Benchmarking Overview. The Benchmark Process may be initiated upon EMW's request received by IBM upon at least 30 days prior notice and no earlier than the second anniversary following the Effective Date and thereafter not more often than once every two Contract Years. IBM and EMW shall share the Benchmarker's fees and expenses. EMW and IBM shall agree on the Benchmarker, taking into consideration the skill, experience, responsiveness, objectivity, fees and expenses of qualified firms or individuals. EMW and IBM shall promptly agree to a replacement Benchmarker in the event the Benchmarker is not available or EMW and IBM agree to replace such Benchmarker.
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Sources: Information Technology Services Agreement (TNPC Inc), Information Technology Services Agreement (TNPC Inc)