Continued Performance. Each Party agrees to continue performing its obligations under the Agreement while a dispute is being resolved except to the extent the issue in dispute precludes performance (a dispute over payment shall not be deemed to preclude performance) and without limiting either Party’s right to terminate the Agreement as provided in Article 18.
Appears in 15 contracts
Samples: Fund Administration Support Services Agreement (Voya Enhanced Securitized Income Fund), Fund Administration Support Services Agreement (Voya MUTUAL FUNDS), Fund Administration Support Services Agreement (Voya Separate Portfolios Trust)
Continued Performance. Each Party agrees to continue performing its obligations under the this Agreement while a any dispute is being resolved except to unless and until such obligations are terminated by the extent the issue in dispute precludes performance (a dispute over payment shall not be deemed to preclude performance) and without limiting either Party’s right to terminate the Agreement as provided in Article 18termination or expiration of this Agreement.
Appears in 14 contracts
Samples: Master Information Technology Services Agreement (Invacare Corp), Master Professional Services Agreement (Accretive Health, Inc.), Master Professional Services Agreement (Accretive Health, Inc.)
Continued Performance. Each Party agrees to continue performing its obligations under the this Agreement while a any dispute is being resolved except to the extent the issue in dispute precludes performance (a dispute over payment shall not be deemed to preclude performance) and without limiting either Party’s right to terminate the Agreement performance except as provided in Article 18Section 11.5).
Appears in 6 contracts
Samples: Wireless Fiber Iru Agreement (Williams Communications Group Inc), Wireless Fiber Iru Agreement (Winstar Communications Inc), Wireless Fibersm Iru Agreement (Winstar Communications Inc)
Continued Performance. Each Party party agrees to continue performing its obligations under the Agreement this Contract while a dispute is being resolved except to the extent the issue in dispute precludes performance (a dispute with the Department over payment shall compensation will not be deemed to preclude performance) and without limiting either Partyany party’s right to terminate the Agreement as provided in Article 18this Contract for convenience or default.
Appears in 5 contracts
Samples: Standard Terms and Conditions, Standard Terms and Conditions, Standard Terms and Conditions
Continued Performance. Each Party party agrees to continue performing its obligations under the Agreement this Contract while a dispute is being resolved except to the extent the issue in dispute precludes performance (a dispute with the Department over payment compensation shall not be deemed to preclude performance) and without limiting either Partyparty’s right to terminate the Agreement as provided in Article 18this Contract for convenience or default.
Appears in 5 contracts
Samples: Contract, Contract, Standard Contract
Continued Performance. Each Party party agrees to continue performing its obligations under the this Agreement while a any dispute is being resolved except to the extent the issue in dispute precludes performance (a dispute over payment shall not be deemed to preclude performance) and without limiting either Party’s right to terminate the Agreement as provided in Article 18.
Appears in 5 contracts
Samples: Iru Agreement (Winstar Communications Inc), Iru Agreement (Winstar Communications Inc), Iru Agreement (Williams Communications Group Inc)
Continued Performance. Each Party agrees to continue performing its obligations under the this Agreement while a any dispute is being resolved except to the extent the issue in dispute precludes performance (performance; provided that a dispute over payment shall not be deemed to preclude performance) and without limiting either Party’s right to terminate the Agreement as provided in Article 18.
Appears in 4 contracts
Samples: Technology Sourcing Agreement (Synchrony Financial), Production Services Agreement (Synchrony Financial), Technology Sourcing Agreement (Synchrony Financial)
Continued Performance. Each Party agrees to continue performing its obligations under the this Agreement while a any dispute is being resolved except to the extent the issue in dispute precludes Supply Agreement Confidential - WinStar/Lucent 44 - performance (a dispute over payment shall not be deemed to preclude performance) and without limiting either Party’s right to terminate the Agreement as provided in Article 18).
Appears in 3 contracts
Samples: Supply Agreement (Winstar Communications Inc), Supply Agreement (Winstar Communications Inc), Supply Agreement (Winstar Communications Inc)
Continued Performance. Each Party agrees to continue performing its obligations under the Agreement while a any dispute is being resolved except to the extent the issue in dispute precludes performance (a dispute over payment shall not be deemed to preclude performance) and without limiting either Party’s right to terminate the Agreement as provided in Article 18).
