Common use of Sharing of Data Clause in Contracts

Sharing of Data. Data provided by MSD MSD is to provide a written data report to the Provider’s Representative (through the Relationship Management Group) every six months during the Term, identifying each of the following in relation to the 6 month period prior to the relevant written data report (in each case, in comparison to a sector average and/or relevant individual Housing and Housing Services providers on an anonymised basis): • the Provider’s portfolio priority score, based on the percentage of Tenants in each priority and sub-priority) category in the MSD Housing Client System; • the percentage of the Provider’s Properties utilised on a plus or minus 1 bedroom basis; and • the percentage of Tenants who were identified by the Provider (rather than MSD) and subsequently let a Property under this Agreement. Following receipt of the Data referred to below from the Provider, MSD will also provide to the Provider a comparison of each item of such Data against the sector average and/or individual relevant Housing and Housing Services providers on an anonymised basis. Data provided by Provider The Provider is to provide a written data report to MSD’s Representative (through the Relationship Management Group) every six months during the Term, identifying each of the following in relation to the 6 month period prior to the written data report: • the Tenancy occupancy rate for all the Properties, measured as the average Tenancy occupancy rate versus the average Tenancy vacancy rate for the Provider’s portfolio of Properties; • the Tenancy churn rate for all of the Properties; • the number of Tenancies which terminated for each Reason for Exit (including sub-categories of each Reason for Exit, where applicable); • the average number of days between one Tenancy ending and the next Tenancy beginning in respect of all of the Properties; • the percentage of rent arrears over 21 days in respect of all of the Properties; and • the average time to respond to urgent Property-related and T E M P L A T E Key Term Description Tenant-related queries across all of the Properties. The Provider is to provide a written data report to MSD’s Representative (through the Relationship Management Group) every 12 months during the Term, identifying Tenant satisfaction rates for the Properties in relation to the prior 12 month period, measured as: • Tenant satisfaction rates with the Tenant’s contact point; • overall Tenant satisfaction; and • Tenant satisfaction in relation to repairs and maintenance. Data outcomes following specified periods Within 20 Business Days of MSD’s Representative having received the second 6 month written Data report as set out above, the Relationship Management Group is to meet to review and discuss such Data. If the Relationship Management Group considers that such Data provided by the Provider above is not satisfactory in the context of the Services and the principles set out in clause 3.2 of the Relationship Agreement, the parties will seek to agree changes to this Agreement to improve the Provider’s performance of the Services. The parties will enter into a variation agreement in the form attached as Schedule 8 to give effect to such agreed changes. If MSD considers, having received the fourth 6 month written Data report as set out above, that such Data provided by the Provider is not satisfactory in the context of the Services and the principles set out in clause 3.2 of the Relationship Agreement, MSD may, following discussion with the Provider and acting reasonably, and having regard to the principles set out in clause 3.2 of the Relationship Agreement and that the Services need to meet the needs of Housing Clients, impose a performance regime on the Provider based on the Data by notice in writing to the Provider. The Provider is to comply with the requirements of such performance regime. Data outcomes - ongoing If, at any time during the Term, MSD (acting reasonably) considers that the Data provided by the Provider above is not satisfactory in the context of the Services and the principles set out in clause 3.2 of the Relationship Agreement, then the Relationship Management Group will meet as frequently as reasonably required and work together co-operatively to seek to improve such Data. If, after a period of three months or longer following the Relationship Management Group’s first such meeting, MSD (acting reasonably) considers that the Data has not been improved to a satisfactory level having regard to other relevant Housing and Housing Services providers, then MSD may undertake increased monitoring of the Provider in accordance with clause 10.2 of the Relationship Agreement. If, after a period of three months or longer following increased monitoring by MSD, MSD (acting reasonably) considers that the Data has not been improved to a satisfactory level, then MSD may, acting reasonably, and having regard to the principles set out in clause 3.2 of the Relationship Agreement and that the Services need to meet the needs of Housing Clients, impose a performance regime on the Provider based on the Data by notice in writing to the Provider. The Provider is to comply with the T E M P L A T E Key Term Description requirements of such performance regime. Insurance and Step-in Rights Insurances required The Provider is to hold and maintain the insurance policies at (or greater than) the specified levels of cover required and approved by the Regulatory Authority. MSD Step-in Rights MSD has Step-in Rights as set out in Schedule 3. Variations to Schedules

