Pending Resolution. Notwithstanding any other provision of this Contract or the other Contract Documents to the Contrary, during the pendency of any dispute, action or proceeding between Contractor and Owner, so long as Owner continues to pay all undisputed amounts hereunder, Contractor shall continue to perform the Work diligently and in accordance with this Contract so as to complete the Work on or before the Guaranteed Date of Substantial Completion. Notwithstanding any provision to the contrary herein or in the other Contract Documents, Contractor shall not be relieved of any of its obligations hereunder unless and to the extent of a final judgment resolving any such dispute, action or proceeding. Contractor recognizes and acknowledges that the provisions of this Section and the completion of the Work on a timely basis notwithstanding any dispute, action or proceeding are fundamental to the contractual relationship established pursuant to this Contract, shall be specifically enforceable, and that Owner would not have entered into this Contract but for Contractor’s agreement set forth herein. Contractor acknowledges that it understands and has duly considered and consulted with counsel concerning the significance of this provision.
Pending Resolution. NEON shall continue to provide the Network Plus Fiber Network pursuant to this Agreement during the proceedings described in this Section 22 and Network Plus shall continue to make payments in accordance with this Agreement.
Pending Resolution. During such arbitration proceedings, the business and the operations to be conducted under this Agreement, to the extent that they are the subject of such controversy, shall continue to be transacted, used and paid in the manner and form existing prior to the arising of such controversy, unless the arbitrator shall make a preliminary ruling to the contrary.
Pending Resolution. Pending resolution of a dispute addressed under this stipulation, the Signatories shal l continue with xxxx e actions under this PA that are not the subject of dispute.
Pending Resolution. Notwithstanding any other provision of this Contract or the other Contract Documents to the contrary, while any dispute, action or proceeding exists between Contractor and Owner, so long as Owner continues to pay all undisputed amounts hereunder (or is otherwise excused from making payment of undisputed amounts pursuant to the terms of this Agreement), Contractor shall continue to perform the Work diligently and observe its other obligations in accordance with this Contract so as to complete the Work on or before the Original Project Guaranteed Date of Substantial Completion or Expansion Project Guaranteed Date of Substantial Completion (as applicable), which agreement of Contractor shall be specifically enforceable. Notwithstanding any provision to the contrary herein or in the other Contract Documents, Contractor shall not be relieved of any of its obligations hereunder unless pursuant to (but only to the extent of) a final judgment resolving any such dispute, action or proceeding. Contractor recognizes and acknowledges that the provisions of this Section 20.3 and the completion of the Work on a timely basis notwithstanding any dispute, action or proceeding are fundamental to the contractual relationship established pursuant to this Contract, shall be specifically enforceable, and that Owner would not have entered into this Contract but for Contractor’s agreement set forth herein. Contractor acknowledges that it understands and has duly considered and consulted with counsel concerning the significance of this provision.
Pending Resolution. CONSULTANT shall continue to work during the dispute resolution process in a diligent and timely manner as directed by XXXX, and shall be governed by all applicable provisions of the Agreement.
Pending Resolution. Pending the resolution of any dispute, the Parties will make payments and otherwise perform (to the extent legally permissible) in a manner consistent with this Agreement. Amounts paid—or water delivered—during the pendency of a dispute are subject to refund and adjustment upon final resolution of that dispute.
Pending Resolution. Except as provided specifically in other Sections of this Agreement, while any process described in Sections 21.1, 21.2 or 21.3 is proceeding, the business, the Services to be provided, physical plant to be used, and compensation for Services under this Agreement, to the extent that they are the subject of such controversy, shall continue to be transacted, used and paid in the manner and form existing prior to the arising of such controversy, unless the mediator/independent auditor shall make a preliminary ruling to the contrary.
Pending Resolution. During any period after the Initiation Notice and during the Mediation, (a) neither party shall be relieved of its obligation to timely pay amounts claimed by the other in good faith to be due on account of Multek Operating Expenses or IBM Service Charges and IBM or Multek (as the case may be) may proceed to exercise all remedies available in Section 6.5 on account of non-payment; (b) neither party shall be relieved of its obligation to timely pay any reconciliation amounts due the other pursuant to reconciliation statements issued by either party or its Accountant and IBM or Multek (as the case may be) may proceed to exercise all remedies available in Section 6.5 on account of non-payment, except that such payments shall be deposited with counsel for the party who gave the Initiation Notice until the matter in dispute is finally resolved; (c) neither party shall be relieved of its obligation to cause Services to be provided in accordance with the provisions of this Agreement, except as authorized in Section 6.5, and each may proceed to exercise all remedies available in Section 6.5 on account thereof; (d) except to enforce the obligations in paragraphs (a),(b) and (c) above, and except to avoid the running of any applicable statute of limitations or similar rule, no party may exercise the remedies granted to it below until it has completed the processes (to the extent applicable) set forth in Sections 6.1 and 6.2, but nothing in this Article 6 shall be construed as limiting or delaying notice of an Event of Default or running of cure periods; (e) notwithstanding any delay arising out of the Mediation, interest on any amount determined to be due shall accrue, commencing as of the date the contested sums have been paid or are owed, on all amounts mutually agreed upon or determined by the Mediator to be due to a party, to be calculated in the manner agreed upon in subsection 3.4(b); and (f) notwithstanding any delay arising out of the Mediation, any party mutually agreed upon or determined by the Mediator to have committed an Event of Default shall be liable for damages, if any, from the date
Pending Resolution. Partner Utility shall continue to work during the dispute resolution process in a diligent and timely manner as directed by XXXX and shall be governed by all applicable provisions of the Agreement.
