Common use of Result of Benchmarking Clause in Contracts

Result of Benchmarking. If the Benchmarker finds that the Charges paid by Kraft for all Services or for any service element are greater than [ * * * ] of the prices charged by other well-managed suppliers for work of a similar nature, type or volume (the “Benchmark Standard”), the Charges shall be [ * * * ]; provided that Supplier shall not be obligated to implement Benchmarking [ * * * ] to the extent such [ * * * ] would result in Supplier’s total Charges [ * * * ] as compared to its pricing absent such [ * * * ]. Such [ * * * ] shall become effective immediately upon receipt of the Benchmarker’s report, though [ * * * ] reserves [ * * * ] the Benchmarker’s report pursuant to the dispute resolution proceedings described in Section 11.10.4. Any reversal of the Benchmarking findings will be effective prospectively only from the date the dispute is resolved.