39.4 Performance Standard Benchmarking
39.4.1 Not less than [INSERT NUMBER] months before the second anniversary of the first Services Availability Date and [INSERT NUMBER] months before each [second] anniversary thereof during the Contract Period]157, the Authority shall instigate a Performance Standard Benchmarking Exercise in relation to the [Performance Standards numbered [x] in Schedule 1 (Authority's Requirements)] and thereafter the following provisions of this clause 39.4 (Performance Standard Benchmarking) shall apply.
39.4.2 The parties agree that any Performance Standard Benchmarking Exercise shall be carried out in good faith and each party shall act reasonably in relation to any such Performance Standard Benchmarking Exercise.
39.4.3 The Performance Standard Benchmarking Exercise shall be carried out in relation to the Authority's [function]].
39.4.4 The Authority shall carry out the Performance Standard Benchmarking Exercise at its own cost.
39.4.5 The purpose of the Performance Standard Benchmarking Exercise shall be to undertake an objective comparison of the relevant Performance Standard in relation to the Services with the attainment of the Performance Standard in relation to the same or a similar service by [comparator group].
39.4.6 If, in the Authority's reasonable opinion, the results of the Performance Standard Benchmarking Exercise disclose the Performance Standards may be improved having regard to the Best Value Duty, the Authority may serve a Low Value Change Request or an Authority Change Notice (as the case may be) upon the Contractor, stating the nature of the change to the Performance Standards which the Authority desires, and the provisions of Schedule 23 (Change Protocol) shall apply.
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157 Authority and Contractor to ensure a sensible link between the timing of the Performance Standard Benchmarking Exercise and the Market Testing Procedure detailed at Clause 27.