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.
Appears in 17 contracts
Continuing Contract Performance. Pending final resolution of a Claim including litigationClaim, unless except as otherwise agreed in writing or as provided in Section 9.7 and Article 13, the Contractor Design-Builder shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Design-Build Documents.
Appears in 15 contracts
Samples: Design Build Construction Agreement, The Agreement, Agreement
Continuing Contract Performance. Pending final resolution of a Claim including litigationClaim, unless except as otherwise agreed in writing 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.
Appears in 10 contracts
Samples: Agreement, www.bidnet.com, www.bidnet.com
Continuing Contract Performance. Pending final resolution of a Claim including litigation, unless otherwise agreed in writing claim the Prime Contractor shall proceed diligently with performance of the Contract Work and the Owner shall continue to make payments in accordance with the Contract Documents.
Appears in 9 contracts
Samples: Contract by and Between, lfpubweb.cityofdenton.com, lfpubweb.cityofdenton.com
Continuing Contract Performance. Pending the final resolution of a Claim including litigationClaim, unless except as otherwise agreed in writing the Contractor writing, Consultant shall proceed diligently with performance of the Contract this Agreement and the Owner City shall continue to make payments in accordance with the Contract Documentsthis Agreement.
Appears in 9 contracts
Samples: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement
Continuing Contract Performance. 15.1.4.1 Pending final resolution of a Claim including litigationClaim, unless except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents.
Appears in 9 contracts
Samples: Remodeling Agreement, www.gov.bm, www.gov.bm
Continuing Contract Performance. Pending final resolution of a Claim including litigationClaim, unless except as otherwise agreed in writing the Contractor writing, Consultant shall proceed diligently with performance of the Contract Agreement and the Owner City shall continue to make payments in accordance with the Contract Documentsthis Agreement.
Appears in 8 contracts
Samples: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement
Continuing Contract Performance. Pending final resolution of a Claim including litigationClaim, unless otherwise agreed in writing writing, the Trade Contractor shall proceed diligently with performance of the Contract its Trade Contractor Work, and the Owner Authority shall continue to make payments in accordance with the Trade Contract Documents. In the event the Trade Contractor fails to diligently proceed with its Trade Contractor Work during a period of dispute resolution, the Authority may procure necessary replacement services or work and back-charge all associated costs to the non-performing party.
Appears in 7 contracts
Samples: Trade Contract Agreement, Trade Contract Agreement, Trade Contract Agreement
Continuing Contract Performance. Pending final resolution of a Claim including litigationClaim, unless except as otherwise agreed in writing writing, the Contractor Vendor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents.
Appears in 6 contracts
Samples: resources.finalsite.net, www.gov.bm, cms4files1.revize.com
Continuing Contract Performance. Pending final resolution of a Claim including litigationClaim, unless except as otherwise agreed in writing or as provided in Article 12 of this Exhibit A, the Contractor Construction Manager shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract DocumentsDocuments for that Work which is not in dispute.
Appears in 5 contracts
Samples: Agreement, Construction Management Services, agenda.brevardschools.org
Continuing Contract Performance. Pending final resolution of a Claim claim, including litigation, unless otherwise agreed directed by LCOG in writing writing, the Contractor shall proceed diligently with performance of the Contract and the Owner LCOG shall continue to make payments in accordance with the Contract DocumentsContract.
Appears in 4 contracts
Samples: Sample Contract, Pro Forma Contract, Pro Forma Contract
Continuing Contract Performance. Pending final resolution of a Claim including litigation, unless otherwise agreed in writing claim the Contractor shall proceed diligently with performance of the Contract Work and the Owner shall continue to make payments in accordance with the Contract Documents.
Appears in 2 contracts
Continuing Contract Performance. Pending final resolution of a Claim including litigationClaim, unless except as otherwise agreed directed by Owner in writing the or provided in Paragraph 9.7.1 and Article 14, Contractor shall proceed diligently with performance of the Contract Contract, and the Owner shall continue to make approved payments in accordance with the Contract Documents.
Appears in 2 contracts
Samples: County Services Contract Contract, Recording Stamp Only
Continuing Contract Performance. Pending final resolution of a Claim including litigation, unless otherwise agreed in writing 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.
Appears in 2 contracts
Samples: Continuing Service Contract Architectural and Engineering Services, www.osceolaschools.net
Continuing Contract Performance. Pending final resolution of a Claim claim, including litigation, unless otherwise agreed directed by LTD in writing writing, the Contractor shall proceed diligently with performance of the Contract and the Owner LTD shall continue to make payments in accordance with the Contract DocumentsContract.
