Benchmarker Sample Clauses

The Benchmarker clause establishes a process for evaluating the performance, quality, or pricing of goods or services against a predetermined standard or industry benchmark. Typically, this clause outlines how and when benchmarking will occur, what metrics or criteria will be used, and the consequences if the goods or services fall short of the agreed benchmark—such as requiring improvements or price adjustments. Its core practical function is to ensure that the contracted goods or services remain competitive and meet agreed-upon standards, thereby protecting the interests of the party receiving them.
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Benchmarker. Commencing on the Cutover Date and continuing throughout the Term, to ensure that PacifiCare is obtaining competitive pricing, PacifiCare reserves the right, at PacifiCare's cost and expense, to designate an independent third party (the
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Benchmarker. The Benchmarking Process shall be conducted by a Benchmarker chosen by LS&Co. from the list of Benchmarkers specified on Exhibit 11, and LS&Co. shall pay the fees charged by the Benchmarker to conduct the Benchmarking Process. If the Benchmarkers are no longer providing the services required to conduct the Benchmarking Process or are otherwise unavailable at the time LS&Co. elects to conduct the Benchmarking Process, the Parties shall promptly designate a replacement Benchmarker. If the Parties do not agree within 15 days on a replacement Benchmarker, LS&Co. shall designate the Benchmarker in its sole discretion, provided that such Benchmarker shall not be a Supplier Competitor. Supplier shall at its expense cooperate with and assist the Benchmarker and any other third parties involved in the Benchmarking Process, including providing data relating to the provision of the Services, as requested by LS&Co. or the Benchmarker. For clarity, Supplier shall not be required to provide data that reveals its cost to provide the Services in connection with the Benchmark Process except in the case of Pass-Through Expenses. LS&Co. – Master Services Agreement Page 28 CONFIDENTIAL TREATMENT REQUESTED – REDACTED COPY EXECUTION VERSION
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Benchmarker. During the Term, to ensure that PacifiCare is obtaining competitive pricing, PacifiCare may, at Supplier's and PacifiCare's equally shared cost and expense, designate an independent third party (the "BENCHMARKER") from among a list of mutually agreed prospective Benchmark providers (as set forth in Schedule 9.2(a)) to measure Supplier's performance and pricing under this Agreement in accordance with the Benchmark Process (each a "BENCHMARK"). The Benchmarker shall use the Benchmark Process to measure Supplier's performance and pricing [...***...].
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Benchmarker. “Benchmarker” means an independent and industry-recognized organization appointed by Company that is acknowledged by the Parties (each Party acting reasonably) to have directly relevant benchmarking expertise, methodology and data sources.
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Benchmarker. Each comparison measurement of the Benchmarking Process (the “Benchmark”) shall be conducted by a person (the “Benchmarker”) who is either: (a) an employee or employees of Contractor; or (b) at Customer’s option, a Third Party selected by Customer, provided that (i) neither such Third Party nor any of its affiliates competes or intends to compete, directly or indirectly, with Contractor for the provision of NPAC/SMS in the Service Area or in any other service area and (ii) such Third Party signs an appropriate confidentiality agreement with Customer and Contractor regarding the Confidential Information, substantially in accordance with the provisions of Article 15 hereof. The fees and expenses charged by the Third Party Benchmarker shall be paid by Customer.
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Benchmarker. Subject to Section 11.03, no more than [**], one or both of the Benchmarks shall be conducted by PSC representatives who, in each case, shall be acceptable to THC (the “PSC Benchmarker”). Notwithstanding the foregoing, at THC’s option, no more than [**], one or both of the Benchmarks may be conducted by a third party selected in accordance with this Section 11.02 and paid for by THC (the “Third Party Benchmarker”). If THC elects to engage a Third Party Benchmarker, THC shall provide PSC with notice of its intention to retain a Third Party Benchmarker. Within five business days of PSC’s receipt of such notice, PSC shall provide THC with a list of three third party benchmarkers acceptable to PSC (each, a “Qualified Benchmarker”). THC may engage any Qualified Benchmarker to act as the Third Party Benchmarker. If PSC fails to provide THC with a list of three Qualified Benchmarkers within five business days of PSC’s receipt of notice, THC may, at its sole discretion, engage any third party benchmarker to act as the Third Party Benchmarker. Any Third Party Benchmarker must execute a non-disclosure agreement in a form acceptable to PSC.
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Related to Benchmarker

  • 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.

  • 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.

  • Benchmark Replacement Notwithstanding anything to the contrary herein or in any other Loan Document, if a Benchmark Transition Event and its related Benchmark Replacement Date have occurred prior any setting of the then-current Benchmark, then (x) if a Benchmark Replacement is determined in accordance with clause (a) of the definition of “Benchmark Replacement” for such Benchmark Replacement Date, such Benchmark Replacement will replace such Benchmark for all purposes hereunder and under any Loan Document in respect of such Benchmark setting and subsequent Benchmark settings without any amendment to, or further action or consent of any other party to, this Agreement or any other Loan Document and (y) if a Benchmark Replacement is determined in accordance with clause (b) of the definition of “Benchmark Replacement” for such Benchmark Replacement Date, such Benchmark Replacement will replace such Benchmark for all purposes hereunder and under any Loan Document in respect of any Benchmark setting at or after 5:00 p.m. (New York City time) on the fifth (5th) Business Day after the date notice of such Benchmark Replacement is provided to the affected Lenders without any amendment to, or further action or consent of any other party to, this Agreement or any other Loan Document so long as the Administrative Agent has not received, by such time, written notice of objection to such Benchmark Replacement from Lenders comprising the Required Lenders. If the Benchmark Replacement is Daily Simple SOFR, all interest payments will be payable on a monthly basis.

  • GSA Benchmarked Pricing Additionally, where the NYS Net Price is based upon an approved GSA Supply Schedule:

  • Teams One team for the purposes of the Event shall consist of one Vehicle. Each Vehicle can contain a maximum of three Team Members, provided such Team Members have entered into a Team Entry Agreement with the Company or have otherwise agreed in writing to participate in the Event upon and subject to the Terms of Entry and the Event Rules. For the avoidance of doubt, it is the sole responsibility of each Team to inform themselves of the maximum numbers of persons legally permitted to travel in the Vehicle under Relevant Law. The Company shall provide each Team with the contact details of the Approved Hirer who will be able to provide each Team with a Vehicle for use in the Event, subject to the Team entering into an agreement (the "Borrowing Agreement") with the Hirer outlining the terms of use of the Vehicle. Should the Vehicle not be delivered to the Designated Finish Point by 14:00 local time on 9th January 2025, then the team will be liable for the "Hire Costs" outlined below. Each Vehicle will be of a similar specification to that outlined in Schedule 4 to the Team Entry Agreement. For the avoidance of doubt, the Company shall make no representations or warranties as to the suitability of the Approved Hirer or of the Vehicle for participation in the Event and any rights or warranties which a Team may have or be granted in relation to the Vehicle shall be limited to those contained in the Rental Agreement or implied by any Relevant Law.