Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13, the Design-Builder shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Documents.
Appears in 23 contracts
Sources: Standard Form of Agreement Between Owner and Design Builder, Standard Form of Agreement Between Owner and Design Builder, Standard Form of Agreement Between Owner and Design Builder
Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 1314, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents. The Architect will prepare Change Orders and issue Certificates for Payment in accordance with the Contract Documents.
Appears in 18 contracts
Sources: Contract for Construction, Contract for Construction, Contract for Construction
Continuing Contract Performance. Pending final resolution of a ClaimClaim including litigation, except as unless otherwise agreed in writing or as provided in Section 9.7 and Article 13, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents.
Appears in 17 contracts
Sources: Construction Management Agreement, Construction Management Agreement, Construction Management Agreement
Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13writing, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents.
Appears in 16 contracts
Sources: Standard Abbreviated Form of Agreement Between Owner and Contractor, Master Agreement, Standard Abbreviated Form of Agreement Between Owner and Contractor
Continuing Contract Performance. 1.4.1 Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 1314, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents.
Appears in 15 contracts
Sources: Construction Manager/General Contractor Agreement, Guaranteed Maximum Price Amendment, Standard Form of Agreement Between Owner and Construction Manager as Constructor
Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13writing, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents. The Architect will prepare Change Orders and issue Certificates for Payment in accordance with the decisions of the Initial Decision Maker.
Appears in 10 contracts
Sources: Standard Form of Agreement Between Owner and Contractor for a Residential or Small Commercial Project, Standard Form of Agreement Between Owner and Contractor for a Residential or Small Commercial Project, Standard Form of Agreement Between Owner and Contractor for a Residential or Small Commercial Project
Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 1314, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents. The Architect will prepare Change Orders and issue Certificates for Payment in accordance with the decisions of the Initial Decision Maker.
Appears in 6 contracts
Sources: Subcontractor Compliance Agreement, Construction Contract, Construction Contract
Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13writing, the Design-Builder Vendor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents.
Appears in 6 contracts
Sources: Standard Form of Agreement Between Owner and Vendor for Furniture, Furnishings, and Equipment (Ff&e), Standard Form of Agreement Between Owner and Vendor for Furniture, Furnishings, and Equipment (Ff&e), Standard Form of Agreement Between Owner and Vendor for Furniture, Furnishings, and Equipment (Ff&e)
Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 1312 of this Exhibit A, the Design-Builder Construction Manager shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build DocumentsContract Documents for that Work which is not in dispute.
Appears in 6 contracts
Sources: Agreement for Construction Management Services, Construction Management Services Agreement, Construction Management Services Agreement
Continuing Contract Performance. § 15.1.4.1 Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 1314, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments of undisputed amounts in accordance with the Design-Build Contract Documents. The Architect will prepare Amendments, Change Orders and issue Certificates for Payment in accordance with the decisions of the Owner.
Appears in 5 contracts
Sources: Standard Form of Agreement Between Owner and Contractor, Standard Form of Agreement Between Owner and Architect, Standard Form of Agreement Between Owner and Contractor
Continuing Contract Performance. Pending final resolution of a Claim, except as unless otherwise agreed in writing or as provided in Section 9.7 Sub-paragraph 9.7.1 and Article 1314, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents.
Appears in 3 contracts
Sources: Construction Agreement, Construction Contract, Architectural Services Agreement
Continuing Contract Performance. Pending final resolution of a Claim, Claim except as otherwise agreed in writing or as provided in Section 9.7 Subparagraph 9.7.1 and Article 1314, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents.
Appears in 3 contracts
Sources: Construction Manager at Risk Agreement, Lease Agreement (Immunicon Corp), Standard Form of Agreement Between Owner and Contractor (Corixa Corp)
Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13, the Design-Builder shall proceed diligently with performance of the Contract and the Owner Manager shall continue to make payments in accordance with the Design-Build Documents.
Appears in 3 contracts
Sources: Standard Form of Agreement Between Owner and Design Builder, Standard Form of Agreement Between Owner and Design Builder, Standard Form of Agreement Between Owner and Design Builder
Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 1315 of this Exhibit A, the Design-Design Builder shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build DocumentsContract Documents for that Work which is not in dispute.
Appears in 2 contracts
Sources: Agreement for Design Build Services, Agreement for Continuing Design Build Services
Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13, the Design-Builder shall proceed diligently with performance of the Contract and the Owner shall continue to make undisputed payments in accordance with the Design-Build Documents.
Appears in 2 contracts
Sources: Standard Form of Agreement Between Owner and Design Builder, Standard Form of Agreement Between Owner and Design Builder
Continuing Contract Performance. Pending final resolution of a Claimclaim, except as otherwise agreed in writing or as provided in Section 9.7 4.1 and Article 1312, the Design-Builder shall Contractor will proceed diligently with performance of the Contract and the Owner shall will continue to make payments in accordance with the Design-Build Contract Documents.
