Common use of Continuing Contract Performance Clause in Contracts

Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13, the Design-Builder shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Documents.

Appears in 22 contracts

Samples: Standard Form of Agreement Between Owner and Design Builder, Standard Form of Agreement Between Owner and Design Builder, Standard Form of Agreement Between Owner and Design Builder

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Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 1314, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents. The Architect will prepare Change Orders and issue Certificates for Payment in accordance with the Contract Documents.

Appears in 18 contracts

Samples: Contract for Construction, Construction Contract, Contract for Construction

Continuing Contract Performance. Pending final resolution of a ClaimClaim including litigation, except as unless otherwise agreed in writing or as provided in Section 9.7 and Article 13, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents.

Appears in 17 contracts

Samples: Construction Management Agreement, Construction Management Agreement, Construction Management Agreement

Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13writing, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents.

Appears in 13 contracts

Samples: Standard Abbreviated Form of Agreement Between Owner and Contractor, Master Agreement, Standard Abbreviated Form of Agreement Between Owner and Contractor

Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13writing, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents. The Architect will prepare Change Orders and issue Certificates for Payment in accordance with the decisions of the Initial Decision Maker.

Appears in 10 contracts

Samples: Standard Form of Agreement Between Owner and Contractor for a Residential or Small Commercial Project, Standard Form of Agreement Between Owner and Contractor for a Residential or Small Commercial Project, Standard Form of Agreement Between Owner and Contractor for a Residential or Small Commercial Project

Continuing Contract Performance. 1.4.1 Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 1314, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents.

Appears in 10 contracts

Samples: Standard Form of Agreement Between Owner and Construction Manager as Constructor, Construction Contract, Standard Form of Agreement Between Owner and Construction Manager as Constructor

Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13writing, the Design-Builder Vendor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents.

Appears in 6 contracts

Samples: Standard Form of Agreement Between Owner and Vendor for Furniture, Furnishings, and Equipment (Ff&e), Standard Form of Agreement Between Owner and Vendor for Furniture, Furnishings, and Equipment (Ff&e), Standard Form of Agreement Between Owner and Vendor for Furniture, Furnishings, and Equipment (Ff&e)

Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 1312 of this Exhibit A, the Design-Builder Construction Manager shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build DocumentsContract Documents for that Work which is not in dispute.

Appears in 5 contracts

Samples: Construction Management Services Agreement, Construction Management Services Agreement, Construction Management Services Agreement

Continuing Contract Performance. § 15.1.4.1 Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 1314, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments of undisputed amounts in accordance with the Design-Build Contract Documents. The Architect will prepare Amendments, Change Orders and issue Certificates for Payment in accordance with the decisions of the Owner.

Appears in 5 contracts

Samples: Standard Form of Agreement Between Owner and Contractor, Standard Form of Agreement Between Owner and Architect, Standard Form of Agreement Between Owner and Contractor

Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 1314, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents. The Architect will prepare Change Orders and issue Certificates for Payment in accordance with the decisions of the Initial Decision Maker.

Appears in 5 contracts

Samples: Construction Contract, Construction Contract, Construction Contract

Continuing Contract Performance. Pending final resolution of a Claim, Claim except as otherwise agreed in writing or as provided in Section 9.7 Subparagraph 9.7.1 and Article 1314, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents.

Appears in 3 contracts

Samples: Construction Manager at Risk Agreement, Lease Agreement (Immunicon Corp), Standard Form of Agreement Between Owner and Contractor (Corixa Corp)

Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13, the Design-Builder shall proceed diligently with performance of the Contract and the Owner Manager shall continue to make payments in accordance with the Design-Build Documents.

Appears in 3 contracts

Samples: Standard Form of Agreement Between Owner and Design Builder, Standard Form of Agreement Between Owner and Design Builder, Standard Form of Agreement Between Owner and Design Builder

Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 1315 of this Exhibit A, the Design-Design Builder shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build DocumentsContract Documents for that Work which is not in dispute.

Appears in 2 contracts

Samples: Agreement for Design Build Services, Agreement for Continuing Design Build Services

Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 Subparagraph 9.7.1 and Article 1314, the Design-Builder Construction Manager shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents.

