Alternative Solutions Clause Samples

Alternative Solutions. The parties recognize that there may be various solutions to a specific aspect of the Project (including the technology built into the System). DBS will propose solutions which it reasonably believes will best meet the needs of the LLC Group while complying with the defined scope of work. If LLC or the Eurex Entities, respectively, reject a proposed solution that meets all of the requirements of this Agreement in favor of an alternative, DBS will inform LLC or the Eurex Entities, respectively, in writing within two weeks of receipt of the alternative proposal about any anticipated increased costs or delay and, if appropriate, additional resources which are required, as well as all anticipated problems with the solution selected by LLC or the Eurex Entities, respectively, such as impact on service levels. If the parties cannot reach agreement either at the operational level or after discussing the matter in the Steering Committee, LLC or the Eurex Entities, respectively, can insist on its alternative solution. In this event, DBS will be obliged to perform the work on the alternative solution once a corresponding Change Request, in which LLC or the Eurex Entities, respectively, agrees to compensate DBS for such work in accordance with the then-applicable DBS Catalogue of Prices (see, Clause 9.2), has been signed by LLC or the Eurex Entities, respectively. The obligation of DBS to perform work under such a Change Request is subject to the condition precedent that DBS has reasonable access to the additional resources set forth in the notice submitted to LLC or the Eurex Entities, respectively, under sentence 3. Notwithstanding LLC's or the Eurex Entities' insistence on their alternative solution, DBS remains responsible pursuant to Clause 3.1 for the successful completion of work under this Agreement. (S) 7

Alternative Solutions. The parties recognize that there may be various solutions to a specific aspect of the Project (including the technology built into the System). DBS will propose solutions which it reasonably believes will best meet the needs of the LLC Group while complying with the defined scope of work. If LLC rejects a proposed solution that meets all of the requirements of this Agreement in favor of an alternative, DBS will inform LLC in writing within two weeks of receipt of the alternative proposal about any anticipated increased costs or delay and, if appropriate, additional resources which are required, as well as all anticipated problems with the solution selected by LLC such as impact on service levels. If the parties cannot reach agreement either at the operational level or after discussing the matter in the Steering Committee, LLC can insist on its alternative solution. In this event, DBS will be obliged to perform the work on the alternative solution once a corresponding Change Request, in which LLC agrees to compensate DBS for such work in accordance with the then-applicable DBS Catalogue of Prices (see, Clause 9.2), has been signed by LLC. The obligation of DBS to perform work under such a Change Request is subject to the condition precedent that DBS has reasonable access to the additional resources set forth in the notice submitted to LLC under sentence 3. Notwithstanding LLC's insistence on its alternative solution, DBS remains responsible pursuant to Clause 3.1 for the successful completion of work under this Agreement.

Alternative Solutions. Summary of alternative solutions studied by the candidate country: Reasons why the competent national authorities have concluded that there is absence of alternative solutions

Alternative Solutions. If applicable law and regulations of the Beneficiary's state of residence make delivery of ALCAN Shares impossible in fact or in law, ▇▇▇▇▇ agrees to offer to the Beneficiary an alternative solution allowing the maintenance, for the Beneficiary, of the economic equilibrium resulting from Formula One provided FOR in this Liquidity Agreement. ▇▇▇▇▇ shall keep BNP promptly informed of the foregoing. Assumptions used: - Number of Pechiney Shares Subscribed for or Acquired ("NPSSA") by exercise of Options: 500 Pechiney Shares - Cash amount ("CA") delivered in connection with the Offer for one ▇▇▇▇▇▇▇▇ Share: € 25.60 - Average Value ("AV") of Alcan Shares finally used in connection with the Offer: € 35.00 - Reference Value ("RV") of Alcan Shares finally used in connection with the Offer (the greater of € 27.40 or the above-described Average Value): € 35.00 € - Number of Alcan Shares Offered ("NASO") in connection with the Offer for one PECHINEY Share: 0.6543 ALCAN Share. On the basis of these assumptions, the following number of Shares to be delivered ("NASR") under Formula One: [ € 25.60 + (0.6543 x € 35.00) ] x 500 Pechiney Shares = 692.8643 ALCAN Shares rounded up to 693 ALCAN Shares € 35.00 2.1 - Beneficiary's waiver of Options (Pechiney Shares). By signing and returning to PECHINEY the Acceptance Form to this Liquidity Agreement, the Beneficiary shall be deemed to have irrevocably waived the Options granted to him/her under each Options Plan with respect to which he/she will have elected Formula Two and will irrevocably instruct PECHINEY to have such Options cancelled by BNP. On the other hand, ALCAN irrevocably undertakes to grant to the Beneficiary new options enabling him/her to subscribe for or acquire ALCAN Shares, that (i) will contain all of the characteristics provided for under the Options Plan with respect to which the Beneficiary will have elected Formula Two and (ii) will thus be exercisable during a period corresponding to the unexpired term of the Exercise Period of the Options concerned (the "New Options"). 2.2 - Exercise price of the New Options. For each Options Plan with respect to which the Beneficiary will have elected Formula Two, ALCAN will grant to the Beneficiary New Options enabling him/her to subscribe for, or acquire, ALCAN Shares on the basis of one (1) ALCAN Share for one (1) New Option, at a price per ALCAN Share calculated as follows, such price to be then rounded down to the nearest Euro cent: EPAO = ( AV ) x EPPO where "EPAO...

Alternative Solutions. If the Contractor suggests improvements or alternative solutions which will be to the benefit of NT, or both parties, he shall send NT a request for a Variation Order in accordance with clause 15.3.

Alternative Solutions. If alternative solutions are offered, the information should be submitted in the same format as a standard proposed response but must be clearly marked as an “Alternative Proposal”. If a proponent submits more than one proposal each must be separately and uniquely identified.

Alternative Solutions. Offer the Licensee a substitute or alternative Software solution that is non- infringing, of equivalent functionality, and acceptable to the Licensee. If no such solution is feasible, the Licensor may terminate the Agreement according to the termination provisions herein, with any pre-paid fees for the unused portion of the Term to be refunded to the Licensee.