Common use of Conditions for Market Testing Clause in Contracts

Conditions for Market Testing. The Contractor will not be required to undertake Market Testing on any Market Testing Review Date unless any Benchmarking Exercise carried out pursuant to Clause 28.1 indicates that there is a cost difference between the Base Cost of relevant Operational Services and the Market Cost of more than 15% upwards or downwards or the Authority acting reasonably having regard to the results of and/or the conduct of the Benchmarking Exercise requires the Contractor to do so.

Conditions for Market Testing. The Contractor will shall not be required to undertake Market Testing on any Market Testing Review Date unless any Benchmarking Exercise carried out pursuant to Clause 28.1 clause Benchmarking indicates that there is a cost difference between the Base Cost element within the Financial Model as the costs of relevant Operational Services providing the Service in question and the Market Cost Costs (as defined in clause Benchmarking) of more than 15% upwards or downwards five per cent or the Authority acting reasonably having regard parties cannot agree an adjustment to the results of and/or the conduct of the Unitary Charge following a Benchmarking Exercise requires the Contractor to do soExercise.