Performance of Disputed Maintenance Services. If TxDOT refuses to issue a Change Order based on DB Contractor’s request, DB Contractor shall nevertheless perform all work as specified by Directive Letter, and shall have the right to submit the issue to dispute resolution pursuant to Section 16. DB Contractor shall maintain and deliver to TxDOT, upon request, contemporaneous records, meeting the requirements of Section 10.9, for all work performed that DB Contractor believes constitutes extra work (including non-construction work), until all Claims and Disputes regarding entitlement or cost of such work are resolved.
Performance of Disputed Maintenance Services. If TxDOT refuses to issue a Change Order based on Maintenance Contractor’s request, Maintenance Contractor shall nevertheless perform all work as specified by Directive Letter, and shall have the right to submit the issue to dispute resolution pursuant to Section 16. Maintenance Contractor shall maintain and deliver to TxDOT, upon request, contemporaneous records, meeting the requirements of Section 10.9, for all work performed that Maintenance Contractor believes constitutes extra work (including non-construction work), until all Claims and Disputes regarding entitlement or cost of such work are resolved.
