Common use of Benchmark Audit Clause in Contracts

Benchmark Audit. At any time after the first anniversary of the Effective Date (but not more than once per calendar year) and at its own expense, Deluxe may engage its internal audit staff or a third party generally in the business of performing audits of IT services (a "Benchmark Auditor") to perform a review and audit of eFunds' performance under any specific Statement of Work or for any Work Order (a "Benchmark Audit"); provided that such Benchmark Auditor may not be an IT Competitor, unless eFunds consents thereto in its sole discretion. A Benchmark Audit shall measure eFunds' performance against other nationally or internationally recognized outsourcing services providers that regularly provide the full range of Services provided by eFunds to Deluxe under this Agreement and on similar outsourcing engagements of those providers for substantially similar services in substantially similar quantities and shall consider productivity and resource cost changes. The Benchmark Auditor shall prepare and submit to Deluxe a written report of the results of the Benchmark Audit (a "Benchmark Audit Report"). Deluxe shall deliver to eFunds a copy of the Benchmark Audit Report within ten (10) days of Deluxe's receipt thereof. Any dispute or issue related to a Benchmark Audit shall be resolved in accordance with the procedures set forth in Article 15.