Continuing Contract Performance. Pending final resolution of a Claim including litigation, unless otherwise agreed in writing the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents.
Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. The Architect will prepare Change Orders and issue Certificates for Payment in accordance with the decisions of the Initial Decision Maker.
Continuing Contract Performance. Pending final resolution of a Dispute or Claim, including, negotiation, mediation, arbitration, or litigation, the Contractor shall proceed diligently with performance of the Contract, and the District shall continue to make any undisputed payments in accordance with the Contract (less any withholdings or offsets). If the Claim is not resolved, Contractor agrees it will neither rescind the Contract nor stop the progress of the work, but Contractor’s sole remedy shall be to submit such controversy to determination by a court of competent jurisdiction in the county where the Project is located, after the Project has been completed, and not before.
Continuing Contract Performance. During the pendency of any dispute or claim the parties shall proceed diligently with performance of this Agreement and such dispute or claim shall not constitute an excuse or defense for a party’s nonperformance or delay.
Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Subparagraph 9.7.1 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments on Work unrelated to the claim in accordance with the Contract Documents. 4.3.4 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are (1) subsurface or 70 otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or in the Geo- technical report or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist This Agreement is based closely upon the American Institute of Architects 1997 Edition of AIA Document A201, “General Conditions of the Contract for Construction”. AIA has not granted specific authorization for this use, nor has Mohave Community Colleges requested such use. MCC pays an annual license fee for unlimited use of all AIA documents. Our use is intended to be an edited version of the AIA standard documents and not intended to override or avoid copyright or other use of their documents. and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 three
Continuing Contract Performance. Pending the final resolution of a Claim, except as otherwise agreed in writing, Architect shall proceed diligently with performance of this Agreement and City shall continue to make payments in accordance with this Agreement.
Continuing Contract Performance. Notwithstanding any Claim, dispute, controversy, or question that might arise in the interpretation of any provision of the Design-Build Documents, the performance of any Work, the delivery of any material, the payment of any monies to Design-Builder, or otherwise, Design-Builder agrees that it will not directly or indirectly stop or delay any Work or part thereof on its part required to be performed, nor will it stop or delay the delivery of any materials on its part required to be furnished for the Work, pending the determination of such Claim, dispute, or controversy so long as Owner pays Design-Builder for undisputed amounts in accordance with this Agreement.
Continuing Contract Performance. Contractor, in the event of any dispute, Claim or controversy with Owner over any matter whatsoever, shall not cause any delay or cessation in Contractor’s Work and shall proceed with all Work called for in the Contract Documents and/or required to complete the Project.
Continuing Contract Performance. Pending final resolution of a Claim, except as oth or as provided in Section 9.7 and Article 13, the Design-Builder shall proceed diligently wit Contract and the Owner shall continue to make payments of undisputed amounts in accorda Build Documents. eed in writing nce of the e Design-
Continuing Contract Performance. The Subcontractor shall carry on the Work and maintain the Schedule of Work pending final resolution of a Claim, including arbitration, unless the Subcontractor has been terminated or the Work suspended as provided for in the Contract, or the parties otherwise agree in writing to a partial or total suspension of the Work. If the Subcontractor is continuing to perform in accordance with this Contract, the Contractor may continue to make undisputed payments in accordance with the terms of the Contract.
