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.
Appears in 2 contracts
Sources: Agreement for Number Portability Administration Center/Service Management System (Neustar Inc), Confidential Treatment Agreement (Neustar Inc)