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 NOP 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. (c) The NOP agrees 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; and (ii) 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).

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 NOP 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. (c) The NOP agrees 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; and (ii) 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).