Appears in 2 contracts
Samples: Professional Services Contract, www.bidnet.com
Continuing Contract Performance. Pending final resolution of a Claim including litigation, unless except as otherwise agreed in writing or as otherwise provided in the Contract Documents, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make undisputed payments in accordance with the Contract Documents.
Appears in 2 contracts
Samples: Owner Contractor Agreement, Owner Contractor Agreement
Continuing Contract Performance. Pending final resolution of a Claim including litigationarbitration, 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.
Appears in 2 contracts
Samples: Agreement, Agreement (Symantec Corp)
Continuing Contract Performance. Pending final resolution of a Claim including litigationClaim, unless except as otherwise agreed in writing or as provided in Subparagraph 9.7.1 and Article 14, the Contractor Construction Manager shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents.
Appears in 2 contracts
Samples: Agreement (Chukchansi Economic Development Authority), Chukchansi Economic Development Authority
Continuing Contract Performance. Pending final resolution of a Claim including litigationClaim, unless except as otherwise agreed in writing or as provided in Section 9.7 and Article 13, the Contractor Design-Builder shall proceed diligently with performance of the Contract and the Owner shall continue to make undisputed payments in accordance with the Contract Design-Build Documents.
Appears in 2 contracts
Samples: resources.finalsite.net, www.eisd.org
Continuing Contract Performance. Pending final resolution of a Claim including litigationClaim, unless except as otherwise agreed in writing or as provided in Section 9.7 and Section 13.2.1, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents.
Appears in 2 contracts
Samples: Procurement, and Construction Agreement, , and Construction Agreement
Continuing Contract Performance. Pending final resolution of a Claim including litigationor any other claim, unless otherwise agreed in writing dispute or controversy, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments as to undisputed amounts in accordance with the Contract Documents.
Appears in 1 contract
Samples: Agreement (Windsor Woodmont Black Hawk Resort Corp)
Continuing Contract Performance. Pending final resolution of a Claim including litigationClaim, unless otherwise agreed in writing 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.
Appears in 1 contract
Samples: www.spotsylvania.k12.va.us:443
Continuing Contract Performance. Pending final resolution of a Claim including litigation, unless 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 to Contractor, including any direct cost of the Contractor, related to disputed claims in accordance with the Contract DocumentsSection 7.3.6.
Appears in 1 contract
Samples: Empire Resorts Inc
Continuing Contract Performance. Pending final resolution of a Claim including litigationClaim, unless except as otherwise agreed in writing 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.. out of or relating to this
Appears in 1 contract
Samples: www.wiltonct.org
Continuing Contract Performance. Pending final resolution of a Claim including litigation, 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.
Appears in 1 contract
Samples: Agreement (Digex Inc/De)
Continuing Contract Performance. Pending final resolution of a Claim including litigationClaim, unless except as otherwise agreed in writing writing, the Contractor shall proceed diligently with wit g out of or relating to this e, pr or performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents.
Appears in 1 contract
Samples: www.gov.bm
Continuing Contract Performance. Pending final resolution of a Claim including litigationclaim, unless except as otherwise agreed in writing or as provided in Section 4.1 and Article 12, the Contractor shall will proceed diligently with performance of the Contract and the Owner shall will continue to make payments in accordance with the Contract Documents.
Appears in 1 contract
Continuing Contract Performance. 15.1.4.1 Pending final resolution of a Claim including litigationClaim, unless except as otherwise agreed in writing or as provided in Section 9.7, as amended, and Article 14, as amended, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make undisputed payments for Work performed in accordance with the Contract Documents.
Appears in 1 contract
Samples: agenda.webbcountytx.gov:8085
Continuing Contract Performance. Pending final resolution of a Claim including arbitration or litigation, unless otherwise agreed directed by the Owner in writing 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 Owner agrees to pay any Claim upon and in accordance with the final and nonappealable resolution of the Claim.
Appears in 1 contract
Samples: Construction Contract (National Instruments Corp /De/)
Continuing Contract Performance. Pending final resolution of a Claim including litigation, unless except as otherwise agreed in writing or as provided in Section A.9.7.1 and Article A.14, the Contractor Design-Builder shall proceed diligently with performance of the Contract and the Owner Design-Builder shall continue to make payments in accordance with the Contract Documents.