Sharing of Data. Data provided by MSD MSD is to provide a written data report to the Provider’s Representative (through the Relationship Management Group) every six months during the TermCapacity Phase, identifying each of the following in relation to the 6 month period prior to the relevant written data report (in each case, in comparison to a sector average and/or relevant individual Housing and Housing Services providers on an anonymised basis): • the Provider’s portfolio priority score, based on the percentage of Tenants in each priority and sub-priority) category in the MSD Housing Client System; • the percentage of the Provider’s Properties utilised on a plus or minus 1 bedroom basis; and • the percentage of Tenants who were identified by the Provider (rather than MSD) and subsequently let a Property under this Agreement. Following receipt of the Data referred to below from the Provider, MSD will also provide to the Provider a comparison of each item of such Data against the sector average and/or individual relevant Housing and Housing Services providers on an anonymised basis. Data provided by Provider The Provider is to provide a written data report to MSD’s Representative (through the Relationship Management Group) every six months during the TermCapacity Phase, identifying each of the following in relation to the 6 month period prior to the written data report: • the Tenancy occupancy rate for all the Properties, measured as the average Tenancy occupancy rate versus the average Tenancy vacancy rate for the Provider’s portfolio of Properties; • the Tenancy churn rate for all of the Properties; • the number of Tenancies which terminated for each Reason for Exit (including sub-categories of each Reason for Exit, where applicable); • the average number of days between one Tenancy ending and the next Tenancy beginning in respect of all of the Properties; • the percentage of rent arrears over 21 days in respect of all of the Properties; and • the average time to respond to urgent Property-related and T E M P L A T E Key Term Description Tenant-related queries across all of the Properties. The Provider is to provide a written data report to MSD’s Representative (through the Relationship Management Group) every 12 months during the TermCapacity Phase, identifying Tenant satisfaction rates for the Properties in relation to the prior 12 month period, measured as: • Tenant satisfaction rates with the Tenant’s contact point; • overall Tenant satisfaction; and • Tenant satisfaction in relation to repairs and maintenance. Data outcomes following specified periods Within 20 Business Days of MSD’s Representative having received the second 6 month written Data report as set out above, the Relationship Management Group is to meet to review and discuss such Data. If the Relationship Management Group considers that such Data provided by the Provider above is not satisfactory in the context of the Services and the principles set out in clause 3.2 of the Relationship Agreement, the parties will seek to agree changes to this Agreement to improve the Provider’s performance of the Services. The parties will enter into a variation agreement in the form attached as Schedule 8 to give effect to such agreed changes. If MSD considers, having received the fourth 6 month written Data report as set out above, that such Data provided by the Provider is not satisfactory in the context of the Services and the principles set out in clause 3.2 of the Relationship Agreement, MSD may, following discussion with the Provider and acting reasonably, and having regard to the principles set out in clause 3.2 of the Relationship Agreement and that the Services need to meet the needs of Housing Clients, impose a performance regime on the Provider based on the Data by notice in writing to the Provider. The Provider is to comply with the requirements of such performance regime. Data outcomes - ongoing If, at any time during the TermCapacity Phase, MSD (acting reasonably) considers that the Data provided by the Provider above is not satisfactory in the context of the Services and the principles set out in clause 3.2 of the Relationship Agreement, then the Relationship Management Group will meet as frequently as reasonably required and work together co-operatively to seek to improve such Data. If, after a period of three months or longer following the Relationship Management Group’s first such meeting, MSD (acting reasonably) considers that the Data has not been improved to a satisfactory level having regard to other relevant Housing and Housing Services providers, then MSD may undertake increased monitoring of the Provider in accordance with clause 10.2 of the Relationship Agreement. If, after a period of three months or longer following increased monitoring by MSD, MSD (acting reasonably) considers that the Data has not been improved to a satisfactory level, then MSD may, acting reasonably, and having regard to the principles set out in clause 3.2 of the Relationship Agreement and that the Services need to meet the needs of Housing Clients, impose a performance regime on the Provider based on the Data by notice in writing to the Provider. The Provider is to comply with the T E M P L A T E Key Term Description requirements of such performance regime. Insurance and Step-in Rights Insurances required The Provider is to hold and maintain the insurance policies at (or greater than) the specified levels of cover required and approved by the Regulatory Authority. MSD Step-in Rights MSD has Step-in Rights as set out in Schedule 3. Variations to Schedules.

