Benchmark Review Sample Clauses
POPULAR SAMPLE Copied 2 times
Benchmark Review. The Supplier shall require the Benchmarker to produce, and to send to each Party for approval, a draft plan for the Benchmark Review within 10 Working Days after the date of the appointment of the Benchmarker, or such longer period as the Benchmarker shall reasonably request in all the circumstances. The plan must include: a proposed timetable for the Benchmark Review; a description of the information that the Benchmarker requires each Party to provide; a description of the benchmarking methodology to be used; a description that clearly illustrates that the benchmarking methodology to be used is capable of fulfilling the benchmarking objectives under Paragraph 2.1; an estimate of the resources required from each Party to underpin the delivery of the plan; a description of how the Benchmarker will scope and identify the Comparison Group; details of any entities which the Benchmarker proposes to include within the Comparison Group; and if in the Benchmarker's professional opinion there are no Comparable Services or the number of entities carrying out Comparable Services is insufficient to create a Comparison Group, a detailed approach for meeting the relevant benchmarking objective(s) under Paragraph 2.1 using a proxy for the Comparison Services and/or Comparison Group as applicable. The Parties acknowledge that the selection and or use of proxies for the Comparison Group (both in terms of number and identity of entities) and Comparable Services shall be a matter for the Benchmarker's professional judgment. Each Party shall give notice in writing to the Benchmarker and to the other Party within 10 Working Days after receiving the draft plan either approving the draft plan or suggesting amendments to that plan which must be reasonable. Where a Party suggests amendments to the draft plan pursuant to this Paragraph 4.3, the Benchmarker shall, if it believes the amendments are reasonable, produce an amended draft plan. Paragraph 4.1 and this Paragraph 4.3 shall apply to any amended draft plan. Failure by a Party to give notice under Paragraph 4.3 shall be treated as approval of the draft plan by that Party. If the Parties fail to approve the draft plan within 30 Working Days of its first being sent to them pursuant to Paragraph 4.1 then the Benchmarker shall prescribe the plan. Once the plan is approved by both Parties or prescribed by the Benchmarker, the Benchmarker shall carry out the Benchmark Review in accordance with the plan. Each Party shall procure that...
Benchmark Review. Upon completion of the Benchmark Process, Customer and Administrator shall review the Benchmark Results during the thirty (30) day period following delivery to Customer and Administrator of the Benchmark Results, and shall in good faith discuss any appropriate adjustments to the Service Levels or Charges under this Agreement, and identify and resolve any disagreements or variances from the Benchmark Results. The Benchmarker shall disclose: (i) if the Benchmark Results show that the relevant Charges are less than three percent (3%) higher than the normalized charges paid by the average of the Comparators in the first quartile of the Comparators that were the subject of such Benchmarking Process of the relevant sample; (ii) if the results show that the relevant Charges are between three percent (3%) and twenty percent (20%) greater than the normalized charges paid by the average of the Comparators in the first quartile of Comparators; or (iii) if the results show that the relevant Charges are more than twenty percent (20%) greater than the normalized charges paid by the average of the Comparators in the first quartile of Comparators. Based on such results, Administrator may elect to offer a proposal for Customer’s consideration for adjustments to the scope of Services, Service Levels and the relevant Charges. Any adjustments shall be made on a prospective basis only, beginning thirty (30) days after the Benchmark Process is completed.
Benchmark Review. The Supply Chain Business Operations (SCBO) will send out the request, receive the information back from the supplier and review the information and follow up with department representative within five (5) business days ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇.▇▇▇
Benchmark Review. 2.1. The Authority may, by written notice, require a Benchmark Review of the Services in accordance with the provisions of this Schedule 8. The first Benchmark Review may not take place until at least {18} months after the Commencement Date and each subsequent Benchmark Review must be at least {12} months after the previous one.
