Result of Benchmarking. If the Benchmarker finds that the aggregate Charges that are the subject of the Benchmarking are more than ten percent (10%) higher than the average of the comparable transactions set forth above, then Successful Respondent shall reimburse DIR for its costs associated with such Benchmarking and the Parties will work together in good faith to eliminate any such unfavorable variance either through reduced Charges equivalent to the variance or through other means that demonstrate value to the State. The Successful Respondent will eliminate the unfavorable variance within 180 days, provided, however, if the Successful Respondent does not decrease the Charges or otherwise demonstrate an equivalent value to the State as described above within such 180 days, DIR may, at its option, terminate this Agreement in whole or in relevant part (determined in DIR’s judgement provided further, however, that any termination exercised by DIR hereunder will not be subject to or otherwise require payment of any Termination Charges). Termination by DIR under this Section shall not be deemed a termination for cause under Section 13.1
Appears in 4 contracts
Samples: Mainframe Services Master Services Agreement, Master Services Agreement, Master Services Agreement