Sharing of Data. Data provided by MSD MSD HUD HUD is to provide a written data report to the Provider’s Representative (through the Relationship Management Group) every six months during the Term, identifying each of the following in relation to the 6 six month period prior to the relevant written data report (in each case, in comparison to a sector average and/or relevant individual Housing housing and Housing Services housing services providers on an anonymised basis): • the Provider’s portfolio priority score, based on the percentage of Tenants in each priority and sub-priority) priority category in the MSD Housing Client System; • the percentage of the Provider’s Properties utilised on a plus or minus 1 bedroom basis; and • the percentage of Tenants who were identified by the Provider (rather than HUD or MSD) and subsequently let a Property under this Agreement. Following receipt of the Data referred to below from the Provider, MSD HUD will also provide to the Provider a comparison of each item of such Data against the sector average and/or individual relevant Housing housing and Housing Services housing services providers on an anonymised basis. Data provided by Provider The Provider is to provide a written data report to MSDHUD’s Representative (through the Relationship Management Group) every six months during the Term, identifying each of the following in relation to the 6 six month period prior to the written data report: • the Tenancy occupancy rate for all the Properties, measured as the average Tenancy occupancy rate versus the average Tenancy vacancy rate for the Provider’s portfolio of Propertiesproperties; • the Tenancy churn rate for all of the Properties; • the number of Tenancies which terminated for each Reason for Exit (including sub-categories of each Reason for Exit, where applicable); • the average number of days between one Tenancy ending and the next Tenancy beginning in respect of all of the Properties; • the percentage of rent arrears over 21 days in respect of all of the Properties; and Key Term Description • the average time to respond to urgent Property-related and T E M P L A T E Key Term Description Tenant-related queries across all of the Properties. The Provider is to provide a written data report to MSDHUD’s Representative (through the Relationship Management Group) every 12 months during the Term, identifying Tenant satisfaction rates for the Properties in relation to the prior 12 month period, measured as: • Tenant satisfaction rates with the Tenant’s contact point; • overall Tenant satisfaction; and • Tenant satisfaction in relation to repairs and maintenance. The Parties acknowledge and agree that although the written Data reports in this Agreement and the monitoring of the Services as contained in clause 10 of the Relationship Agreement may include or relate to the same or similar information, the actual monitoring of the Services as contained in clause 10 and the Data sharing and reporting required are distinct contractual requirements. Data outcomes following specified periods Within 20 Business Days of MSD’s Representative having received the second 6 month written Data report as set out above, the – review The Relationship Management Group is to meet to review and discuss such Data. If : • within 20 Business Days of HUD’s Representative having received the second six (6) month written Data report as set out above; and • as otherwise agreed by the Relationship Management Group in respect of any other written Data reports. Data evidences Non- satisfactory Performance by the Provider – agreed improvement actions If HUD considers that such Data provided by the Provider above is not in any six (6) month written Data report during the Term evidences Non-satisfactory Performance by the Provider, the Parties shall meet to agree a set of actions (and the timeframes in which those actions are to be implemented) which aim to improve the context performance of the Services and the principles set out in clause 3.2 of the Relationship Agreement, the parties will seek to agree changes to this Agreement to improve by the Provider’s performance of the Services. The parties Parties will enter into a variation agreement in the form attached as Schedule 8 to give effect to such agreed changesactions (if required). If MSD considers, having received the fourth 6 month written Data report as set out above, that such Data provided evidences continued Non- satisfactory Performance by the Provider is not satisfactory in the context of the Services and the principles set out in clause 3.2 of the Relationship Agreement, MSD may, following discussion with the Provider and acting reasonably, and having regard to the principles set out in clause 3.2 of the Relationship Agreement and that the Services need to meet the needs of Housing Clients, impose a performance regime on the Provider based on the Data by notice in writing to the Provider. The Provider is to comply with the requirements of such performance regime. Data outcomes - ongoing deductions If, at any time during after the Termlater of the: • third six (6) month written Data report; and • first written Data report after the agreed actions have been or should have been fully implemented, MSD HUD reasonably considers that notwithstanding the actions agreed by the Parties, the Data still evidences Non-satisfactory Performance by the Provider, then HUD may give notice to the Provider stating that HUD will deduct a specified amount of the IRRS associated with the Properties (up to a maximum of ten (10) per cent of the IRRS associated with the Properties) on and from the next Payment Period until such time as the Provider has demonstrated to HUD (acting reasonably) considers that the Data provided no longer evidences Non-satisfactory Performance by the Provider above is not satisfactory Provider. Any Allowable Deduction HUD makes pursuant to this Key Term will be reasonable and proportionate in the context of the Services and the principles set out in clause 3.2 of the Relationship Agreement, then the Relationship Management Group will meet as frequently as reasonably required and work together co-operatively to seek to improve such Data. If, after a period of three months or longer following the Relationship Management Group’s first such meeting, MSD circumstances (acting reasonably) considers that the Data has not been improved to a satisfactory level having regard to other relevant Housing and Housing Services providers, then MSD may undertake increased monitoring of the Provider in accordance with clause 10.2 of the Relationship Agreement. If, after a period of three months or longer following increased monitoring by MSD, MSD (acting reasonably) considers that the Data has not been improved to a satisfactory level, then MSD may, acting reasonably, and including having regard to the principles set out in seriousness and or pervasiveness of the Non-satisfactory Performance by the Provider as evidenced by the Data). To avoid doubt, HUD is not entitled to deduct under this Key Key Term Description Term and clause 3.2 13.6 of the Relationship Agreement and that in respect of the Services need to meet the needs of Housing Clients, impose a performance regime on the Provider based on the Data by notice in writing to the Providersame issue. The Provider is to comply with the T E M P L A T E Key Term Description requirements of such performance regime. Part F: Insurance and Step-in Rights Insurances required The Provider is to hold and maintain the insurance policies at (or greater than) the specified levels of cover required and approved by the Regulatory Authority. MSD HUD Step-in Rights MSD HUD has Step-in Rights as set out in Schedule 3. Variations to Schedules.

