Common use of Result of Benchmarking Clause in Contracts

Result of Benchmarking. If the Benchmarker finds that the Charges paid by TXU for all Services or for any part of Services are greater than the lowest CONFIDENTIAL MATERIAL REDACTED AND FILED SEPARATELY WITH THE COMMISSION of the prices charged by other service providers for work of a similar nature, type or volume (the "Benchmark Standard"), the Benchmarker shall submit a written report to TXU and to Vendor setting forth such findings and conclusions (the "Benchmark Report"). Following TXU's receipt of the Benchmark Report, the Parties shall promptly meet to review the results indicated therein and Vendor shall, at TXU's option and in TXU's sole discretion, decrease the Charges (retroactive to the date of commencement of the Benchmarking) such that the reduced Charges for the Benchmarked Services are not greater than the Benchmark Standard. If the Benchmarker does not issue a Benchmark Report, then at TXU's reasonable request the Benchmarker shall provide TXU and Vendor with materials indicating its observations and suggestions based on the data collected or used during the Benchmarking analysis.

Result of Benchmarking. If the Benchmarker finds that the Charges paid by TXU Oncor for all Services or for any part of Services are greater than the lowest CONFIDENTIAL MATERIAL REDACTED AND FILED SEPARATELY WITH THE COMMISSION of the prices charged by other service providers for work of a similar nature, type or volume (the "Benchmark Standard"), the Benchmarker shall submit a written report to TXU Oncor and to Vendor setting forth such findings and conclusions (the "Benchmark Report"). Following TXUOncor's receipt of the Benchmark Report, the Parties shall promptly meet to review the results indicated therein and Vendor shall, at TXUOncor's option and in TXUOncor's sole discretion, decrease the Charges (retroactive to the date of commencement of the Benchmarking) such that the reduced Charges for the Benchmarked Services are not greater than the Benchmark Standard. If the Benchmarker does not issue a Benchmark Report, then at TXUOncor's reasonable request the Benchmarker shall provide TXU Oncor and Vendor with materials indicating its observations and suggestions based on the data collected or used during the Benchmarking analysis.