Conditions for Market Testing. PPP Co. will not be required to undertake Market Testing on any Market Testing Review Date unless: (a) any Benchmarking Exercise carried out pursuant to Clause 25.1 (Benchmarking) indicates that there is a cost difference between the Latest Service Element and Market Costs as defined in Clause 25.1 (Benchmarking) of more than five per cent; or (b) the parties cannot agree an adjustment to the Unitary Charge following a Benchmarking Exercise; (c) the parties agree or it is determined in Dispute Resolution that a Benchmarking Exercise cannot be carried out due to the absence of suitable Benchmarking Data; or (d) PPP Co. fails to carry out or procure the carrying out of a Benchmarking Exercise.
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Sources: Project Agreement
Conditions for Market Testing. PPP Co. will not be required to undertake Market Testing market testing on any Market Testing Review Date unless:
(a) any Benchmarking Exercise carried out pursuant to Clause 25.1 26.1 (Benchmarking) indicates that there is a cost difference between the Latest Service Element and Market Costs as defined in Clause 25.1 26.1 (Benchmarking) of more than five per cent; or
(b) cent and the parties Parties cannot agree an adjustment to the Unitary Charge following a Benchmarking Exercise;
(cb) the parties Parties agree or it is determined in through the Dispute Resolution Procedure that a Benchmarking Exercise cannot be carried out due to the absence of suitable Benchmarking Data; or
(dc) PPP Co. fails to carry out or procure the carrying out of a Benchmarking Exercise.
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Sources: Project Agreement