Benchmarker Sample Clauses
The Benchmarker clause establishes a process for evaluating the performance, quality, or pricing of goods or services against a predetermined standard or industry benchmark. Typically, this clause outlines how and when benchmarking will occur, what metrics or criteria will be used, and the consequences if the goods or services fall short of the agreed benchmark—such as requiring improvements or price adjustments. Its core practical function is to ensure that the contracted goods or services remain competitive and meet agreed-upon standards, thereby protecting the interests of the party receiving them.
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Benchmarker. Commencing on the Cutover Date and continuing throughout the Term, to ensure that PacifiCare is obtaining competitive pricing, PacifiCare reserves the right, at PacifiCare's cost and expense, to designate an independent third party (the
Benchmarker. The Benchmarking Process shall be conducted by a Benchmarker chosen by LS&Co. from the list of Benchmarkers specified on Exhibit 11, and LS&Co. shall pay the fees charged by the Benchmarker to conduct the Benchmarking Process. If the Benchmarkers are no longer providing the services required to conduct the Benchmarking Process or are otherwise unavailable at the time LS&Co. elects to conduct the Benchmarking Process, the Parties shall promptly designate a replacement Benchmarker. If the Parties do not agree within 15 days on a replacement Benchmarker, LS&Co. shall designate the Benchmarker in its sole discretion, provided that such Benchmarker shall not be a Supplier Competitor. Supplier shall at its expense cooperate with and assist the Benchmarker and any other third parties involved in the Benchmarking Process, including providing data relating to the provision of the Services, as requested by LS&Co. or the Benchmarker. For clarity, Supplier shall not be required to provide data that reveals its cost to provide the Services in connection with the Benchmark Process except in the case of Pass-Through Expenses. LS&Co. – Master Services Agreement Page 28 CONFIDENTIAL TREATMENT REQUESTED – REDACTED COPY EXECUTION VERSION
Benchmarker. During the Term, to ensure that PacifiCare is obtaining competitive pricing, PacifiCare may, at Supplier's and PacifiCare's equally shared cost and expense, designate an independent third party (the "BENCHMARKER") from among a list of mutually agreed prospective Benchmark providers (as set forth in Schedule 9.2(a)) to measure Supplier's performance and pricing under this Agreement in accordance with the Benchmark Process (each a "BENCHMARK"). The Benchmarker shall use the Benchmark Process to measure Supplier's performance and pricing [...***...].
Benchmarker. “Benchmarker” means an independent and industry-recognized organization appointed by Company that is acknowledged by the Parties (each Party acting reasonably) to have directly relevant benchmarking expertise, methodology and data sources.
Benchmarker. Each comparison measurement of the Benchmarking Process (the “Benchmark”) shall be conducted by a person (the “Benchmarker”) who is either:
(a) an employee or employees of Contractor; or
(b) at Customer’s option, a Third Party selected by Customer, provided that (i) neither such Third Party nor any of its affiliates competes or intends to compete, directly or indirectly, with Contractor for the provision of NPAC/SMS in the Service Area or in any other service area and (ii) such Third Party signs an appropriate confidentiality agreement with Customer and Contractor regarding the Confidential Information, substantially in accordance with the provisions of Article 15 hereof. The fees and expenses charged by the Third Party Benchmarker shall be paid by Customer.
Benchmarker. Subject to Section 11.03, no more than [**], one or both of the Benchmarks shall be conducted by PSC representatives who, in each case, shall be acceptable to THC (the “PSC Benchmarker”). Notwithstanding the foregoing, at THC’s option, no more than [**], one or both of the Benchmarks may be conducted by a third party selected in accordance with this Section 11.02 and paid for by THC (the “Third Party Benchmarker”). If THC elects to engage a Third Party Benchmarker, THC shall provide PSC with notice of its intention to retain a Third Party Benchmarker. Within five business days of PSC’s receipt of such notice, PSC shall provide THC with a list of three third party benchmarkers acceptable to PSC (each, a “Qualified Benchmarker”). THC may engage any Qualified Benchmarker to act as the Third Party Benchmarker. If PSC fails to provide THC with a list of three Qualified Benchmarkers within five business days of PSC’s receipt of notice, THC may, at its sole discretion, engage any third party benchmarker to act as the Third Party Benchmarker. Any Third Party Benchmarker must execute a non-disclosure agreement in a form acceptable to PSC.