Review of Performance Standards Clause Samples
Review of Performance Standards. The Performance Standards are intended to reflect prevailing performance standards and other criteria by which clients measure performance of the managed behavioral health care component of the health maintenance organization industry. Accordingly, the parties shall review the Performance Standards periodically after January 1, 2001 and if appropriate, modify them to reflect prevailing industry standards. If the parties are unable to agree on such modifications, they will submit the dispute to arbitration pursuant to SECTION 14.1.
Review of Performance Standards. The Parties will review the number, nature and specifics of the Performance Standards (including the applicable Credit Amounts):
(a) in accordance with Section 8.3 of the Agreement; and
(b) expeditiously upon either Party's request promptly following the occurrence of any event or change that significantly affects (1) MSDW's or any MSDW Business Unit's requirements or (2) IBM's delivery of the Services (each, a "Trigger Event"). Examples of Trigger Events include:
(i) material changes in MSDW's or any MSDW Business Unit's business;
(ii) the addition of new services to the Services as agreed in an NSA;
(iii) the elimination of Services as allowed under the Agreement or as otherwise agreed by the Parties;
(iv) changes in regulatory or audit requirements affecting MSDW or an MSDW Business Unit;
(v) material changes in, or the evolution or elimination of, technology used to provide the Services, such as the retirement of old processes (including the transition by a MSDW Business Unit to new data network connectivity such as frame relay), system enhancements, operating environment changes, and improvements in technology;
(vi) any repeated failure by MSDW or IBM to deliver those Services for which no Performance Standards are specified; and
(vii) any other event or events agreed upon by the Parties.
Review of Performance Standards a. For each Reporting Period, the IRO shall review information relating to the performance standards (as referenced in 21 C.F.R. § 814.20(b)(5)) applicable to Government Reimbursed Products included or referenced in PMAs or PMA-related submissions or supplements submitted to FDA during the applicable Reporting Period. The IRO shall conduct this review (Performance Standards Review) by reviewing configurations, results, and descriptions of the performance standards applicable to the Government Reimbursed Product and any results of testing the Government Reimbursed Products against the performance standards. If the PMAs or PMA-related submissions or supplements to be reviewed by the IRO include multiple performance standards referenced by or relied on by Advanced Bionics, or a performance standard has multiple subparts, the IRO or Advanced Bionics may propose to OIG that the IRO review a sample of performance standards or performance standard subparts. Any such proposal must be reviewed and approved in advance by the OIG and such approval shall be in the OIG’s discretion.
b. For purposes of conducting its review of performance standards, the IRO shall have access to all records and personnel necessary to complete the review described below. This shall include access to internal Advanced Bionics documents and information relating to: i) the Government Reimbursed Products for which PMAs or PMA-related submissions or supplements were submitted to FDA during the applicable Reporting Period, ii) performance standards applicable to each of the Government Reimbursed Products; iii) test reports evaluating the Government Reimbursed Products against the performance standards; and iv) descriptions of performance standard test reports for the Government Reimbursed Products intended for submission to the FDA.
c. For each Government Reimbursed Product reviewed the IRO shall:
i. identify the configurations, results, and descriptions of tests of the Government Reimbursed Product against the applicable performance standards during the Reporting Period;
ii. evaluate whether the testing was conducted in a manner consistent with Advanced Bionics’s Policies and Procedures relating to Covered Functions, including whether all required approvals were obtained, whether the decision-making process was consistent with Advanced Bionics’s Policies and Procedures, and whether all required documentation pertaining to performance standards testing was retained; and
iii. verifying that the ...
Review of Performance Standards. 8.5.1. The Parties and PM must meet periodically and at least annually to review the Performance Standards and in good faith, negotiate adjustments, deletions or additions that are appropriate to ensure that the Performance Standards are appropriate to measure the Concessionaire’s performance in line with Good Industry Practice. The following rules apply to the reviews undertaken under this Clause:
a) Nothing in this Clause requires GMCBL/PM to negotiate on or agree to adjustments to reflect diminished/ changed performance capability.
b) If, by 31 March in any year, the Parties have not agreed on Performance Standards applicable, the Performance Standards for the previous year shall be adhered to by the Concessionaire.
Review of Performance Standards. Agilent and Vsource shall jointly review the Performance Standards as set forth in Schedule F, and where Vsource fails to meet the Performance Standards in Schedule F, the Parties shall make adjustments to the fees ("Fee Adjustments") payable under this Agreement in accordance with Schedule F.
Review of Performance Standards. 7.1. The parties agree that work area performance indicators shall be established to enable any changes in performance following implementation of workplace initiatives to be jointly monitored and reviewed.