Market Testing Sample Clauses

Market Testing. Sprint shall be entitled to market test Company -------------- prices for Services set forth in Exhibit A hereto on a quarterly basis during the term of this Agreement and, in addition, at any time that such prices are adjusted by Company in accordance with Section 3.2. The determination of Company price competitiveness is to be based upon the overall charges to Sprint by Company for Services being provided as described in Exhibit A. Such market testing is intended to confirm whether Company prices are competitive with the lowest end of the market consisting of quality, full turnkey E-mail Service providers with comparable volume, features, functionality and support. If prices are not competitive as reasonably shown by such market test and as agreed by Company, and Company has not remedied in thirty (30) days, Sprint may terminate this Agreement pursuant to Section 7.

Market Testing. E-Pub shall make reasonable efforts to conduct such pre-launch market testing as the parties may reasonably deem appropriate for each of the Licensed Internet Games.

Market Testing termination of the relevant subcontract as a result of the sub-contractor being in default thereunder; or

Market Testing. Each New Project referred to in clause 8.2(a)(iii) and/or in clause 8.2(c) shall need to be Market Tested with such New Project being referred to as a Market Tested Project. All Market Testing shall be carried out in accordance with part 1 of Schedule 4 (Market Testing Procedure) and shall be conducted openly, fairly and with full transparency and in a manner such that the Local Authority is able to check compliance with the requirements in this clause 8.4. Once a Representative New Project has been Market Tested in accordance with this clause 8 and Schedule 4 (Market Testing Procedure) then it shall not thereafter be mandatory for the LEP to Market Test a Supply Chain Member in relation to any subsequent New Project of the Same Type where the Supply Chain Member was appointed in relation to the relevant Market Tested Project. Instead, it shall be sufficient, in relation to that Supply Chain Member, for the LEP to follow the benchmarking provisions in clause 8.3 in relation to that Supply Chain Member in the context of the relevant New Project. If this Agreement is extended beyond the Initial Expiry Date until the Extended Expiry Date then the provisions of clauses 8.4 (a) to (c) above shall apply mutatis mutandis to New Projects which receive Stage 1 Approval after the Initial Expiry Date. The costs of the LEP in carrying out all Market Testing in accordance with Schedule 4 (Market Testing Procedure) will be met by the LEP and will be recoverable as a submission cost through the Project Management Fee chargeable in relation to that project under the terms of clause 9. Throughout the course of this Agreement and of each New Project carried out under this Agreement, the LEP shall monitor and record in writing its predicted Capital Cost and Whole Life Cost for each New Project (for the LEP and/or the relevant Project Company, as the case may be) and any increases or reductions in such estimated cost from time to time together with the reasons for all such increases or reductions. The LEP shall also record the Capital Cost and Whole Life Cost of each New Project actually incurred by the LEP and/or relevant Project Company (as the case may be) and, to the extent that the information becomes available over time, the actual cost of maintaining and repairing each New Project throughout the period that the LEP and/or the relevant Project Company (as the case may be) is obliged to maintain and repair such project. The LEP will benchmark the final costs of each New ...

Market Testing. The Market Testing of each Market Tested Element shall, notwithstanding any other provision of this Schedule Part 7 (New Project Pricing Report) (including, without limitation, the participation of the Relevant Participant(s) described in paragraph 5.2), be the responsibility of hubco (as between hubco and the Relevant Participant). The requirements of this paragraph 5.2 shall apply in respect of every Market Test to be carried out pursuant to the provisions of this Schedule Part 6 (New Project Pricing Report).

