Benchmarking Report Review Period and Adjustments Sample Clauses

Benchmarking Report Review Period and Adjustments. (i) No later than thirty (30) days after the completion of the Benchmarking Process, the Benchmarking Firm will deliver a report (the “Benchmarking Report”) to T-Mobile and Provider which will include results as normalized against the quantitative and qualitative performance standards and commitments for the Services contained in the MSA, the SAs, and the Orders, including the Service Levels and an opinion, on a Service-by-Service basis, as to whether such Service is in conformance with Best Practices. (ii) No later than sixty (60) days after receipt of the Benchmarking Report, Provider will prepare and deliver to T-Mobile an analysis of the Benchmarking Report (the “Provider Report”). If the Benchmarking Report indicates that any aspects of the Charges or Service Levels are noncompetitive, Provider will include with that analysis an action plan in the Provider Report to make those Charges or Service Levels competitive. (iii) In the event that the Benchmarking Report indicates that the aggregate monthly Charges paid by T-Mobile for the applicable Services are more than [* * *] higher than the average aggregate monthly charges paid by the applicable comparison group for analogous Services, such Charges will be adjusted so that the resulting aggregate monthly Charges are equal to the average aggregate monthly Charges paid by such comparison group. Any such adjustment to the Charges will be effective as of the first (1st) day of the first (1st) calendar month following delivery of the Provider Report and will be documented pursuant to the Service Change Procedures; provided, however, that the Parties acknowledge that such use of the Service Change Procedures is for documentation purposes only and Master Services Agreement 17 [* * *] The confidential content of this Exhibit 10.1 has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Provider will not withhold any consent pursuant to such procedures in connection with such adjustment to the Charges, subject to the provisions herein. (iv) In the event that the Benchmarking Report indicates that the Service Levels provided by Provider for the applicable Services are noncompetitive, such Service Levels will be adjusted pursuant to a recommendation provided by the Benchmarking Firm. Additionally, if the Benchmarking Report indicates that any Service is not in conformance with Best Practices, such Service will...
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