Common use of Failure to Agree Clause in Contracts

Failure to Agree. If the Contractor claims entitlement to a change in the Contract, and the Department does not agree that any action or event has occurred to justify any change in time or compensation, or if the parties fail to agree upon the appropriate amount of the adjustment in time or compensation, the Department will unilaterally make such changes, if any, to the Contract, as it determines are appropriate pursuant to the Contract. The Contractor shall proceed with the Work and the Department's directives, without interruption or delay, and shall make a claim as provided in Article 12. Failure to proceed due to a dispute over a change request shall constitute a material breach of the Contract and entitle the Department to all available remedies for such breach, including, without limitation, termination for default.

Appears in 8 contracts

Samples: Construction Agreement, Construction Agreement, Agreement

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Failure to Agree. If the Contractor Construction Manager claims entitlement to a change in the ContractAgreement, and the Department does not agree that any action or event has occurred to justify any change in time or compensation, or if the parties Parties fail to agree upon the appropriate amount of the adjustment in time or compensation, the Department will unilaterally make such changes, if any, to the ContractAgreement, as it determines are appropriate pursuant to the ContractAgreement. The Contractor Construction Manager shall proceed with the Work and the Department's directives, without interruption or delay, and shall make a claim as provided in Article 1219 herein. Failure to proceed due to a dispute over a change request shall constitute a material breach of the Contract and entitle the Department to all available remedies for such breach, including, without limitation, termination for default.

Appears in 6 contracts

Samples: Agreement, Agreement, Risk Agreement

Failure to Agree. If the Contractor A/E claims entitlement to a change in the ContractAgreement, and the Department does not agree that any action or event has occurred to justify any change in time or compensation, or if the parties Parties fail to agree upon the appropriate amount of the adjustment in time or compensation, the Department will unilaterally make such changes, if any, to the ContractAgreement, as it determines are appropriate pursuant to the ContractAgreement. The Contractor A/E shall proceed with the Work and the Department's directives, without interruption or delay, and shall make a claim as provided in Article 1211 herein. Failure to proceed due to a dispute over a change request shall constitute a material breach of the Contract and entitle the Department to all available remedies for such breach, including, without limitation, termination for default.

Appears in 6 contracts

Samples: Agreement, Agreement, Agreement

Failure to Agree. If the Contractor claims entitlement to a change in the ContractAgreement, and the Department does not agree that any action or event has occurred to justify any change in time or compensation, or if the parties Parties fail to agree upon the appropriate amount of the adjustment in time or compensation, the Department will unilaterally make such changes, if any, to the ContractAgreement, as it determines are appropriate pursuant to the ContractAgreement. The Contractor shall proceed with the Work and the Department's directives, without interruption or delay, and shall make a claim as provided in Article 1219 herein. Failure to proceed due to a dispute over a change request shall constitute a material breach of the Contract and entitle the Department to all available remedies for such breach, including, without limitation, termination for default.

Appears in 5 contracts

Samples: Agreement, Agreement, Agreement

Failure to Agree. If the Contractor claims entitlement to a change in the Contractcontract, and the Department does not agree that any action or event has occurred to justify any change in time or compensation, or if the parties fail to agree upon the appropriate amount of the adjustment in time or compensation, the Department will unilaterally make such changes, if any, to the Contractcontract, as it determines are appropriate pursuant to the Contractterms of this Agreement. The Contractor shall proceed with the Work and the Department's directives, without interruption or delay, and shall may make a claim as provided in Article 12Section 14 of this Agreement. Failure to proceed due to a dispute over a change request shall constitute a material breach of the Contract contract and entitle the Department to all available remedies for such breach, including, without limitation, termination for default.

Appears in 4 contracts

Samples: Agreement, Agreement, dgs.dc.gov

Failure to Agree. If the Contractor claims entitlement to a change in the ContractAgreement, and the Department does not agree that any action or event has occurred to justify any change in time or compensation, or if the parties fail to agree upon the appropriate amount of the adjustment in time or compensation, the Department will unilaterally make such changes, if any, to the ContractAgreement, as it determines are to be appropriate pursuant to the ContractAgreement. The Contractor shall proceed with the Work and the Department's directives, without interruption or delay, and shall make a claim as provided in Article 1213, if needed. Failure to proceed due to a dispute over a change request shall constitute a material breach of the Contract Agreement and entitle the Department to all available remedies for such breach, including, without limitation, termination for default.

