Common use of Performance while Dispute is Pending Clause in Contracts

Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the CONTRACTOR must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the CONTRACTOR fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by ETCOG and/or its MEMBERS as a result of such failure to proceed will be borne by the CONTRACTOR.