Continuity of Performance. In the event of a dispute between the Party and the State, each party will continue to perform its obligations under this Agreement during the resolution of the dispute until this Agreement is terminated in accordance with its terms.
Continuity of Performance. Unless otherwise agreed in writing, the Parties shall continue to perform under this Agreement during the course of dispute resolution under this Article XXII with respect to all matters not subject thereto.
Continuity of Performance. During the pendency of the dispute resolution proceedings described in this Article 11, Metavante shall continue to provide the Services so long as Customer shall continue to pay all undisputed amounts to Metavante in a timely manner.
Continuity of Performance. During the pendency of the dispute resolution proceedings described in this Article 15, M&I shall continue to provide the Services so long as Customer shall continue to pay all undisputed amounts to M&I in a timely manner.
Continuity of Performance. The Department and Union share a mutual objective of maintaining high-quality efficient and effective fire and life safety services to the community. Accordingly, the Department and Union shall meet regularly, and work cooperatively, to reduce costs while maintaining service effectiveness.
Continuity of Performance. Unless otherwise mutually agreed in writing, the parties will continue to honor all other commitments under this Agreement, the Master Separation Agreement and each Ancillary Agreement during the course of dispute resolution pursuant to the provisions of this Article 8 with respect to all matters not subject to such dispute, controversy or claim.
Continuity of Performance. As a banking entity, Lender is obligated to assure the safety, soundness, and continuity of certain essential daily functions. Servicer acknowledges that its or its Subcontractors’ performance of the obligations set forth on Schedule 3.03 attached hereto are critical to the systems, applications, software, hardware, products, and services which are, in Lender’s reasonable determination, necessary for Lender to carry out its daily operations (“Essential Daily Functions”) of Lender (including its Affiliates). Lender will update Schedule 3.03 as necessary which update will be binding upon Servicer upon 30 days’ prior written notice. Accordingly, any provisions to the contrary contained in this Origination Agreement or any other agreement between the Parties notwithstanding, Servicer shall not interrupt or cease providing such services to the extent the same are necessary to Lender’s Essential Daily Functions, as determined by Lender in its reasonable discretion and as Lender notifies Servicer, whether or not based on any asserted breach of this Origination Agreement by Lender. Further, any provisions to the contrary contained in this Origination Agreement or any other agreement between the Parties notwithstanding, Servicer shall have no right to, and shall not seek or obtain an injunction, specific performance, or other equitable relief that in any way would limit Lender’s right to use the services which are necessary for such Essential Daily Functions or which are required to be maintained by Lender to comply with applicable Laws. Servicer acknowledges and agrees that Lender’s remedies for breach of this Origination Agreement relating to the provision of Essential Daily Functions shall be limited to (a) equitable relief that does not have the effect of interrupting such functions, or (b) monetary damages. Servicer acknowledges that it has waived its right to seek equitable relief that will interrupt such Essential Daily Functions and agrees not to seek any such equitable relief. If the services provided by Servicer are necessary for the Essential Daily Functions of Lender, Servicer assumes an independent obligation to continue performance of its obligations hereunder related to the Essential Daily Functions regardless of any dispute (including a non-monetary material breach by Lender) which may arise between Lender and Servicer. Such independent obligation of Servicer shall continue until final resolution of the dispute, provided that during such period Lend...
Continuity of Performance. OneNeck acknowledges that the provision of the Services is critical to the business and operations of Client. Accordingly, in the event of a dispute between the Parties, during the pendency of the dispute resolution proceedings described in this Section 13, OneNeck shall continue to provide the Services and Client shall continue to pay any undisputed amounts to OneNeck.
Continuity of Performance. 39 22.03 EXPEDITED DISPUTE RESOLUTION...................................................................39
Continuity of Performance. Except where clearly prevented by the nature of the dispute or in the event of EMW's breach of its payment obligations, IBM and EMW agree to continue performing their respective obligations under this Agreement while a dispute is being resolved.
