Common use of PERFORMANCE PENDING RESOLUTION OF DISPUTES Clause in Contracts

PERFORMANCE PENDING RESOLUTION OF DISPUTES. Notwithstanding any pending resolution of any dispute under this agreement, CONSULTANT shall proceed with the performance of any Changes, the total value of which are subject to a good-faith disparity of less than five percent (5%) in the parties' claimed effect on this Agreement price. Pending resolution by agreement, or litigation, if any, and subject to subsequent adjustment to conform to any final agreement or judgment, reimbursement to CONSULTANT shall be adjusted by revising this Agreement price in an amount equal to that claimed by CITY plus one-half (½) the difference between the amount of said claim and the amount claimed by CONSULTANT. The respective payment schedule shall be adjusted accordingly. CONSULTANT shall not be required to proceed with Services related to any Changes pending resolution of disputes regarding the adjustment of the affected payment schedule and completion date where the total value of such Changes are subject to a good faith disparity of more than five percent (5%) in the parties' claimed effect on this Agreement price.

PERFORMANCE PENDING RESOLUTION OF DISPUTES. Notwithstanding any pending resolution of any dispute under this agreement, CONSULTANT shall proceed with the performance of any Changes, the total value of which are subject to a good-faith disparity of less than five percent (5%) in the parties' claimed effect on this Agreement price. Pending resolution by agreement, or litigation, if any, and subject to subsequent adjustment to conform to any final agreement or judgment, reimbursement to CONSULTANT shall be adjusted by revising this Agreement price in an amount equal to that claimed by CITY plus one-half (½2) the difference between the amount of said claim and the amount claimed by CONSULTANT. The respective payment schedule shall be adjusted accordingly. CONSULTANT shall not be required to proceed with Services related to any Changes pending resolution of disputes regarding the adjustment of the affected payment schedule and completion date where the total value of such Changes are subject to a good faith disparity of more than five percent (5%) in the parties' claimed effect on this Agreement price.

PERFORMANCE PENDING RESOLUTION OF DISPUTES. Notwithstanding any pending resolution of any dispute under this agreementAgreement, CONSULTANT shall proceed with the performance of any Changes, the total value of which are subject to a good-faith disparity of less than five percent (5%) in the parties' claimed effect on this Agreement price. Pending resolution by agreement, or litigation, if any, and subject to subsequent adjustment to conform to any final agreement or judgment, reimbursement to CONSULTANT shall be adjusted by revising this Agreement price in an amount equal to that claimed by CITY plus one-half (½) the difference between the amount of said claim and the amount claimed by CONSULTANT. The respective payment schedule shall be adjusted accordingly. CONSULTANT shall not be required to proceed with Services related to any Changes pending resolution of disputes regarding the adjustment of the affected payment schedule and completion date where the total value of such Changes are subject to a good faith disparity of more than five percent (5%) in the parties' claimed effect on this Agreement price.

PERFORMANCE PENDING RESOLUTION OF DISPUTES. Notwithstanding any the pending resolution of any dispute under this agreementAgreement, CONSULTANT shall proceed with the performance of any Changes, the total value of which are subject to a good-faith disparity of less than five percent (5%) in the parties' claimed effect on this Agreement price. Pending resolution by agreement, or litigation, if any, and subject to subsequent adjustment to conform to any final agreement or judgmentjudgement, reimbursement to CONSULTANT shall be adjusted by revising this Agreement price in an amount equal to that claimed by CITY plus one-half (½) the difference between the amount of said claim and the amount claimed by CONSULTANT. The respective payment schedule shall be adjusted accordingly. CONSULTANT shall not be required to proceed with Services related to any Changes pending resolution of disputes regarding the adjustment of the affected payment schedule and completion date where when the total value of such Changes are subject to a good faith disparity of more than five percent (5%) in the parties' claimed effect on this Agreement price.