Market Testing. 3.1 In this guidance, “market testing” means the re-tendering on the market by PPP Co. of the relevant Sub-contractor’s soft services to test the value for money of that service. Any increase or decrease in the cost of such services as a result of market testing requirements in the Project Agreement which result in the replacement of a Sub-contractor should be reflected by an adjustment in the price charged to the Authority. 3.2 This should generally only be undertaken where the parties have failed to agree on the results of a benchmarking exercise and there is a real prospect of competition. Market testing is likely to be more disruptive to PPP Co. (and, therefore, possibly the Authority) than benchmarking as it may require replacement of a sub-contractor. 20 The taxation and rating of PPP Projects has been the subject of separate Guidance which should be consulted in respect of each Project. The following drafting must be looked at on a project specific basis. 21 [Not Used] 22 To give the PPP Co. the chance to sort out the problem, if it wishes. 23 The VAT status of the supplies made under the Agreement will depend on the nature and structure of each project. It is assumed for the purposes of this draft that all of the supplies under this Project Agreement and the Project Documents will be VATable (i.e. will not be exempt) and that all VAT incurred by PPP Co. will be recoverable. As any VAT charged (whether payable by the Authority to PPP Co., and remitted by PPP Co. to the Revenue, or irrecoverable VAT payable by PPP Co.) is ultimately paid to the Government, whatever the VAT treatment of supplies under the Project Agreement, there is no overall cost to the Government. If risk in such irrecoverable VAT is left with PPP Co., then this will be priced into the Unitary Charge. Accordingly, it may prove value for money if this “risk” is passed to the Authority (as it is not a risk from a Government perspective) irrespective of whether it arises as a result of a Change in VAT or as a result of a pre-existing Law/practice. An alternative approach is to restrict the compensation to a Change in VAT Law concept, but this leaves residual risk in PPP Co. and may result in an increased Unitary Charge even if such risk does not arise. It depends on the nature of the supplies. If it has a minimal impact on the bid it will probably be taken care of in benchmarking in any event. However, if it has a significant impact on the bid, consideration should be given to retaini...

Market Testing. The Company shall have the right to review the competitiveness of the Supplier’s terms and conditions for the supply of the Products and/or Services on the following terms and conditions: 19.1 The Company Representative shall inform the Supplier Representative that the Company intends reviewing the Supplier’s terms and conditions of supply of the Products and/or Services against the prevailing market terms and conditions. 19.2 The Supplier shall have 10 days to provide the Company Representative with a proposal for revised terms and conditions. 19.3 If the Supplier does not provide a proposal to the Company Representative, within the timeframe stipulated in clause 19.2, which the Company Representative considers (in his or her sole discretion) to be adequate then the Company shall proceed to market testing. 19.4 During such market testing, should the Company receive a bona fide signed offer from a third party for terms and conditions that are commercially more favourable than the Supplier’s terms and conditions then the Company shall notify the Supplier. The Supplier will then have 5 days to match or better such third party offer. 19.5 Should the Supplier fail to respond within the timeframe stipulated in clause 19.4, or should the response not be satisfactory to the Company Representative (in his or her sole discretion), then the Company will be entitled to terminate this Agreement by providing 30 days written notification of its intention to do so to the Supplier.

Market Testing. At any time before or after the End Date, Te Whatu Ora - Hawke’s Bay may test the market for the Services or similar services in any way it sees fit. The Supplier acknowledges that Te Whatu Ora - Hawke’s Bay has obligations under the Ministry of Business Innovation and Employment's Government Rules of Sourcing ("Rules"). This may include a requirement to regularly test the market. Te Whatu Ora - Hawke’s Bay will assess and determine, at its sole discretion, its obligations under the Rules, and whether to openly advertise for the Services or similar services. An indication of a date by when the market may be tested is provided in item 19 of Schedule 1 (if such a date is known at the time this Agreement is signed). Te Whatu Ora - Hawke’s Bay may, at its sole discretion, test the market before or after this date or choose not to test the market.

Market Testing. Meet the Buyer • PIN released to ensure there was a market • Survey Monkey Questionnaire • Industry Day held over 2 days – 31 companies came along – 21 one to one sessions KEY OUTCOMES • Useful data gathering for IDD and ITPD production • Market Awareness (on both sides) • No Site offered to Bidders – Evaluation favours bidders with sites which have planning consent • Transfer station offered by each authority • Primary treatment should be local • No restriction on secondary treatment location • Standard Contract based on WIDP – Waste Industry Delivery Programme – PFI based (SoPC4) • Amended for Scots Law by Scottish Futures Trust (kilted WIPD) • Procured using the Competitive Dialogue Process ISOS DS Detailed Solutions • OJEU notice January 2013 • Issued ISOS to six bidders June 2013 • Issued ITPDD to four bidders Oct 2014 • Final tenders invited June 2015 • Preferred ▇▇▇▇▇▇ appointed October 2015 • Financial Close 11 May 2016. • Service Commencement December 2019 • Viridor manage Transfer Station sites (exception NL) • Transport to Primary Treatment Facility at Bargeddie • Extract Recyclate at Bargeddie • Transport RDF to Dunbar • Energy Recovery at Dunbar • Tonnage related • Guaranteed minimum tonnage • Other Waste initiatives funded separately • 25 year contract • Opex index linked – Percentage index linked is bid specific • Inflation (basket of indices) • Qualifying Change in Law • Foreign Exchange rates (FC)