Appears in 2 contracts

Samples: Agreement Between Owner and Architect (Chukchansi Economic Development Authority), Construction Manager Agreement (Chukchansi Economic Development Authority)

Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed directed by Owner in writing or as provided in Section 9.7 Paragraph 9.7.1 and Article 1314, the Design-Builder Contractor shall proceed diligently with performance of the Contract Contract, and the Owner shall continue to make approved payments in accordance with the Design-Build Contract Documents.

Appears in 2 contracts

Samples: Services Agreement, Services Agreement

Continuing Contract Performance. Pending final resolution of a Claim, Claim except as otherwise agreed in writing or as otherwise provided in Section 9.7 and Article 13the Contract Documents, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make undisputed payments in accordance with the Design-Build Contract Documents.

Appears in 2 contracts

Samples: Owner Contractor Agreement, Owner Contractor Agreement

Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13Section 13.2.1, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents.

Appears in 2 contracts

Samples: Engineering, Procurement, and Construction Agreement, Engineering, Procurement, and Construction Agreement

Continuing Contract Performance. Pending final resolution of a Claimclaim, except as otherwise agreed in writing or as provided in Section 9.7 4.1 and Article 1312, the Design-Builder shall Contractor will proceed diligently with performance of the Contract and the Owner shall will continue to make payments in accordance with the Design-Build Contract Documents.

Appears in 2 contracts

Samples: General Construction Agreement, General Construction Agreement

Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13, the Design-Builder shall proceed diligently with performance of the Contract and the Owner shall continue to make undisputed payments in accordance with the Design-Build Documents.

Appears in 2 contracts

Samples: Standard Form of Agreement Between Owner and Design Builder, Standard Form of Agreement Between Owner and Design Builder

Continuing Contract Performance. Pending final resolution of a Claim, except as unless otherwise agreed in writing or as provided in Section 9.7 Sub-paragraph 9.7.1 and Article 1314, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents.

Appears in 2 contracts

Samples: Construction Contract, Architectural Services Agreement

Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13, the Design-Builder shall proceed diligently with performance of the Contract and and, unless the Owner is entitled to offset its payments to the Design-Builder, the Owner shall continue to make payments in accordance with the Design-Build Documents.

Appears in 2 contracts

Samples: Standard Form of Agreement Between Owner and Design Builder, Standard Form of Agreement Between Owner and Design Builder

Continuing Contract Performance. 1.4.1 Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 1314, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments of undisputed amounts in accordance with the Design-Build Contract Documents. The Architect will prepare Amendments, Change Orders and issue Certificates for Payment in accordance with the decisions of the Owner.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Contractor

Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13writing, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents.. out of or relating to this

Appears in 1 contract

Samples: Standard Abbreviated Form of Agreement Between Owner and Contractor

Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13writing, the Design-Builder Xxxxxxx shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Documents.

Appears in 1 contract

Samples: Design Build Agreement (Farmer Brothers Co)

Continuing Contract Performance. 1.4.1 Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 1314, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents. The Architect will issue Certificates for Payment in accordance with the decision of the Initial Decision Maker.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Contractor

Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13, the Design-Builder shall proceed diligently with performance of the Contract and the Owner Manager shall continue to make payments in accordance with the Design-Build Documents.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Design Builder

Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13writing, the Design-Builder shall proceed diligently with performance of the Contract and the Owner Town shall continue to make payments in accordance with the Design-Build Documents.

Appears in 1 contract

Samples: Design Build Agreement

Continuing Contract Performance. Pending final resolution of a Claim, except as Claim including litigation unless otherwise agreed in writing or as provided in Section 9.7 and Article 13, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents.

Appears in 1 contract

Samples: Construction Contract (Digex Inc/De)

Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 1314, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents. The Architect will prepare Change Certificates for Payment in accordance with the decisions of the Initial Decision Maker.

Appears in 1 contract

Samples: Construction Contract

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Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 Subparagraph 9.7.1 and Article 1314, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Documents.shall

Appears in 1 contract

Samples: General Conditions of the Contract for Construction

Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13writing, the Design-Builder Contractor shall proceed diligently with g out of or relating to this e, pr or performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Documents.

