Benchmark Results Clause Samples

The "Benchmark Results" clause defines how the results of performance or capability tests (benchmarks) on a product or service may be used and disclosed. Typically, this clause restricts one or both parties from publishing or sharing benchmark data without prior consent, especially if the results could impact the reputation or competitive standing of the product. By controlling the dissemination of benchmark results, the clause helps prevent misleading comparisons and protects proprietary information, ensuring that performance data is used fairly and responsibly.
Benchmark Results. (i) The Benchmarker shall provide the data, analysis and findings, including any supporting documentation, for the Services to Administrator and Customer as appropriate throughout the Benchmark Process. (ii) The Benchmarker shall prepare the complete “Benchmark Results” (i.e., a normalized analysis of the Comparators charges to the Charges) promptly, but no later than thirty (30) days after the commencement of the Benchmark Process by the Benchmarker. If the Benchmarker is for any reason unable to complete the Benchmarking Process within the time period set forth in this Section 1.5(d)(ii), the Parties will reasonably extend such period to allow the Benchmarker to complete the Benchmarking Process.
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Benchmark Results. Results of benchmark tests or other performance tests run on the Software may not be disclosed to any third party without ▇▇▇▇▇▇▇▇▇'s prior written consent.
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Benchmark Results. With respect to undisputed Benchmark results, if the applicable Fees are (i) within [...***...]% of the Benchmark results, the Fees shall not be adjusted; (ii) if the applicable Fees are between [...***...]% and [...***...]% higher than the Benchmark results, then the applicable Fees shall be adjusted automatically [...***...] to be within [...***...]% of the Benchmark results; or (iii) if the applicable Fees are more than [...***...]% higher than the Benchmark results, then the applicable Fees shall be reduced automatically (on a Tower-by-Tower basis) by [...***...]%, and the Parties shall promptly discuss any further Fee or other adjustments. If, after completing their reviews of the Benchmark results, the Parties are unable to resolve any issue regarding such results, including Fee or other adjustments related to such results, within thirty (30) days after either Party determines that the Parties are unable to resolve such issue, [...***...
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Benchmark Results. As a condition to DIR’s consent to the assignment of the MSA by Xerox S&L to Successor Service Provider as provided above, and as a material condition to the effectiveness of this ARCA Agreement, Successor Service Provider hereby waives any rights provided under Subsection 11.10(d) of the MSA and accepts the results specified in the Benchmarker's report issued on April 8, 2015 (the "Agreed Benchmark Report"). Successor Service Provider hereby agrees to eliminate the Variance specified in the Agreed Benchmark Report in accordance with the terms of Subsection 11.10(c) of the MSA in a manner substantially similar to the approach as outlined in Exhibit C.
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Related to Benchmark Results

  • Benchmarks 2.1 Benchmarks set forth the overall scope and level of responsibility and the typical duties by which jobs or positions are distinguished and classified under the Classification System. 2.2 Benchmarks also set forth the range or level of qualifications appropriate for a position classified to the level of the benchmark(s). 2.3 Benchmarks do not describe jobs or positions. They are used to classify a wide diversity of jobs by identifying the scope and level of responsibilities.

  • Publication of Results The National Aeronautics and Space Act (51 U.S.C. § 20112) requires NASA to provide for the widest practicable and appropriate dissemination of information concerning its activities and the results thereof. As such, NASA may publish unclassified and non-Proprietary Data resulting from work performed under this Agreement. The Parties will coordinate publication of results allowing a reasonable time to review and comment.

  • Benchmarking The Parties shall comply with the provisions of Framework Schedule 12 (Continuous Improvement and Benchmarking) in relation to the benchmarking of any or all of the Goods and/or Services.

  • ADVERTISING RESULTS The prior written approval of the Commissioner is required in order for results of the Bid to be used by the Contractor as part of any commercial advertising. The Contractor shall also obtain the prior written approval of the Commissioner relative to the Bid or Contract for press or other media releases.

  • Test Results The employer, upon request from an employee or former employee, will provide the confidential written report issued pursuant to 4.9 of the Canadian Model in respect to that employee or former employee.