Appears in 2 contracts
Sources: General Construction Agreement, General Construction Agreement
Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 Subparagraph 9.7.1 and Article 1314, the Design-Builder Construction Manager shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents.
Appears in 2 contracts
Sources: Agreement Between Owner and Architect (Chukchansi Economic Development Authority), Construction Manager Agreement (Chukchansi Economic Development Authority)
Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed directed by Owner in writing or as provided in Section 9.7 Paragraph 9.7.1 and Article 1314, the Design-Builder Contractor shall proceed diligently with performance of the Contract Contract, and the Owner shall continue to make approved payments in accordance with the Design-Build Contract Documents.
Appears in 2 contracts
Sources: Services Agreement, Services Agreement
Continuing Contract Performance. Pending final resolution of a Claim, Claim except as otherwise agreed in writing or as otherwise provided in Section 9.7 and Article 13the Contract Documents, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make undisputed payments in accordance with the Design-Build Contract Documents.
Appears in 2 contracts
Sources: Owner Contractor Agreement, Owner Contractor Agreement
Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13Section 13.2.1, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents.
Appears in 2 contracts
Sources: Engineering, Procurement, and Construction Agreement, Engineering, Procurement, and Construction Agreement
Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13, the Design-Builder shall proceed diligently with performance of the Contract and and, unless the Owner is entitled to offset its payments to the Design-Builder, the Owner shall continue to make payments in accordance with the Design-Build Documents.
Appears in 2 contracts
Sources: Standard Form of Agreement Between Owner and Design Builder, Standard Form of Agreement Between Owner and Design Builder
Continuing Contract Performance. Pending final resolution of a Claim, Claim except as otherwise agreed directed by the Owner in writing or as provided in Section 9.7 Subparagraph 9.7.1 and Article 1314, the Design-Builder ▇▇▇▇ Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents. The Owner, ▇▇▇▇ Contractor and Architect shall cooperate in efforts to mitigate the alleged or potential damages, delay, or other adverse consequences arising out of the condition which is the cause of such Claim.
Appears in 1 contract
Continuing Contract Performance. Pending final resolution of a ClaimClaim including litigation, except as unless otherwise agreed in writing or as provided in Section 9.7 and Article 13writing, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents.
Appears in 1 contract
Continuing Contract Performance. 1.4.1 Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 9.7, as amended, and Article 1314, as amended, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make undisputed payments for Work performed in accordance with the Design-Build Contract Documents.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Contractor
Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13writing, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner Manager shall continue to make payments in accordance with the Design-Build Contract Documents.
Appears in 1 contract
Sources: Standard Abbreviated Form of Agreement Between Owner and Contractor
Continuing Contract Performance. Pending final resolution of a Claim, Claim except as otherwise agreed in writing or as provided in Section 9.7 A.9.7.1 and Article 13A.14, the Design-Builder shall proceed diligently with performance of the Contract and the Owner Design-Builder shall continue to make payments in accordance with the Design-Build Contract Documents.
Appears in 1 contract
Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 1314, the Design-Builder Contractor shall proceed diligently with performance of the Contract Agreement and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents. The Architect/Engineer will prepare Change Orders and issue Certificates for Payment in accordance with the decisions of the Initial Decision Maker.
Appears in 1 contract
Sources: Agreement Between Owner and General Contractor for Construction Services
Continuing Contract Performance. Pending final resolution of a ClaimClaim including arbitration or litigation, except as unless otherwise agreed directed by the Owner in writing or as provided in Section 9.7 and Article 13writing, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents. The Owner agrees to pay any Claim upon and in accordance with the final and nonappealable resolution of the Claim.
Appears in 1 contract
Sources: Construction Contract (National Instruments Corp /De/)
Continuing Contract Performance. 1.4.1 Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 1314, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make undisputed payments in accordance with the Design-Build Contract Documents.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Construction Manager as Constructor
Continuing Contract Performance. 1.4.1 Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 1314, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents. The Architect will issue Certificates for Payment in accordance with the decision of the Initial Decision Maker.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Contractor
Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13, the Design-Builder shall proceed diligently with performance of the Contract and the Owner Manager shall continue to make payments in accordance with the Design-Build Documents.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Design Builder
Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13writing, the Design-Builder shall proceed diligently with performance of the Contract and the Owner Town shall continue to make payments in accordance with the Design-Build Documents.
Appears in 1 contract
Sources: Design Build Agreement
Continuing Contract Performance. Pending final resolution of a Claim, except as unless otherwise agreed in writing or as provided in Section 9.7 Subsection 9.7.1 and Article 1314, the Design-Builder Construction Manager shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents.