Appears in 1 contract

Samples: Standard Abbreviated Form of Agreement Between Owner and Contractor

Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing oth or as provided in Section 9.7 and Article 13, the Design-Builder shall proceed diligently with performance of the wit Contract and the Owner shall continue to make payments of undisputed amounts in accordance with the Design-accorda Build Documents.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Design Builder

Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13, the Design-Builder shall proceed diligently with performance of the Work and Contract and the Owner shall continue to make undisputed payments in accordance with the Design- Build Documents. § 14.2 Initial Decision 2.1 An initial decision shall be required as a condition precedent to mediation of all Claims between the Owner and Design-Build Documents.Builder initiated prior to the date final payment is due, excluding those arising under Sections 10.3 and

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Design Builder

Continuing Contract Performance. Pending final resolution of a Claim, Claim except as otherwise agreed in writing or as provided in Section 9.7 Subparagraph 9.7.1 and Article 1314, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments to Contractor, including any direct cost of the Contractor, related to disputed claims in accordance with the Design-Build DocumentsSection 7.3.6.

Appears in 1 contract

Samples: Construction Contract (Empire Resorts Inc)

Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 1314, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents. The Design Agent will prepare Change Orders and issue Certificates for Payment in accordance with the decisions of the Initial Decision Maker.

Appears in 1 contract

Samples: Project Manual

Continuing Contract Performance. Pending final resolution of a Claim, Claim except as otherwise agreed directed by the Owner in writing or as provided in Section 9.7 Subparagraph 9.7.1 and Article 1314, the Design-Builder XXXX Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents. The Owner, XXXX Contractor and Architect shall cooperate in efforts to mitigate the alleged or potential damages, delay, or other adverse consequences arising out of the condition which is the cause of such Claim.

Appears in 1 contract

Samples: Contract for Construction Manager at Risk

Continuing Contract Performance. Pending final resolution of a Claim, except as unless otherwise agreed in writing or as provided in Section 9.7 and Article 13writing, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents.

Appears in 1 contract

Samples: General Contract

Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13, the Owner and Design-Builder shall proceed diligently with performance of the Contract and the Owner shall continue to make payments of undisputed sums in accordance with the Design-Build Documents.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Design Builder (Fox Factory Holding Corp)

Continuing Contract Performance. Pending final resolution of a Claim, Claim except as otherwise agreed in writing or as provided in Section 9.7 A.9.7.1 and Article 13A.14, the Design-Builder shall proceed diligently with performance of the Contract and the Owner Design-Builder shall continue to make payments in accordance with the Design-Build Contract Documents.

Appears in 1 contract

Samples: Design Build Agreement (Badger State Ethanol LLC)

Continuing Contract Performance. Pending final resolution of a Claim, and except as otherwise agreed in writing or as provided in Section 9.7 and Article 13writing, the Design-Builder Contractor shall proceed diligently with performance of the Contract and maintain Contractor’s Construction Schedule, and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents.

Appears in 1 contract

Samples: Public Works Contract

Continuing Contract Performance. 1.4.1 Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 9.7, as amended, and Article 1314, as amended, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make undisputed payments for Work performed in accordance with the Design-Build Contract Documents.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Contractor

Continuing Contract Performance. Pending final resolution of a Claim, Claim except as otherwise agreed in writing or as provided in Section 9.7 9.7.1 and Article 1314, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents.

Appears in 1 contract

Samples: Construction Contract (Sierra Pacific Resources /Nv/)

Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13, the Design-Builder shall proceed diligently with performance of the Contract and the Owner shall continue to make payments of undisputed amounts in accordance with the Design-Design- Build Documents.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Design Builder

Continuing Contract Performance. Pending final resolution of a Claim, claim except as otherwise agreed in writing or as provided in Section 9.7 and Article 13writing, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents.

Appears in 1 contract

Samples: Construction Contract

Continuing Contract Performance. Pending final resolution of a Claim, Claim except as otherwise agreed in writing or as provided in Section 9.7 Subparagraph 9.7.1 and Article 13, 14 the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build DocumentsContract.

Appears in 1 contract

Samples: Construction Contract

Continuing Contract Performance. Pending final resolution of a Claim, Claim except as otherwise agreed in writing or as provided in Section 9.7 and Article 13writing, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents.

Appears in 1 contract

Samples: Small Construction Projects Contract

Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13writing, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner Manager shall continue to make payments in accordance with the Design-Build Contract Documents.

Appears in 1 contract

Samples: Standard Abbreviated Form of Agreement Between Owner and Contractor

Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13, the Design-Builder shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Documents.the

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Design Builder

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