Common use of Continuation of Disputed Maintenance Services Clause in Contracts

Continuation of Disputed Maintenance Services. At all times during the procedures for resolving Disputes set forth in this CMC, DB Contractor and all Subcontractors shall continue with the performance of the Maintenance Services and their obligations, including any disputed Maintenance Services or obligations, diligently and without delay, in accordance with this CMC, except to the extent enjoined by order of a court or otherwise approved by TxDOT in its sole discretion. DB Contractor acknowledges that it shall be solely responsible for the results of any delaying actions or inactions taken during the pendency of resolution of a Dispute relating to the Maintenance Services even if DB Contractor’s position in connection with the Dispute ultimately prevails. In addition, during the pendency of resolution of a Dispute relating to the Maintenance Services, the Parties shall continue to comply with all provisions of the CMC Documents, the Project Management Plan, the Maintenance Management Plan, the Governmental Approvals and applicable Law.