Sharing of Data. Data provided by MSD MSD HUD HUD is to provide a written data report to the Provider’s Representative (through the Relationship Management Group) every six months during the TermCapacity Phase, identifying each of the following in relation to the 6 six month period prior to the relevant written data report (in each case, in comparison to a sector average and/or relevant individual Housing housing and Housing Services housing services providers on an anonymised basis): • the Provider’s portfolio priority score, based on the [IN-CONFIDENCE:RELEASE EXTERNAL] Key Term Description percentage of Tenants in each priority and sub-priority) priority category in the MSD Housing Client System; • the percentage of the Provider’s Properties utilised on a plus or minus 1 bedroom basis; and • the percentage of Tenants who were identified by the Provider (rather than HUD or MSD) and subsequently let a Property under this Agreement. Following receipt of the Data referred to below from the Provider, MSD HUD will also provide to the Provider a comparison of each item of such Data against the sector average and/or individual relevant Housing housing and Housing Services housing services providers on an anonymised basis. Data provided by Provider The Provider is to provide a written data report to MSDHUD’s Representative (through the Relationship Management Group) every six months during the TermCapacity Phase, identifying each of the following in relation to the 6 six month period prior to the written data report: • the Tenancy occupancy rate for all the Properties, measured as the average Tenancy occupancy rate versus the average Tenancy vacancy rate for the Provider’s portfolio of Propertiesproperties; • the Tenancy churn rate for all of the Properties; • the number of Tenancies which terminated for each Reason for Exit (including sub-categories of each Reason for Exit, where applicable); • the average number of days between one Tenancy ending and the next Tenancy beginning in respect of all of the Properties; • the percentage of rent arrears over 21 days in respect of all of the Properties; and • the average time to respond to urgent Property-related and T E M P L A T E Key Term Description Tenant-related queries across all of the Properties. The Provider is to provide a written data report to MSDHUD’s Representative (through the Relationship Management Group) every 12 months during the TermCapacity Phase, identifying Tenant satisfaction rates for the Properties in relation to the prior 12 month period, measured as: • Tenant satisfaction rates with the Tenant’s contact point; • overall Tenant satisfaction; and • Tenant satisfaction in relation to repairs and maintenance. The Parties acknowledge and agree that although the written Data reports in this Agreement and the monitoring of the Services as contained in clause 10 of the Relationship Agreement may include or relate to the same or similar information, the actual monitoring of the Services as contained in clause 10 and the Data sharing and reporting required are distinct contractual requirements. Data outcomes following specified periods Within 20 Business Days of MSD’s Representative having received the second 6 month written Data report as set out above, the – review The Relationship Management Group is to meet to review and discuss such Data. If : • within 20 Business Days of HUD’s Representative having received the second six (6) month written Data report as set [IN-CONFIDENCE:RELEASE EXTERNAL] Key Term Description out above; and • as otherwise agreed by the Relationship Management Group in respect of any other written Data reports. Data evidences Non- satisfactory Performance by the Provider – agreed improvement actions If HUD considers that such Data provided by the Provider above is not in any six (6) month written Data report during the Capacity Phase evidences Non-satisfactory Performance by the Provider, the