Common use of Duty to Proceed Clause in Contracts

Duty to Proceed. No dispute under the Contract Documents, including those relating to the entitlement, cost, or time associated with a contemplated change or Design-Builder request for equitable adjustment under Section 8.6, shall interfere with the progress of the Work and Owner shall continue to satisfy its payment obligations to Design-Builder pending the final resolution of any dispute or disagreement. Design-Builder shall have the duty diligently to proceed with the Work in accordance with Owner’s instructions despite any dispute or claim, including those events where the Parties are in disagreement as to whether instructions from Owner constitute a valid claim or change to the Contract Documents and justify adjustments to the Contract Sum or Guaranteed Completion Date(s). Design- Builder’s sole recourse in the event of a dispute will be to pursue its rights under Article 11.

Appears in 7 contracts

Samples: Design Build Agreement, Design Build Agreement, Design Build Agreement

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