Common use of Performance while Dispute is Pending Clause in Contracts

Performance while Dispute is Pending. Notwithstanding the existence of a dispute the WHOLESALER must continue without delay to carry out all of their responsibilities under the Contract that are not affected by the dispute. If the WHOLESALER fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by MMCAP Infuse and/or MMCAP Infuse Members as a result of such failure to proceed shall be borne by the WHOLESALER.

Performance while Dispute is Pending. Notwithstanding the existence of a dispute the WHOLESALER must continue without delay to carry out all of their responsibilities under the this Contract that are not affected by the dispute. If the WHOLESALER fails to continue without delay to perform its responsibilities under the this Contract, in the accomplishment of all undisputed work, any additional costs incurred by MMCAP Infuse and/or MMCAP Infuse Members members as a result of such failure to proceed shall be borne by the WHOLESALER.