Appears in 3 contracts

Samples: Agreement, Basic Ordering Agreement, Agreement

Failure to Agree. If the Contractor claims entitlement to a change in the Contract, and the Department does not agree that any action or event has occurred to justify any change in time or compensation, or if the parties Parties fail to agree upon the appropriate amount of the adjustment in time or compensation, the Department will unilaterally make such changes, if any, to the Contract, as it determines are appropriate pursuant to the Contract. The Contractor shall proceed with the Work and the Department's directives, without interruption or delay, and shall make a claim as provided in Article 12. Failure to proceed due to a dispute over a change request shall constitute a material breach of the Contract and entitle the Department to all available remedies for such breach, including, without limitation, termination for default.

Appears in 3 contracts

Samples: Construction Agreement, Construction Agreement, Construction Agreement

Failure to Agree. If the Contractor claims entitlement to a change in the Contractcontract, and the Department does not agree that any action or event has occurred to justify any change in time or compensation, or if the parties fail to agree upon the appropriate amount of the adjustment in time or compensation, the Department will unilaterally make such changes, if any, to the Contractcontract, as it determines are appropriate pursuant to the terms of this Contract. The Contractor shall proceed with the Work and the Department's directives, without interruption or delay, and shall may make a claim as provided in Article 12Section 12 of this Contract. Failure to proceed due to a dispute over a change request shall constitute a material breach of the Contract contract and entitle the Department to all available remedies for such breach, including, without limitation, termination for default.

Appears in 2 contracts

Samples: dgs.dc.gov, dgs.dc.gov

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Failure to Agree. If the Contractor Design-Builder claims entitlement to a change in the Contract, and the Department does not agree that any action or event has occurred to justify any change in time or compensation, or if the parties fail to agree upon the appropriate amount of the adjustment in time or compensation, the Department will unilaterally make such changes, if any, to the Contract, as it determines are appropriate pursuant to the Contract. The Contractor Design-Builder shall proceed with the Work and the Department's directives, without interruption or delay, and shall make a claim as provided in Article 12. Failure to proceed due to a dispute over a change request shall constitute a material breach of the Contract and entitle the Department to all available remedies for such breach, including, without limitation, termination for default.

Appears in 2 contracts

Samples: Agreement, Agreement

Failure to Agree. If the Contractor claims entitlement to a change in the ContractAgreement, and the Department does not agree that any action or event has occurred to justify any change in time or compensation, or if the parties fail to agree upon the appropriate amount of the adjustment in time or compensation, the Department will unilaterally make such changes, if any, to the ContractAgreement, as it determines are appropriate pursuant to the Contractterms of this Agreement. The Contractor shall proceed with the Work and the Department's directives, without interruption or delay, and shall may make a claim as provided in Article 12of this Agreement. Failure to proceed due to a dispute over a change request shall constitute a material breach of the Contract Agreement and entitle the Department to all available remedies for such breach, including, without limitation, termination for default.

Appears in 1 contract

Samples: dgs.dc.gov

Failure to Agree. If the Contractor claims entitlement to a change or modification in the Contractcontract, and the Department does not agree that any action or event has occurred to justify any change in time or compensation, or if the parties fail to agree upon the appropriate amount of the adjustment in time or compensation, the Department will unilaterally make such changes, if any, to the Contractcontract, as it determines are appropriate pursuant to the terms of this Contract. The Contractor shall proceed with the Work and the Department's ’s directives, without interruption or delay, and shall may make a claim as provided in Article 12Section 12 of this Contract. Failure to proceed due to a dispute over a change request shall constitute a material breach of the Contract contract and entitle the Department to all available remedies for such breach, including, without limitation, termination for default.

Appears in 1 contract

Samples: Parking Lot Management Services

Failure to Agree. If the Contractor claims entitlement to a change in the Contract, and the Department does not agree that any action or event has occurred to justify any change in time or compensation, or if the parties fail to agree upon the appropriate amount of the adjustment in time or compensation, the Department will unilaterally make such changes, if any, to the Contract, as it determines are appropriate pursuant to the Contract. The Contractor shall proceed with the Work and the Department's directives, without interruption or delay, and shall make a claim as provided in Article 12. Failure to proceed due to a dispute over a change request shall constitute a material breach of the Contract and entitle the Department to all available remedies for such breach, including, without limitation, termination for default.. ARTICLE 9 (Intentionally Omitted)

Appears in 1 contract

Samples: Construction Agreement

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