Submittals Disputes). If KYTC does not respond to a Type 2 Submittal within the allowable time period, then the Type 2 Submittal shall be deemed rejected. The KYTC may, but is under no obligation to, provide its rationale for rejection; provided, however, that so long as the DBT meets the requirements within the definition of a Claim, then the DBT may seek relief and compensation with respect to the Work that is the subject of, governed by, or dependent upon, the relevant Submittal provided. However, the DBT shall nevertheless submit a Submittal with or without amendments, as the DBT determines appropriate, regardless of relief or compensation.
Submittals Disputes). The DBT acknowledges and agrees that (a) the DBT may not Dispute any rejection of a Type 3 Submittal by KYTC and (b) the DBT may not bring a Dispute regarding any Type 3 Submittal under the Dispute Resolution Procedures. DBT shall notify the KYTC Project Manager within 10 Working Days after receipt of any review comments if additional clarification is required, if there are conflicts between review comments received, or if the DBT believes the comments, or the rejection explanation, received would cause the RFC documents, other Design Documents, or any Contract Documents to contain Errors or omissions in any respect or which would otherwise adversely affect, in any manner, the Work or the Baseline Schedule. In the event of such occurrence, and should KYTC in its sole discretion agree with the DBT’s foregoing assertion, the KYTC shall have the right to modify its comments. Any failure of the DBT to so notify the KYTC within the 10 Working Days after receipt of any review comments shall constitute the DBT’s full acceptance of all responsibility for changes in response to such KYTC comments and will be treated for all purposes hereunder as if the DBT had initiated such changes. In the event that the DBT disagrees with comments or rejection explanation received from KYTC or with those received from others, the DBT must, within 10 Working Days after receipt of comments provide written disposition to the comments that includes accompanying references applicable to Contract Documents. Disagreement with review comments or the rejection explanation received does not relieve the DBT from meeting the requirements of the Contract Documents and the decision as to whether or not such review comments shall apply to the Contract shall be in KYTC’s sole discretion. In each case where the DBT is entitled to seek, and seeks relief for a submittals dispute, the DBT shall provide Notice to the KYTC that it either (a) will not accommodate the KYTC comments to a Submittal (on the basis that accommodation materially increases the time or cost (or both) of the DBT’s performance of the Work with respect to the relevant Submittal), or (b) Disputes the KYTC’s rejection explanation, in each case as applicable to KYTC’s disposition of a Submittal. For avoidance of doubt, the DBT’s recourse to resolution of submittals disputes is conditioned upon affirmative Notice to the KYTC of the submittals dispute. If the DBT: • Does not accommodate KYTC comment with respect to the relevant Submitt...