Appears in 1 contract
Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13, the Owner and Design-Builder shall proceed diligently with performance of the Contract and the Owner shall continue to make payments of undisputed sums in accordance with the Design-Build Documents.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Design Builder (Fox Factory Holding Corp)
Continuing Contract Performance. Pending final resolution of a Claim, Claim except as otherwise agreed in writing or as provided in Section 9.7 9.7.1 and Article 1314, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents.
Appears in 1 contract
Sources: Construction Contract (Sierra Pacific Resources /Nv/)
Continuing Contract Performance. Pending final resolution of a Claim, Claim except as otherwise agreed in writing or as provided in Section 9.7 Subparagraph 9.7.1 and Article 1314, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments to Contractor, including any direct cost of the Contractor, related to disputed claims in accordance with the Design-Build DocumentsSection 7.3.6.
Appears in 1 contract
Continuing Contract Performance. Pending final resolution of a Claim, Claim except as otherwise agreed in writing or as provided in Section 9.7 and Article 13writing, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner Port shall continue to make payments in accordance with the Design-Build Contract Documents.
Appears in 1 contract
Sources: Request for Proposals
Continuing Contract Performance. 1.4.1 Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 1314, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments of undisputed amounts in accordance with the Design-Build Contract Documents. The Architect will prepare Amendments, Change Orders and issue Certificates for Payment in accordance with the decisions of the Owner.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Contractor
Continuing Contract Performance. 1.4.1 Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 1314, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make undisputed payments in accordance with the Design-Build Contract Documents.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Construction Manager as Constructor
Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13writing, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents.. out of or relating to this
Appears in 1 contract
Sources: Standard Abbreviated Form of Agreement Between Owner and Contractor
Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13, the Design-Builder shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Documents.the
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Design Builder
Continuing Contract Performance. Pending final resolution of a Claim, and except as otherwise agreed in writing or as provided in Section 9.7 and Article 13writing, the Design-Builder Contractor shall proceed diligently with performance of the Contract and maintain Contractor’s Construction Schedule, and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents.
Appears in 1 contract
Sources: Public Works Contract
Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13, the Design-Builder shall proceed diligently with performance of the Work and Contract and the Owner shall continue to make undisputed payments in accordance with the Design- Build Documents. § 14.2 Initial Decision
2.1 An initial decision shall be required as a condition precedent to mediation of all Claims between the Owner and Design-Build Documents.Builder initiated prior to the date final payment is due, excluding those arising under Sections 10.3 and
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Design Builder
Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing oth or as provided in Section 9.7 and Article 13, the Design-Builder shall proceed diligently with performance of the wit Contract and the Owner shall continue to make payments of undisputed amounts in accordance with the Design-accorda Build Documents.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Design Builder
Continuing Contract Performance. Pending final resolution of a Claim, claim except as otherwise agreed in writing or as provided in Section 9.7 and Article 13writing, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents.
Appears in 1 contract
Sources: Construction Contract
Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13, the Design-Builder shall proceed diligently with performance of the Contract and the Owner shall continue to make payments of undisputed amounts in accordance with the Design-Design- Build Documents.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Design Builder
Continuing Contract Performance. Pending final resolution of a Claim, except as Claim including litigation unless otherwise agreed in writing or as provided in Section 9.7 and Article 13, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents.
Appears in 1 contract
Sources: Construction Contract (Digex Inc/De)
Continuing Contract Performance. Pending final resolution of a Claim, except as unless otherwise agreed in writing or as provided in Section 9.7 and Article 13writing, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents.
Appears in 1 contract
Sources: General Contract
Continuing Contract Performance. Pending final resolution of a Claim, Claim except as otherwise agreed in writing or as provided in Section 9.7 Subparagraph 9.7.1 and Article 13, 14 the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build DocumentsContract.
Appears in 1 contract
Sources: Construction Contract
Continuing Contract Performance. Pending final resolution of a Claim, Claim except as otherwise agreed in writing or as provided in Section 9.7 and Article 13writing, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Contract Documents.
Appears in 1 contract
Sources: Small Construction Projects Contract
Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13writing, the Design-Builder Contractor shall proceed diligently with g out of or relating to this e, pr or performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Documents.
Appears in 1 contract
Sources: Standard Abbreviated Form of Agreement Between Owner and Contractor
Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 Subparagraph 9.7.1 and Article 1314, the Design-Builder Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Documents.shall
Appears in 1 contract
Sources: General Conditions of the Contract for Construction
Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13writing, the Design-Builder ▇▇▇▇▇▇▇ shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Documents.
Appears in 1 contract