Common use of Benchmarking of Alliance performance Clause in Contracts

Benchmarking of Alliance performance. (a) The Participants agree that it is a fundamental obligation of the Alliance to demonstrate, ensure and deliver value for money to RTA. (b) The NOPs will provide every opportunity to enable the ALT to effectively demonstrate that these value for money outcomes are and/or will be achieved and have agreed to benchmark the performance of the Alliance against the performance of other alliance participants delivering other works or projects similar to the Alliance Works, or against the performance of similar projects. (c) The NOPs agree that for the purposes of benchmarking the performance of the Participants they will, in a manner consistent with our Alliance Principles, fully, frankly and honestly disclose all information relating to the: (i) actual outturn performance of all aspects of the Alliance; (ii) Actual Outturn Cost; and (iii) work under this Agreement or the Alliance Works other than that which the ALT determines is genuinely -commercial in confidence. (d) Where the ALT determines that information is genuinely commercial in confidence, the ALT must determine an acceptable and appropriate manner to protect the confidential nature of the information but will share the information for the purposes of benchmarking the actual outturn performance of all aspects of the Alliance. (e) For the purposes of this Agreement, the expression "commercial in confidence" will have the interpretation that the term has under the operation of the Freedom of Information Act 1989 (NSW).

Appears in 3 contracts

Sources: Project Alliance Agreement, Project Alliance Agreement, Project Alliance Agreement

Benchmarking of Alliance performance. (a) The Participants agree that it is a fundamental obligation of the Alliance to demonstrate, ensure and deliver value for money to RTARMS. (b) The NOPs will provide every opportunity to enable the ALT to effectively demonstrate that these value for money outcomes are and/or will be achieved and have agreed to benchmark the performance of the Alliance against the performance of other alliance participants delivering other works or projects similar to the Alliance Works, or against the performance of similar projects. (c) The NOPs agree that for the purposes of benchmarking the performance of the Participants they will, in a manner consistent with our Alliance Principles, fully, frankly and honestly disclose all information relating to the: (i) actual outturn performance of all aspects of the Alliance; (ii) Actual Outturn Cost; and (iii) work under this Agreement or the Alliance Works other than that which the ALT determines is genuinely -commercial in confidence. (d) Where the ALT determines that information is genuinely commercial in confidence, the ALT must determine an acceptable and appropriate manner to protect the confidential nature of the information but will share the information for the purposes of benchmarking the actual outturn performance of all aspects of the Alliance. (e) For the purposes of this Agreement, the expression "commercial in confidence" will have the interpretation that the term has under the operation of the Freedom of Information Act 1989 (NSW).

Appears in 1 contract

Sources: Project Alliance Agreement

Benchmarking of Alliance performance. (a) The Participants agree that it is a fundamental obligation of the Alliance to demonstrate, ensure and deliver value for money to RTA. (b) The NOPs will provide every opportunity to enable the ALT to effectively demonstrate that these value for money outcomes are and/or will be achieved and have agreed to benchmark the performance of the Alliance against the performance of other alliance participants delivering other works or projects similar to the Alliance Works, or against the performance of similar projects. (c) The NOPs agree that for the purposes of benchmarking the performance of the Participants they will, in a manner consistent with our Alliance Principles, fully, frankly and honestly disclose all information relating to the: (i) actual outturn performance of all aspects of the Alliance; (ii) Actual Outturn Cost; and (iii) work under this Agreement or the Alliance Works other than that which the ALT determines is genuinely -commercial commercial in confidence. (d) Where the ALT determines that information is genuinely commercial in confidence, the ALT must determine an acceptable and appropriate manner to protect the confidential nature of the information but will share the information for the purposes of benchmarking the actual outturn performance of all aspects of the Alliance. (e) For the purposes of this Agreement, the expression "commercial in confidence" will have the interpretation that the term has under the operation meaning set out in paragraphs (a) - (e) of the Freedom definition of the phrase "commercial-in-confidence provisions" in Schedule 4 of the Government Information (Public Access) Act 1989 2009 (NSW).

Appears in 1 contract

Sources: Project Alliance Agreement