Parties shall meet to agree a set of actions (and the timeframes in which those actions are to be implemented) which aim to improve the context performance of the Services and the principles set out in clause 3.2 of the Relationship Agreement, the parties will seek to agree changes to this Agreement to improve by the Provider’s performance of the Services. The parties Parties will enter into a variation agreement in the form attached as Schedule 8 to give effect to such agreed changesactions (if required). If MSD considers, having received the fourth 6 month written Data report as set out above, that such Data provided evidences continued Non- satisfactory Performance by the Provider is not satisfactory in the context of the Services and the principles set out in clause 3.2 of the Relationship Agreement, MSD may, following discussion with the Provider and acting reasonably, and having regard to the principles set out in clause 3.2 of the Relationship Agreement and that the Services need to meet the needs of Housing Clients, impose a performance regime on the Provider based on the Data by notice in writing to the Provider. The Provider is to comply with the requirements of such performance regime. Data outcomes - ongoing deductions If, at any time during after the Termlater of the: • third six (6) month written Data report; and • first written Data report after the agreed actions have been or should have been fully implemented, MSD HUD reasonably considers that notwithstanding the actions agreed by the Parties, the Data still evidences Non-satisfactory Performance by the Provider, then HUD may give notice to the Provider stating that HUD will deduct a specified amount of the IRRS associated with the Properties (up to a maximum of ten (10) per cent of the IRRS associated with the Properties) on and from the next Payment Period until such time as the Provider has demonstrated to HUD (acting reasonably) considers that the Data provided no longer evidences Non-satisfactory Performance by the Provider above is not satisfactory Provider. Any Allowable Deduction HUD makes pursuant to this Key Term will be reasonable and proportionate in the context of the Services and the principles set out in clause 3.2 of the Relationship Agreement, then the Relationship Management Group will meet as frequently as reasonably required and work together co-operatively to seek to improve such Data. If, after a period of three months or longer following the Relationship Management Group’s first such meeting, MSD circumstances (acting reasonably) considers that the Data has not been improved to a satisfactory level having regard to other relevant Housing and Housing Services providers, then MSD may undertake increased monitoring of the Provider in accordance with clause 10.2 of the Relationship Agreement. If, after a period of three months or longer following increased monitoring by MSD, MSD (acting reasonably) considers that the Data has not been improved to a satisfactory level, then MSD may, acting reasonably, and including having regard to the principles set out in seriousness and or pervasiveness of the Non-satisfactory Performance by the Provider as evidenced by the Data). To avoid doubt, HUD is not entitled to deduct under this Key Term and clause 3.2 13.6 of the Relationship Agreement and that in respect of the Services need to meet the needs of Housing Clients, impose a performance regime on the Provider based on the Data by notice in writing to the Provider. The Provider is to comply with the T E M P L A T E Key Term Description requirements of such performance regimesame issue. Insurance and Step-in Rights Insurances required The Provider is to hold and maintain the insurance policies at (or greater than) the specified levels of cover required and approved by the Regulatory Authority. MSD HUD Step-in Rights MSD HUD has Step-in Rights as set out in Schedule 3. Variations to Schedules.

