Initiating Benchmarking Clause Samples

The "Initiating Benchmarking" clause defines the process by which one party may formally request a benchmarking exercise to compare the performance, pricing, or quality of goods or services under the agreement against industry standards or competitors. Typically, this clause outlines the steps for initiating benchmarking, such as providing written notice, agreeing on the scope and methodology, and selecting an independent third party to conduct the analysis. Its core practical function is to ensure transparency and competitiveness, allowing parties to assess whether the terms of the agreement remain fair and in line with market practices, and to address any discrepancies that may arise.
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Initiating Benchmarking. (1) The Benchmarking Process may be initiated by Customer once during the Term and at any time after [***] by giving at least 90 days’ prior Notice to Provider. (2) Customer shall select the Benchmarker from the List of Approved Benchmarkers set forth below, or at Customer’s election, another Benchmarker shall be selected in accordance with the following process. [***] The Parties agree that the Benchmarker will not be compensated on a contingency fee basis. (3) This Section 3 describes the independent process used to validate that the applicable Services meet the Best Value requirements. Customer may, at its option, elect to benchmark any combination of any of the following: [***]. The Benchmarking Process shall be conducted collaboratively with the Parties being fully and equally involved throughout.
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Initiating Benchmarking. The Benchmark Process may be initiated by Customer by giving at least ninety (90) days prior notice to Administrator. Customer shall select the Benchmarker from the list of Benchmarkers set forth on the “Benchmarkers” Exhibit to the applicable Statement of Work. Customer represents that each Benchmarker is qualified to perform the Benchmark Process based on their demonstrated skills, experience, responsiveness, objectivity and fees.
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Initiating Benchmarking. (a) The Benchmarking Process may be initiated by Customer at any time after [ * * * ] by giving at least 90 days’ prior Notice to Provider. (b) Customer shall select the Benchmarker from the List of Approved Benchmarkers set forth below. [ * * * ]. The Parties agree that the Benchmarker will not be compensated on a contingency fee basis. (c) This Section 3 describes the independent process used to validate that the applicable Services meet the Best Value requirements. Customer may, at its option, elect to CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. THE COPY FILED HEREWITH OMITS THE INFORMATION SUBJECT TO A CONFIDENTIALITY REQUEST. OMISSIONS ARE DESIGNATED [ * * * ]. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. benchmark any combination of any of the following: [ * * * ]. The Benchmarking Process shall be conducted collaboratively with the Parties being fully and equally involved throughout.
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Initiating Benchmarking. (a.) The Benchmarking Process may be initiated by Customer once during the Term and at any time after [***] by giving at least 90 days’ prior Notice to Provider. (b.) Customer shall select the Benchmarker from the List of Approved Benchmarkers set forth below, or at Customer’s election, another Benchmarker shall be selected in accordance with the following process. [***]. The Parties agree that the Benchmarker will not be compensated on a contingency fee basis.
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Related to Initiating Benchmarking

  • Benchmarking The Parties shall comply with the provisions of Framework Schedule 12 (Continuous Improvement and Benchmarking) in relation to the benchmarking of any or all of the Goods and/or Services.

  • Benchmarks 2.1 Benchmarks set forth the overall scope and level of responsibility and the typical duties by which jobs or positions are distinguished and classified under the Classification System. 2.2 Benchmarks also set forth the range or level of qualifications appropriate for a position classified to the level of the benchmark(s). 2.3 Benchmarks do not describe jobs or positions. They are used to classify a wide diversity of jobs by identifying the scope and level of responsibilities.

  • Office of Inspector General Investigative Findings Expert Review In accordance with Senate Bill 799, Acts 2021, 87th Leg., R.S., if Texas Government Code, Section 531.102(m-1)(2) (eff. Apr. 1, 2025, Section 544.0106, pursuant to House Bill 4611, Acts 2023, 88th Leg., R.S.) is applicable to this Contract, Contractor affirms that it possesses the necessary occupational licenses and experience.

  • Alternative Warning ▇▇▇▇▇▇▇ may, but is not required to, use the alternative short-form warning as set forth in this § 2.3(b) (“Alternative Warning”) as follows: WARNING: Cancer and Reproductive Harm - ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇.

  • Arbitrator Selection The arbitrator will be appointed by the Administrator in accordance with the rules of the Administrator. However, unless the parties agree otherwise, the arbitrator must be a retired or former judge or a lawyer with at least ten (10) years of experience.