If the Navy fails to act, the defense secretary and Congress must make this decision in order to preserve future critical contingency options for the commander in chief.

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Mr Walsh had ruled out intervening in disciplinary matters in order to call off the strike, saying that contingency plans were now in place, aimed at running the majority of flights during the strike dates.

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The Royal Navy works with what the military call Mission Command, which sets out the intent, strategy, resources, contingency and inspiration for any large-scale activity (it actually derives from Nelson's order of battle set out a month before Trafalgar).

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Brickman says the contingency fee also has perverse effects similar to stock options, which drove executives to fudge the numbers in order to increase their pay.

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