Benchmarking Reviews Sample Clauses
POPULAR SAMPLE Copied 3 times
Benchmarking Reviews. In accordance with the Framework Agreement, the SERVICE PROVIDER cannot increase its maximum margins which it applies to the IT Solutions. Nothing in this Contract shall prevent or restrict the SERVICE PROVIDER from reducing the maximum margins and the SERVICE PROVIDER shall ensure that any reduction is immediately passed on to the CUSTOMER.
Benchmarking Reviews. (a) From time to time during the Term after the second anniversary of the Effective Date of this Amendment (but no more often than once in any 12 month period), ADVO may, subject to this Section, engage the services of an independent third party (a “Benchmarker”) to compare the quality and cost of the Services for some or all of the Services provided under the Agreement against the quality provided and cost charged by other service providers to other entities receiving comparable services in order to ensure that ADVO is obtaining pricing and levels of service that are competitive with market rate prices and service levels, given the nature, volume and type of Services being benchmarked (all of which will be described by the Parties in the benchmark agreement) (“Benchmarking”). The Benchmark will be designed to provide a representative comparison of the benchmarked Services provided by vendors across various industries. ADVO and IBM shall each pay 50% of the fees and expenses charged by the Benchmarker (which fees will not be contingency-based). ADVO and IBM expressly agree as of the Effective Date of this Amendment the following constitutes a list of acceptable organizations to perform a Benchmark:
1) [***], and
2) [***] and
3) Any other independent third-party agreed upon by the Parties from time to time during the term.
(b) Any acceptable Benchmarker engaged by ADVO shall execute a non-disclosure agreement reasonably satisfactory to IBM and ADVO. IBM shall cooperate fully with ADVO [***] Information redacted pursuant to a confidential treatment request. An unredacted version has been filed separately with the Securities and Exchange Commission. and the Benchmarker, provide all reasonable data relating to the provision of the Services requested by the Benchmarker (but in no event shall IBM be required to provide IBM cost data or data relating to other IBM customers), provide reasonable access to the Benchmarker during such effort, all at IBM’s cost and expense. The Benchmarking shall be conducted so as not to unreasonably interfere with IBM’s ability to perform the Services in accordance with the Performance Standards.
(c) ADVO will determine the scope of the study and the Services to be compared (the “Benchmarked Services”). The Benchmarker shall perform a price-based benchmark, comparing the charges per hour applicable to each Skill Group applicable to the Benchmarked Services, against the charges per hour applicable to resources used to perform similar...