The alternative Sample Clauses

The alternative. Table 5 Correlation (d) Correlation between Age and promise to work enthusiastically on jobs which others would prefer not to do Age Promise to work enthusiastically on jobs which others would prefer not to do Age ▇▇▇▇▇▇▇ Correlation Co-efficient (r) 1 0.0183*
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The alternative. In conclusion and to answer the fourth and last research question, the thesis will briefly present the alternative way of resolving the issue in KKO 2013:84 in the light of the previous analysis. Chronologically following the research questions, the deduction begins by addressing the issue of requirement of written arbitration agreement, which, as a premise, would preclude arbitration with regard to the non-signatory if the letter of the law was interpreted accurately. However, as the argumentation above in Chapter 5.2.1 asserts, the previous strict interpretation of the written requirement is ill-suited to the modern business environment in which situations including non-signatory parties arise more and more 337 See supra Chapter 4.4.4. 338 See Article II (1) of the New York Convention. frequently. It lacks justification and has widely been replaced by freedom of the parties to decide on the form more freely. Furthermore, the more appropriate perception of the requirement would apply the strict requirement only to the initial creation of the arbitration agreement, not the subsequent determination of its ratione personae. Accordingly, after concluding that the letter of section 3 of the Finnish Arbitration Act does not create an obstacle, the deduction moves on to consider whether the signatories may validly set arbitration as a condition to the benefit they grant to the non-signatory. As stated in Chapter 5.3.2, the signatories do indeed have the right to place such conditions because, absent any restrictions by the law, it is essentially a question of freedom of contract concerning a unilateral stipulation by the signatories. The question of whether the non-signatory is bound is therefore determined by interpreting whether it was the signatories’ intention to bind him. The next step is to interpret the intent of both the signatories and the non-signatory. Discussed in Chapter 6.3.1, the interpretation, in addition to exploring the actual arbitration clause, relies heavily on presumptions and objective interpretation. The presumptions along with other considerations clearly support the intent of the signatories to bind the non- signatory. Therefore, in the absence of any proof whatsoever to the contrary, the signatories’ intent (as well as the aforementioned right to impose arbitration as an accessory) leads to the conclusion that the non-signatory is bound to arbitration.
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Related to The alternative

  • Alternative The provisions of Paragraph 5 will apply.

  • Alternative Warning ▇▇▇▇▇▇▇ may, but is not required to, use the alternative short-form warning as set forth in this § 2.3(b) (“Alternative Warning”) as follows: WARNING: Cancer and Reproductive Harm - ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇.

  • Alternatives The Redeployment Committee or where there is no consensus, the committee members shall propose alternatives to cutbacks in staffing to the Hospital's Chief Executive Officer and to the Board of Directors. At the time of submitting any plan concerning rationalization of services and involving the elimination of any position(s) or any layoff(s) to the District Health Council or to the Ministry of Health, the Hospital shall provide a copy, together with accompanying documentation, to the Union.

  • Loss Mitigation and Consideration of Alternatives (i) For each Single Family Shared-Loss Loan in default or for which a default is reasonably foreseeable, the Assuming Institution shall undertake reasonable and customary loss mitigation efforts, in accordance with any of the following programs selected by Assuming Institution in its sole discretion, Exhibit 5 (FDIC Mortgage Loan Modification Program), the United States Treasury's Home Affordable Modification Program Guidelines or any other modification program approved by the United States Treasury Department, the Corporation, the Board of Governors of the Federal Reserve System or any other governmental agency (it being understood that the Assuming Institution can select different programs for the various Single Family Shared-Loss Loans) (such program chosen, the “Modification Guidelines”). After selecting the applicable Modification Guideline for each such Single Family Shared-Loss Loan, the Assuming Institution shall document its consideration of foreclosure, loan restructuring under the applicable Modification Guideline chosen, and short-sale (if short-sale is a viable option) alternatives and shall select the alternative the Assuming Institution believes, based on its estimated calculations, will result in the least Loss. If unemployment or underemployment is the primary cause for default or for which a default is reasonably foreseeable, the Assuming Institution may consider the borrower for a temporary forbearance plan which reduces the loan payment to an affordable level for at least six (6) months. (ii) Losses on Home Equity Loans shall be shared under the charge-off policies of the Assuming Institution’s Examination Criteria as if they were Single Family Shared-Loss Loans. (iii) Losses on Investor-Owned Residential Loans shall be treated as Restructured Loans, and with the consent of the Receiver can be restructured under terms separate from the Exhibit 5 standards. Please refer to Exhibits 2(a)(1)-(2) for guidance in Calculation of Loss for Restructured Loans. Losses on Investor-Owned Residential Loans will be treated as if they were Single Family Shared-Loss Loans. (iv) The Assuming Institution shall retain its loss calculations for the Shared Loss Loans and such calculations shall be provided to the Receiver upon request. For the avoidance of doubt and notwithstanding anything herein to the contrary, (x) the Assuming Institution is not required to modify or restructure any Shared-Loss Loan on more than one occasion and (y) the Assuming Institution is not required to consider any alternatives with respect to any Shared-Loss Loan in the process of foreclosure as of the Bank Closing if the Assuming Institution can document that a loan modification is not cost effective and shall be entitled to continue such foreclosure measures and recover the Foreclosure Loss as provided herein, and (z) the Assuming Institution shall have a transition period of up to 90 days after Bank Closing to implement the Modification Guidelines, during which time, the Assuming Institution may submit claims under such guidelines as may be in place at the Failed Bank.

  • Leasing or Alternative Financing Methods The procurement and other applicable laws of some Purchasing Entities may permit the use of leasing or alternative financing methods for the acquisition of Products under this Master Agreement. Where the terms and conditions are not otherwise prescribed in an applicable Participating Addendum, the terms and conditions for leasing or alternative financing methods are subject to negotiation between the Contractor and Purchasing Entity.