Sharing of Data. Data provided by MSD MSD HUD HUD is to provide a written data report to the Provider’s Representative (through the Relationship Management Group) every six months during the TermCapacity Phase, identifying each of the following in relation to the 6 six month period prior to the relevant written data report (in each case, in comparison to a sector average and/or relevant individual Housing housing and Housing Services housing services providers on an anonymised basis): • the Provider’s portfolio priority score, based on the percentage of Tenants in each priority and sub-priority) priority category in the MSD Housing Client System; • the percentage of the Provider’s Properties utilised on a plus or minus 1 bedroom basis; and • the percentage of Tenants who were identified by the Provider (rather than HUD or MSD) and subsequently let a Property under this Agreement. Following receipt of the Data referred to below from the Provider, MSD HUD will also provide to the Provider a comparison of each item of such Data against the sector average and/or individual relevant Housing housing and Housing Services housing services providers on an anonymised basis. Data provided by Provider The Provider is to provide a written data report to MSDHUD’s Representative (through the Relationship Management Group) every six months during the TermCapacity Phase, identifying each of the following in relation to the 6 six month period prior to the written data report: • the Tenancy occupancy rate for all the Properties, measured as the average Tenancy occupancy rate versus the average Tenancy vacancy rate for the Provider’s portfolio of Propertiesproperties; • the Tenancy churn rate for all of the Properties; • the number of Tenancies which terminated for each Reason for Exit (including sub-categories of each Reason for Exit, where applicable); • the average number of days between one Tenancy ending and the next Tenancy beginning in respect of all of the Properties; • the percentage of rent arrears over 21 days in respect of all of the Properties; and • the average time to respond to urgent Property-related and T E M P L A T E Key Term Description Tenant-related queries across all of the Properties. The Provider is to provide a written data report to MSD’s Representative (through the Relationship Management Group) every 12 months during the Term, identifying Tenant satisfaction rates for the Properties in relation to the prior 12 month period, measured as: • Tenant satisfaction rates with the Tenant’s contact point; • overall Tenant satisfaction; and • Tenant satisfaction in relation to repairs and maintenance. Data outcomes following specified periods Within 20 Business Days of MSD’s Representative having received the second 6 month written Data report as set out above, the Relationship Management Group is to meet to review and discuss such Data. If the Relationship Management Group considers that such Data provided by the Provider above is not satisfactory in the context of the Services and the principles set out in clause 3.2 of the Relationship Agreement, the parties will seek to agree changes to this Agreement to improve the Provider’s performance of the Services. The parties will enter into a variation agreement in the form attached as Schedule 8 to give effect to such agreed changes. If MSD considers, having received the fourth 6 month written Data report as set out above, that such Data provided by the Provider is not satisfactory in the context of the Services and the principles set out in clause 3.2 of the Relationship Agreement, MSD may, following discussion with the Provider and acting reasonably, and having regard to the principles set out in clause 3.2 of the Relationship Agreement and that the Services need to meet the needs of Housing Clients, impose a performance regime on the Provider based on the Data by notice in writing to the Provider. The Provider is to comply with the requirements of such performance regime. Data outcomes - ongoing If, at any time during the Term, MSD (acting reasonably) considers that the Data provided by the Provider above is not satisfactory in the context of the Services and the principles set out in clause 3.2 of the Relationship Agreement, then the Relationship Management Group will meet as frequently as reasonably required and work together co-operatively to seek to improve such Data. If, after a period of three months or longer following the Relationship Management Group’s first such meeting, MSD (acting reasonably) considers that the Data has not been