Common use of Manager’s Performance Clause in Contracts

Manager’s Performance. The Manager may not withhold performance under this Agreement during the dispute resolution period, including judicial resolution. The Manager must perform all services under this Agreement including any disputed services with the same diligence and effort as if no dispute existed. The Commissioner’s written determination must be complied with pending final resolution, including judicial resolution of the dispute. Neither the Commissioner’s determination, nor the actions of the Manager or the Owner in connection therewith, nor the continued performance by either party, shall constitute an admission as to any factual and/or legal position in connection with the dispute or a waiver of any rights under this Agreement.