Common use of Performance Measurement Standards Clause in Contracts

Performance Measurement Standards. (a) Contractor shall comply with the performance measurement standards set forth in Attachment 14 (“Performance Measurement Standards”). The Exchange shall conduct, or arrange for the conduct of, a review of Contractor’s performance under the Performance Measures. The Exchange shall be responsible for the actual and reasonable costs of the review, including, the costs of any third-party designated by the Exchange to perform such review. The review shall be in addition to any ongoing monitoring that may be performed by the Exchange with respect to the Performance Measures. (b) The Exchange and Contractor shall agree to performance standards for the Exchange, which, if not satisfied, will provide credits to Contractor which can be applied to any penalties accrued to Contractor. Such credits may reduce up to 25% of Contractor’s performance penalties that may be assessed under Section 6.02 below.

Performance Measurement Standards. (a) Contractor shall comply with the performance measurement standards set forth in Attachment 14 (“Performance Measurement Standards”). The Exchange shall conduct, or arrange for the conduct of, a review of Contractor’s performance under the Performance Measures. The Exchange shall be responsible for the actual and reasonable costs of the review, including, the costs of any third-party third -party designated by the Exchange to perform such review. The review shall be in addition to any ongoing monitoring that may be performed by the Exchange with respect to the Performance Measures. (b) The Exchange and Contractor shall agree to performance standards for the Exchange, which, if not satisfied, will provide credits to Contractor which can be applied to any penalties accrued to Contractor. Such credits may reduce up to 25% of Contractor’s performance penalties that may be assessed under Section 6.02 below.