A contractual obligation to 'act in good faith and not unreasonably or intentionally delay' constitutes a composite obligation requiring both elements to be established for breach, not two independent obligations. An expert determination that fails to take into account a contractual variation conceded by both parties in their submissions to the expert constitutes manifest error. Third-party illegality that is not pleaded, not proved, and not relied upon by the claimant to establish its cause of action does not preclude recovery under the ex turpi causa doctrine.
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