Appears in 3 contracts
Samples: Services Agreement (Morgan Stanley Dean Witter & Co), Services Agreement (Morgan Stanley Dean Witter & Co), Master Services Agreement (Safety Kleen Corp/)
Continued Performance. Each Party agrees Except as otherwise directed by the other party with respect to the subject matter of the dispute, each party shall continue performing its obligations under the this Agreement while a dispute is being resolved except (and then only) to the extent the issue in dispute precludes performance (a dispute over payment shall not be deemed to preclude performance) and without limiting either Partyparty’s right to terminate the this Agreement as provided in Article 1819.
Appears in 3 contracts
Samples: Services Agreement (Capital One Auto Receivables LLC), Services Agreement (Capital One Financial Corp), Services Agreement (Capital One Funding, LLC)
Continued Performance. Each Party agrees to continue performing its obligations under the this Agreement while a dispute is being resolved except to the extent the issue in dispute precludes performance (a dispute over payment shall will not be deemed to preclude performance) and without limiting either Party’s right to terminate the this Agreement as provided in Article 1829.
Appears in 3 contracts
Samples: Information Technology Service Agreement (Hp Inc), Information Technology Service Agreement (Hewlett Packard Enterprise Co), Information Technology Service Agreement (Hewlett Packard Enterprise Co)
Continued Performance. Each Party party agrees to continue performing its obligations under the Agreement this Contract while a dispute is being resolved except to the extent the issue in dispute precludes performance (a dispute with the Department over payment shall compensation will not be deemed to preclude performance) and without limiting either Partyparty’s right to terminate the Agreement as provided in Article 18this Contract for convenience or default.
Appears in 2 contracts
Samples: E Payment Collection and Processing Services Contract, Standard Terms and Conditions
Continued Performance. Each Subject to Articles XV and XVI, each Party agrees to continue performing its obligations under the this Agreement while a any dispute is being resolved except to the extent the issue in dispute precludes performance (it being understood and agreed by the Parties that a dispute over payment shall not be deemed to preclude performance) and without limiting either Party’s right to terminate the Agreement as provided in Article 18).
Appears in 2 contracts
Samples: Credit Card Program Agreement (Macy's, Inc.), Credit Card Program Agreement (Federated Department Stores Inc /De/)
Continued Performance. Each Party agrees to continue performing its obligations under the Agreement Transaction Documents while a any dispute is being resolved except to the extent the issue in dispute precludes performance (a dispute over payment shall not be deemed to preclude performance) and without limiting either Party’s right to terminate the Agreement as provided in Article 18).
Appears in 2 contracts
Samples: Master Agreement (Wam Net Inc), Master Agreement (Savvis Communications Corp)
Continued Performance. Each Party party agrees to continue performing its obligations under the Agreement this agreement while a any dispute is being resolved except to the extent the issue in dispute precludes performance (a dispute over payment shall not be deemed to preclude performance) and without limiting either Party’s right to terminate the Agreement as provided in Article 18).
Appears in 2 contracts
Samples: Service Agreement, Service Level Agreement
Continued Performance. Each Except as otherwise directed by the other Party, each Party agrees to shall continue performing its obligations under the this Agreement while a dispute is being resolved except (and then only) to the extent the issue in dispute precludes performance (a dispute over payment shall not be deemed to preclude performance) and without limiting either Party’s right to terminate the this Agreement as provided in Article 1821.
Appears in 2 contracts
Samples: Services Agreement (Synchrony Financial), Services Agreement (Synchrony Financial)
Continued Performance. Each Party agrees to continue performing its obligations under the this Agreement while a any dispute is being resolved except to the extent the issue in dispute precludes performance (a dispute over payment shall not be deemed to preclude performance) and without limiting either Party’s right to terminate the Agreement as provided in Article 18).
Appears in 1 contract
Samples: Asset Purchase Agreement (Pomeroy Computer Resources Inc)
Continued Performance. Each Party agrees to continue performing its obligations under the this Agreement while a any dispute is being resolved resolved, except to the extent the issue in dispute precludes or substantially impairs performance or continued performance (a dispute provided over payment shall will not be deemed to preclude performance) and without limiting either Party’s right rights set forth in this Agreement to terminate the Agreement as provided in Article 18this Agreement.
