impact on the bid, consideration should be given to retaini...
