GAINS SHARE Clause Samples
The Gains Share clause establishes a mechanism for distributing financial benefits or savings that result from a project or contract between the involved parties. Typically, this clause outlines how any cost reductions, efficiency improvements, or additional profits achieved beyond agreed targets will be calculated and shared, often specifying percentages or formulas for allocation. Its core practical function is to incentivize collaboration and performance by ensuring that all parties have a stake in achieving superior results, thereby aligning interests and promoting mutual benefit.
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GAINS SHARE. At any time during the Term, the Service Provider may make a proposal to a Contracting Body and the Authority for a new or different way of providing the Services ("Proposal"). Any Proposal must clearly state that it is submitted for consideration under this gains share provision and shall include: a business case for the new or different way the Service Provider intends to provide the Services; the potential direct and indirect cost savings for the Service Provider and the Contracting Body; the potential direct and indirect costs which might be incurred by the Service Provider and the Contracting Body; the potential benefit(s) (financial or otherwise) to the Service Provider and the Contracting Body; the gains share ratio. The Service Provider, the Contracting Body and the Authority shall meet to discuss the Proposal and shall attempt to agree the investment (financial or otherwise) to be contributed by the Service Provider and the Contracting Body, the estimated amount of savings, the gains share ratio, the timing of any payments or adjustments and the proportion of the costs and losses to be borne by the Service Provider and the Contracting Body should the Proposal be aborted or not meet its financial objectives. The Service Provider shall then submit a revised Proposal to the Contracting Body and the Authority. The Contracting Body shall assess the Proposal in conjunction with the Authority and shall, in writing within one (1) Month (or such other time as agreed between the Parties), either accept it in principle, reject it or offer recommendations or refinements in order for the Service Provider to submit a revised Proposal. If and when the Proposal is accepted in principle by the Contracting Body and the Authority and such agreement is put in writing, the Service Provider shall formulate an implementation plan which shall set out in more detail the way in which the Service Provider intends that the Proposal shall be implemented and the timetable for payments or adjustments to any element of the prices paid in accordance with the agreed gains share ratio ("Gains Share Implementation Plan"). Once the Gains Share Implementation Plan has been agreed between the Parties and the Contracting Body, the Service Provider shall implement the Proposal in accordance with the plan and the Service Provider and the Contracting Body shall comply with any obligations they have assumed, including adjustments to the prices paid and obligations to make payments. In each ...
GAINS SHARE. 1At any time during the Term, the Supplier may make a proposal to Other Contracting Bodies and the Authority for a new or different way of providing the Goods and Services (“Proposal”). Any Proposal must clearly state that it is submitted for consideration under this gains share provision and shall include:
GAINS SHARE. 3.1 At any time during the Term, the Supplier may where the same is not contrary to the law that governs public procurement, make a proposal to a Contracting Body and the Authority for a new or different way of providing all or any of the Services (a "Proposal"). Any Proposal must clearly state that it is submitted for consideration under this gains share provision and shall include:
3.1.1 a business case for the new or different way the Supplier intends to provide the Services;
3.1.2 the potential direct and indirect cost savings for the Supplier and the Contracting Bodies;
3.1.3 the potential direct and indirect costs which might be incurred by the Supplier and the Contracting Bodies;
3.1.4 the potential benefit(s) (financial or otherwise) to the Supplier and the Contracting Bodies; and
3.1.5 the gains share ratio.
3.2 The Supplier, the Contracting Body and the Authority shall meet to discuss the Proposal and shall attempt to agree the investment (financial or otherwise) to be contributed by the Supplier and the Contracting Body, the estimated amount of savings, the gains share ratio, the timing of any payments or adjustments and the proportion of the costs and losses to be borne by the Supplier and the Contracting Body should the Proposal be aborted or not meet its financial objectives. The Supplier shall then submit a revised Proposal to the Contracting Body and the Authority.