Appears in 1 contract
Samples: Transportation Services Agreement
Continued Performance. Each Subject to Company continuing to comply with its obligations under Article 19 and Article 20 (including Section 20.8), each Party agrees to continue performing its obligations under the this Agreement while a dispute is being resolved except to the extent the issue in dispute precludes performance (a dispute over payment shall not be deemed to preclude performance) and without limiting either Party’s right to terminate the this Agreement as provided in Article 1829.
Appears in 1 contract
Continued Performance. Each Party agrees to continue performing its obligations under the this Agreement while a any dispute is being resolved except to the extent the issue in dispute precludes performance (a dispute over payment shall not be deemed to preclude performance) performance but a failure to pay undisputed amounts after notice and without limiting either Party’s right an opportunity to terminate the Agreement cure as provided in Article 18Subsection 22.1(b) shall permit discontinuance of Contractor's performance obligations solely with respect to the payment failure).
Appears in 1 contract
Samples: Gateway Terminal Development Production and Purchase Agreement (Viasat Inc)
Continued Performance. Each Party agrees to continue performing its obligations under the this Agreement while a dispute is being resolved resolved, except to the extent the issue in dispute precludes performance (a dispute over payment shall not be deemed to preclude performance) and without limiting either Party’s right to terminate the this Agreement as provided in Article 1825 or to not extend this Agreement pursuant to Article 3(b).
Appears in 1 contract
Samples: Investment Management and Accounting Services Agreement (Safeco Corp)
Continued Performance. Each Party agrees to continue performing its obligations under the this Agreement while a dispute is being resolved except to the extent the issue in dispute precludes performance (a dispute over payment shall not be deemed to preclude performance) and without limiting either Party’s right to terminate the Agreement as provided in Article 18this Agreement.
Appears in 1 contract
Samples: Vehicle Purchase and Supply Agreement (Workhorse Group Inc.)
Continued Performance. Each Party agrees to continue performing its obligations under the Agreement while a dispute Dispute is being resolved except to the extent performance is prevented by the other Party or the issue in dispute precludes performance (a dispute over payment performance. Nothing in this Section shall not be deemed to preclude performance) and without limiting limit either Party’s right to terminate as set forth in the Agreement as provided in Article 18Agree- ment.
Appears in 1 contract
Samples: Program Implementation Agreement
Continued Performance. Each Party agrees to continue performing its obligations under the this Agreement while a any dispute is being resolved except to the extent the issue in dispute precludes performance (a dispute over payment shall not be deemed to preclude performance) and without limiting either Party’s right to terminate the Agreement as provided in Article 18.
Appears in 1 contract
Samples: Master Supply Agreement (Diveo Broadband Networks Inc)
Continued Performance. Each Party agrees to continue performing its obligations under the this Agreement while a dispute is being resolved except to the extent the issue in dispute precludes performance (a dispute over payment shall not be deemed to preclude performance) and without limiting either Party’s right to terminate the Agreement as 's termination rights provided in Article 18ARTICLE 19.
Appears in 1 contract
Samples: Master Agreement for Outsourced Services (Voya Financial, Inc.)
Continued Performance. Each Subject to Article XV and XVI, each Party agrees to continue performing its obligations under the this Agreement while a any dispute is being resolved except to the extent the issue in dispute precludes performance (it being understood and agreed by the Parties that a dispute over payment shall not be deemed to preclude performance) and without limiting either Party’s right to terminate the Agreement as provided in Article 18).
Appears in 1 contract
Continued Performance. Each Party party agrees to continue performing its obligations under the Agreement Contract while a dispute is being resolved except to the extent the issue in dispute precludes performance (a dispute over payment shall not be deemed to preclude performance) and without limiting either Partyparty’s right to terminate the Agreement Contract as provided in Article 18Section 19 and 20, as the case may be.
Appears in 1 contract
Continued Performance. Each Party party agrees to continue performing its obligations under the Agreement while a during the pendency of any dispute is being resolved resolution process conducted in accordance with the provisions of this Exhibit, except to the extent the issue in dispute precludes performance (a for the avoidance of doubt dispute over payment or an invoice shall not be deemed not to preclude performance) and without limiting either Partyperformance of a party’s right to terminate obligations under the Agreement as provided in Article 18Agreement).
Appears in 1 contract
Continued Performance. Each Except as provided in Section 16.5, each Party agrees to continue performing its obligations under the this Agreement while a dispute is being resolved except to the extent the issue in dispute precludes performance (a dispute over payment shall not be deemed to preclude performance) and without limiting either Party’s Empire's right to terminate the this Agreement as provided in Article 18Section 14.