improved to a satisfactory level having regard to other relevant Housing and Housing Services providers, then MSD may undertake increased monitoring of the Provider in accordance with clause 10.2 of the Relationship Agreement. If, after a period of three months or longer following increased monitoring by MSD, MSD (acting reasonably) considers that the Data has not been improved to a satisfactory level, then MSD may, acting reasonably, and having regard to the principles set out in clause 3.2 of the Relationship Agreement and that the Services need to meet the needs of Housing Clients, impose a performance regime on the Provider based on the Data by notice in writing to the Provider. The Provider is to comply with the T E M P L A T E Key Term Description requirements of such performance regime. Insurance and Step-in Rights Insurances required The Provider is to hold and maintain the insurance policies at (or greater than) the specified levels of cover required and approved by the Regulatory Authority. MSD Step-in Rights MSD has Step-in Rights as set out in Schedule 3. Variations to Schedulesthe

Sharing of Data. Data provided by MSD MSD HUD HUD is to provide a written data report to the Provider’s Representative (through the Relationship Management Group) every six months during the Term, identifying each of the following in relation to the 6 six month period prior to the relevant written data report (in each case, in comparison to a sector average and/or relevant individual Housing housing and Housing Services housing services providers on an anonymised basis): • the Provider’s portfolio priority score, based on the T E M P L A T E Key Term Description percentage of Tenants in each priority and sub-priority) priority category in the MSD Housing Client System; • the percentage of the Provider’s Properties utilised on a plus or minus 1 bedroom basis; and • the percentage of Tenants who were identified by the Provider (rather than HUD or MSD) and subsequently let a Property under this Agreement. Following receipt of the Data referred to below from the Provider, MSD HUD will also provide to the Provider a comparison of each item of such Data against the sector average and/or individual relevant Housing housing and Housing Services housing services providers on an anonymised basis. Data provided by Provider The Provider is to provide a written data report to MSDHUD’s Representative (through the Relationship Management Group) every six months during the Term, identifying each of the following in relation to the 6 six month period prior to the written data report: • the Tenancy occupancy rate for all the Properties, measured as the average Tenancy occupancy rate versus the average Tenancy vacancy rate for the Provider’s portfolio of Propertiesproperties; • the Tenancy churn rate for all of the Properties; • the number of Tenancies which terminated for each Reason for Exit (including sub-categories of each Reason for Exit, where applicable); • the average number of days between one Tenancy ending and the next Tenancy beginning in respect of all of the Properties; • the percentage of rent arrears over 21 days in respect of all of the Properties; and • the average time to respond to urgent Property-related and T E M P L A T E Key Term Description Tenant-related queries across all of the Properties. The Provider is to provide a written data report to MSDHUD’s Representative (through the Relationship Management Group) every 12 months during the Term, identifying Tenant satisfaction rates for the Properties in relation to the prior 12 month period, measured as: • Tenant satisfaction rates with the Tenant’s contact point; • overall Tenant satisfaction; and • Tenant satisfaction in relation to repairs and maintenance. The Parties acknowledge and agree that although the written Data reports in this Agreement and the monitoring of the Services as contained in clause 10 of the Relationship Agreement may include or relate to the same or similar information, the actual monitoring of the Services as contained in clause 10 and the Data sharing and reporting required are distinct contractual requirements. Data outcomes following specified periods Within 20 Business Days of MSD’s Representative having received the second 6 month written Data report as set out above, the – review The Relationship Management Group is to meet to review and discuss such Data. If the Relationship Management Group considers that such Data provided by the Provider above is not satisfactory in the context : • within 20 Business Days of the Services