2.2. Subject to paragraph 2.4, if any Benchmark Review determines that the Charges do not represent Good Value (as defined in paragraph 3.2), then the Service Provider shall, in accordance with Schedule 7 (Change Control) and within {three months} of completion of the Benchmark Review, make a proposal for a changes to the Services, with Charges representing Good Value in accordance with the recommendations of the Benchmarker under paragraph 6.1(c), under which there will be a new Initial Term, and modifications may be made to the Services and the KPIs.
2.3. On receipt of the proposal from the Service Provider under paragraph 2.2 the Authority shall have the option to:
a) accept the new proposal in which case the Parties shall record the change in accordance with Schedule 7;
b) reject the proposal and elect to continue to receive the Services on the existing basis; or
c) reject the proposal and terminate this Agreement on {three months'} notice in writing to the Service Provider without cost other than the Charges up to the date of such termination.}
2.4. If the Service Provider reasonably believes the Benchmarker has not complied with the provisions of this Schedule 8 in any material respects, or that the Benchmarker has made a manifest error in determining the results of the Benchmark Review, the Service Provider may dispute the Benchmark Report and the matter shall be dealt with in accordance with the Dispute Resolution Procedure.
Benchmark Review. Review conducted by SCDHHS and its EQRO to determine a CICO’s readiness to proceed to the next transition phase of HCBS authority.
Benchmark Review. Upon completion of the Benchmark Process, Customer and Supplier shall review the Benchmark Results during the thirty (30) day period following delivery to Customer and Supplier of the Benchmark Results, and shall in good faith discuss any appropriate adjustments to the applicable Service Level Agreement or Charges under this Agreement, and identify and resolve any disagreements or variances from the Benchmark Results. If the Benchmark Results show that the relevant Charges are less than five percent (5%) higher than the normalized charges paid by the average of the Comparators that were the subject of such Benchmarking Process of the relevant sample, then there will be no change in the Charges. If the results show that the relevant Charges are more than five percent (5%) greater than the normalized charges paid by the average of the Comparators, then the Parties shall meet and negotiate in good faith a plan to reduce the Charges so as to eliminate any such unfavorable variance (i.e., such that the relevant Charges for the Services are not more than five percent (5%) higher than the normalized charges paid by the average of the Comparators), with any such agreed-upon adjustment to the Charges to be made on a prospective basis only beginning thirty (30) days after the Benchmark Process is completed. The plan shall not call for changes to the Services included within the factors for which the Benchmarker adjusted Supplier’s Charges downward in making its comparison (e.g., Service Levels that were lower than those of the Comparators). If the Parties fail to agree upon a plan to reduce the Charges, or if Supplier fails to implement the agreed plan, in addition to any other rights and remedies available to Customer, Customer will have the right to terminate the Agreement, in whole or of the benchmarked Statement of Work, upon payment of the applicable Termination Charges described in the applicable Statements(s) of Work.
Benchmark Review. 4.1 The Authority shall require the Benchmarker to produce, and to send to each Party for approval, a draft plan for the Benchmark Review within 10 Working Days after the date of the appointment of the Benchmarker, or such longer period as the Benchmarker shall reasonably request in all the circumstances. The plan must include:
(a) a proposed timetable for the Benchmark Review;
(b) a description of the information that the Benchmarker requires each Party to provide;
(c) a description of the benchmarking methodology to be used;
(d) a description that clearly illustrates that the benchmarking methodology to be used is capable of fulfilling the benchmarking objectives under Paragraph 2.1;
(e) an estimate of the resources required from each Party to underpin the delivery of the plan;
(f) a description of how the Benchmarker will scope and identify the Comparison Group;
(g) details of any entities which the Benchmarker proposes to include within the Comparison Group; and
(h) if in the Benchmarker's professional opinion there are no Comparable Services or the number of entities carrying out Comparable Services is insufficient to create a Comparison Group, a detailed approach for meeting the relevant benchmarking objective(s) under Paragraph 2.1 using a proxy for the Comparison Services and/or Comparison Group as applicable.