Appears in 1 contract
Samples: Badger State Ethanol LLC
Continuing Contract Performance. Pending final resolution of a Claim Claim, dispute or other matter in questions governed by this Article 21, including litigationbut not limited to resolution through mediation, unless agreed otherwise agreed in writing the Contractor shall proceed diligently continue performance in accordance with performance of the Contract this Agreement and the Owner shall continue to make in a timely manner its payments in accordance with the Contract Documentsaccording to this Agreement.
Appears in 1 contract
Samples: homeforward.org
Continuing Contract Performance. Pending final resolution of a Claim including litigationarbitration, 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, except for the amounts to be in dispute.
Appears in 1 contract
Samples: Guaranteed Maximum Price Construction Agreement (Gaylord Entertainment Co /De)
Continuing Contract Performance. Pending final resolution of a Claim including litigationClaim, unless otherwise agreed in writing or as provided in Sub-paragraph 9.7.1 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents.
Appears in 1 contract
Samples: Architectural Services Agreement
Continuing Contract Performance. Pending final resolution of a Claim including litigation, unless claim except as otherwise agreed in writing 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.
Appears in 1 contract
Samples: Gorge Community College Small Construction Projects Contract
Continuing Contract Performance. Pending final resolution of a Claim including litigationClaim, unless 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 55 continue to make payments on Work unrelated to the claim in accordance with the Contract Documents.
Appears in 1 contract
Samples: procurement.maricopa.edu
Continuing Contract Performance. Pending final resolution of a Claim including litigationany claim under this Contract, unless otherwise agreed in writing the Contractor CONTRACTOR shall proceed diligently with performance of the Contract and the Owner OWNER shall continue to make payments in accordance with the Contract Documentscontract.
Appears in 1 contract
Continuing Contract Performance. Pending final resolution of a Claim including litigation, unless 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 in accordance with the Contract DocumentsContract.
Appears in 1 contract
Samples: Form of Agreement
Continuing Contract Performance. Pending final resolution of a Claim claim, including litigation, unless otherwise agreed directed by RFTA in writing writing, the Contractor CONTRACTOR shall proceed diligently with performance of the Contract and the Owner RFTA shall continue to make payments in accordance with the Contract DocumentsContract.
Appears in 1 contract
Samples: Pro Forma Contract
Continuing Contract Performance. Pending final resolution of a Claim Claim, including litigation, unless otherwise agreed in writing 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.
Appears in 1 contract
Samples: Agreement (Digex Inc/De)
Continuing Contract Performance. Pending final resolution of a Claim including litigationClaim, unless except as otherwise agreed in writing the Contractor writing, Xxxxxxx shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Design-Build Documents.
Appears in 1 contract
Samples: Agreement (Farmer Brothers Co)
Continuing Contract Performance. Pending final resolution of a Claim including litigation, unless except as otherwise agreed in writing or as provided in Section 9.7.1 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents.
Appears in 1 contract
Continuing Contract Performance. Pending final resolution of a Claim including litigation, unless otherwise agreed in writing 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.
Appears in 1 contract
Samples: www.osceolaschools.net
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 payment in accordance with the Contract Documents.
Appears in 1 contract
Samples: 00500 Agreement
Continuing Contract Performance. Pending final resolution of a Claim including litigationClaim, unless otherwise agreed in writing writing, the Contractor shall proceed diligently with performance of the Contract and the Owner University shall continue to make payments in accordance with the Contract Documents subject to the University's rights relative to payments, withholding of payments, termination, or all other rights afforded it in the Contract Documents.
Appears in 1 contract
Samples: www.forms.procurement.wayne.edu
Continuing Contract Performance. Pending final resolution of a Claim including litigationClaim, unless except as otherwise agreed in writing the writing, Contractor shall proceed diligently with performance of the Contract and the Owner City shall continue to make payments in accordance with the Contract Documents. The Contract Price and Contract Time shall be adjusted in accordance with the resolution of the Claim, subject to the right of either party to proceed in accordance with this section.
Appears in 1 contract
Samples: Agreement
Continuing Contract Performance. Pending final resolution of a Claim including litigationClaim, unless and except as otherwise agreed in writing the writing, Contractor shall proceed diligently with performance of the Contract and maintain Contractor’s Construction Schedule, and the Owner shall continue to make payments in accordance with the Contract Documents.
Appears in 1 contract
Samples: Public Works Contract