Performance during Dispute Resolution Clause Samples
The "Performance during Dispute Resolution" clause requires parties to continue fulfilling their contractual obligations even while a dispute is being resolved. In practice, this means that neither party can suspend or delay their performance—such as delivering goods, making payments, or providing services—simply because a disagreement has arisen and is under formal review or negotiation. The core function of this clause is to maintain business continuity and prevent unnecessary disruption, ensuring that the contract's objectives are not undermined by the existence of a dispute.
Performance during Dispute Resolution. Pending the submission of and/or decision on a Dispute and until the arbitral award is published; the Parties shall continue to perform their respective obligations under this Agreement without prejudice to a final adjustment in accordance with such award.
Performance during Dispute Resolution. Pending final resolution of any dispute, Contractor agrees to proceed diligently with the performance of the Work, including any Work under dispute, unless otherwise directed. Contractor’s failure to diligently proceed with the Work will be considered a material breach of the Master Agreement.
Performance during Dispute Resolution. The Parties must at all times continue to perform and otherwise comply with its obligations pursuant to the Agreement despite the existence of the Dispute.
Performance during Dispute Resolution. The Owner and the General Contractor agree that pending the resolution of any dispute, controversy, or question, the Owner and the General Contractor shall each continue to perform their respective obligations without interruption or delay, and the General Contractor shall not stop or delay the performance of the Work.
Performance during Dispute Resolution. The parties will continue to perform their respective obligations under this Agreement pending the resolution of a Dispute under this clause 10.
Performance during Dispute Resolution. The parties to a Dispute must continue to perform their respective obligations under this Agreement pending the resolution of the Dispute under this clause 16.
Performance during Dispute Resolution. Seller is not entitled to suspend, defer, or modify the performance of Services or provision of Goods or any of its other obligations or responsibilities under this Agreement and will continue to perform or fulfill them pending resolution of any Dispute.
Performance during Dispute Resolution. Pending the submission of a dispute, controversy or claim to the Consultation Panel or the PIRA and thereafter until the final decision of the Consultation Panel or the PIRA, as the case may be, the Parties shall continue to perform all of their obligations under this Agreement, without prejudice to a final adjustment in accordance with such decision. Further, this Agreement shall remain subsisting and operative during the consultation or adjudication proceedings and no payment due and payable to either Party shall be withheld except the payment in dispute, if any.
Performance during Dispute Resolution. The Owner and the DB agree that pending the resolution of any dispute, controversy, or question, the Owner and the DB shall each continue to perform their respective obligations without interruption or delay, and the DB shall not stop or delay the performance of the Work.
Performance during Dispute Resolution. The County and the Construction Manager agree that pending the resolution of any dispute, controversy, or question, the County and the Construction Manager will each continue to perform their respective obligations without interruption or delay, and the Construction Manager shall not stop or delay the performance of the Work.