Common use of Alternative Solutions Clause in Contracts

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