Common use of Gain Share Clause in Contracts

Gain Share. 4.1. If payment is withheld due to non-performance of the Provider, the Collaborative Forum will agree whether the freed up resource needs to be reinvested in the service or in a remedial service. Decisions to reinvest are a Reserved Matter of the Collaborative Forum. 4.2. If freed up resource is not reinvested in services, the non-recurrent benefit will be returned to the Commissioners in accordance with their Financial Contribution, subject to the ECC Financial Contribution not varying until all other Commissioners have benefitted from a 10% cost reduction of their Financial Contribution. 4.3. Decisions in respect of service investment are a Reserved Matter of the Collaborative Forum. Cost will be shared in accordance with the Financial Contribution of the Commissioners at that time unless a Commissioner wishes to make a unilateral investment.