and the principles set out in clause 3.2 of the Relationship Agreement, the parties will seek to agree changes to this Agreement to improve the ProviderHUD’s performance of the Services. The parties will enter into a variation agreement in the form attached as Schedule 8 to give effect to such agreed changes. If MSD considers, Representative having received the fourth 6 second six (6) month written Data report as set out above, that such Data provided by the Provider is not satisfactory in the context of the Services and the principles set out in clause 3.2 of the Relationship Agreement, MSD may, following discussion with the Provider and acting reasonably, and having regard to the principles set out in clause 3.2 of the Relationship Agreement and that the Services need to meet the needs of Housing Clients, impose a performance regime on the Provider based on the Data by notice in writing to the Provider. The Provider is to comply with the requirements of such performance regime. Data outcomes - ongoing If, at any time during the Term, MSD (acting reasonably) considers that the Data provided by the Provider above is not satisfactory in the context of the Services and the principles set out in clause 3.2 of the Relationship Agreement, then the Relationship Management Group will meet as frequently as reasonably required and work together co-operatively to seek to improve such Data. If, after a period of three months or longer following the Relationship Management Group’s first such meeting, MSD (acting reasonably) considers that the Data has not been improved to a satisfactory level having regard to other relevant Housing and Housing Services providers, then MSD may undertake increased monitoring of the Provider in accordance with clause 10.2 of the Relationship Agreement. If, after a period of three months or longer following increased monitoring by MSD, MSD (acting reasonably) considers that the Data has not been improved to a satisfactory level, then MSD may, acting reasonably, and having regard to the principles set out in clause 3.2 of the Relationship Agreement and that the Services need to meet the needs of Housing Clients, impose a performance regime on the Provider based on the Data by notice in writing to the Provider. The Provider is to comply with the T E M P L A T E Key Term Description requirements out above; and • as otherwise agreed by the Relationship Management Group in respect of any other written Data reports. Data evidences Non- satisfactory Performance by the Provider – agreed improvement actions If HUD considers that such Data provided by the Provider in any six (6) month written Data report during the Term evidences Non-satisfactory Performance by the Provider, the Parties shall meet to agree a set of actions (and the timeframes in which those actions are to be implemented) which aim to improve the performance regimeof the Services by the Provider. The Parties will enter into a variation agreement to give effect to such agreed actions (if required). Data evidences continued Non- satisfactory Performance by the Provider - deductions If, at any time after the later of the: • third six (6) month written Data report; and • first written Data report after the agreed actions have been or should have been fully implemented, HUD reasonably considers that notwithstanding the actions agreed by the Parties, the Data still evidences Non-satisfactory Performance by the Provider, then HUD may give notice to the Provider stating that HUD will deduct a specified amount of the IRRS associated with the Properties (up to a maximum of ten (10) per cent of the IRRS associated with the Properties) on and from the next Payment Period until such time as the Provider has demonstrated to HUD (acting reasonably) that the Data no longer evidences Non-satisfactory Performance by the Provider. Any Allowable Deduction HUD makes pursuant to this Key Term will be reasonable and proportionate in the circumstances (including having regard to the seriousness and or pervasiveness of the Non-satisfactory Performance by the Provider as evidenced by the Data). To avoid doubt, HUD is not entitled to deduct under this Key Term and clause 13.6 of the Relationship Agreement in respect of the same issue. Part F: Insurance and Step-in Rights Insurances required The Provider is to hold and maintain the insurance policies at (or greater than) the specified levels of cover required and approved by the Regulatory Authority. MSD HUD Step-in Rights MSD HUD has Step-in Rights as set out in Schedule 3. Variations to Schedules.