Appears in 1 contract
Samples: Software License and Support Agreement (Wellchoice Inc)
Continued Performance. Each Party agrees to continue performing its obligations under the this Country Agreement while a dispute is being resolved resolved, except to the extent the issue in dispute precludes performance (a dispute over payment shall not be deemed to preclude performance) and without limiting either Party’s right to terminate the this Country Agreement as provided in Article 1827.
Appears in 1 contract
Samples: Master Services Agreement for Finance & Accounting Services (Federal Mogul Corp)
Continued Performance. Each Party party agrees to continue performing its obligations under the this Agreement while a any dispute is being resolved except to the extent the issue in dispute precludes performance (a provided that any dispute over payment shall not be deemed to preclude performance) and without limiting either Party’s right to terminate the Agreement as provided in Article 18.
Appears in 1 contract
Samples: Systems Acquisition Agreement (Mobinetix Systems Inc)
Continued Performance. Each Party agrees to continue performing its obligations under the this Agreement while a dispute is being resolved pursuant to this Section 13 except to the extent the issue in dispute precludes performance (a dispute over payment shall must not be deemed to preclude performance) and without limiting either Party’s right to terminate the Agreement as provided in Article 18Section 13, as the case may be.
Appears in 1 contract
Samples: States’ Unclaimed Retirement Clearing House Participating State Agreement
Continued Performance. Each Party party agrees to continue performing its obligations under the this Agreement while a dispute is being resolved except to the extent the issue in dispute precludes performance (a dispute with the Department over payment compensation shall not be deemed to preclude performance) and without limiting either Partyparty’s right rights to terminate the this Agreement as provided in Article 18for convenience or default.
Appears in 1 contract
Samples: Special Deputy Receiver Agreement
Continued Performance. Each Party agrees The parties will continue to continue performing its perform their obligations under the this Agreement while a any dispute is being resolved resolved, except to the extent the issue in dispute precludes performance (a dispute performance. Disputes over payment shall do not be deemed to preclude performance) and without limiting either Party’s right to terminate the Agreement as provided in Article 18.
Appears in 1 contract
Samples: Provider Services Agreement
Continued Performance. Each Party agrees to continue performing the performance of its obligations under the this Agreement while a dispute is being resolved except to pending unless the extent the issue in dispute precludes performance (a such performance. A dispute over payment shall not be deemed to preclude performance) and without limiting either Party’s right , provided that undisputed amounts continue to terminate the Agreement as provided in Article 18be paid.
Appears in 1 contract
Continued Performance. Each Party agrees to continue performing its obligations under the this Agreement while a dispute is being resolved except to the extent the issue in dispute precludes performance (a dispute over payment shall not be deemed to preclude performance) and without limiting either Party’s 's right to terminate the Agreement as provided in Article 18this Agreement.
Appears in 1 contract
Samples: Vehicle Purchase and Supply Agreement (GREENPOWER MOTOR Co INC.)
Continued Performance. Each Party agrees to continue performing its obligations under the this Agreement while a any dispute is being resolved except to the extent the issue in dispute precludes performance (a dispute over payment shall not be deemed to preclude performance) performance but a failure to pay undisputed amounts after notice and without limiting either Party’s right an opportunity to terminate the Agreement cure as provided in Article 18Subsection 23.1(b) shall permit discontinuance of Contractor's performance obligations solely with respect to the payment failure).
Appears in 1 contract
Samples: Terminal Development, Production and Purchase Agreement (Viasat Inc)
Continued Performance. Each Party party agrees to continue performing its obligations under the Agreement this Contract while a dispute is being resolved except to the extent the issue in dispute precludes performance (a dispute over payment shall not be deemed to preclude performance) and without limiting either Partyparty’s right to terminate the Agreement this Contract as provided in Article sections 17 or 18, as the case may be.
Appears in 1 contract
Samples: Standard Contract
Continued Performance. Each Party agrees to continue performing its obligations under the this Agreement while a dispute Dispute is being resolved resolved, except to the extent the issue in dispute precludes performance (it being agreed that a dispute Dispute over payment shall not be deemed to preclude performance) and without limiting either Party’s right to terminate the this Agreement as provided in Article 18Section 22.
Appears in 1 contract