Continuation of Services During Dispute. If there is a dispute between the A/E and HISD respecting any service provided or to be provided hereunder by the A/E, including a dispute as to whether such service is a Basic Service or Additional Service, the A/E agrees to continue providing on a timely basis all services to be provided by the A/E hereunder, including any service as to which there is a dispute.
Continuation of Services During Dispute. Unless otherwise agreed in writing, and notwithstanding any other rights or obligations of either of the parties under this Agreement, A/E shall carry on with the performance of its duties, responsibilities and the Services hereunder during the pendency of a Claim, even if submitted to mediation or litigation, unless either party properly terminates this Agreement, or unless Owner fails to continue to make undisputed payments to A/E in accordance with this Agreement. Similarly, Owner shall continue to make undisputed payments to A/E in accordance with this Agreement, subject to the exercise of any right Owner has to withhold payments for the reasons set forth in this Agreement, and unless A/E fails to continue its performance, including during the pendency of a claim, dispute, or other matter in question as set forth above.
Continuation of Services During Dispute. Construction Manager shall continue to perform its obligations hereunder, pursue performance of the Services and prosecution of the Work, and maintain the Project Schedule and applicable GMP during any claim, dispute, or proceeding between the parties hereto as if such claim, dispute, or proceeding had not been instituted, provided that Owner continues to make payments to Construction Manager as required under this Agreement for Work that is not the subject of any dispute.
Continuation of Services During Dispute. 4.1. If a dispute arises between SPAC and Consultant with respect to Consultant’s compensation or any other term of this Agreement, Consultant shall continue to fully perform under this Agreement provided only that SPAC makes timely payment of fees and reimbursements not in dispute and due in accordance with this Agreement. In the event Consultant breaches the terms of this Section 4.1, and notwithstanding anything to the contrary herein, Consultant shall be liable for all direct, indirect, and consequential damages sustained by SPAC as a result of such breach.
