Design-Builder Assumption of Permitting Risk for Design-Build Work; Limitations. The Design-Builder explicitly assumes the risk of obtaining and maintaining the Governmental Approvals required to be obtained by the Design-Builder pursuant to this Section, including the risk of delay, non-issuance or the imposition of any term or condition in connection therewith by a Governmental Body; provided, however, that the Design-Builder shall be afforded relief from the assumption of such risk (1) in the event of the occurrence of any Change in Law, and (2) with respect to all Governmental Approvals other than the New Domestic Water Supply Permit which permit is addressed in subsection 4.2(D) (Design-Builder Assumption of Risk), to the extent provided under subsections (I) and (J) of this Section. In assuming this risk, the Design-Builder acknowledges in particular that (except as otherwise specifically provided in this Section) the delay or non-issuance of any Governmental Approval required for the commencement of construction will have the effect of compressing the period within which the completion of construction, testing and all other Design-Build Work must be completed hereunder in order to avoid delay liquidated damages pursuant to Section 4.5 (Scheduled Acceptance Date and Delay Liquidated Damages) and termination pursuant to Article 8 (Breach, Default, Remedies, and Termination). The Design-Builder further acknowledges that a Governmental Body, in issuing any Governmental Approval, may impose terms and conditions which require the Design-Builder to make changes or additions to the Design-Build Work which may increase the cost, time or risk to the Design-Builder of performing the Design-Build Work, all of which costs, delays or risks shall be for the account of and borne by the Design-Builder (except as otherwise specifically provided in this Section). Any such terms and conditions that impose requirements that are different from or that are in addition to those imposed by the Design and Construction Requirements shall not constitute a Change in Law, and any changes to the Design-Build Work resulting therefrom shall be subject to review and approval by the Owner, acting reasonably.
