Design Flexibility. Notwithstanding any other provision of the Contract to the contrary, Owner shall be entitled, prior to the date specified in the Submittal and Design Review Program, to instruct changes to non-fundamental structural elements, including but not limited to, the proposed layout and components of the Trainsets’ passenger amenities, such as toilets, luggage racks, luggage storage, bicycle storage and seating arrangements. Contractor shall not be entitled to receive an increase in the Contract Amount or an extension of the Contract Time for changes described in this Article 4.5; provided, however, that if as a result of an Owner-instructed modification:
Design Flexibility. Notwithstanding any other provision of the Contract to the contrary, Owner shall be entitled, prior to the date specified in the Submittal and Design Review Program, to instruct changes to the proposed layout and components of the Trainsets’ passenger amenities, such as toilets, luggage racks, luggage storage, bicycle storage and seating arrangements. Contractor shall not be entitled to receive an increase in the Contract Amount or an extension of the Contract Time for changes described in this Article 4.5; provided, however, that if as a result of a modification of fundamental structural elements, Contractor incurs additional costs and/or is delayed in its performance of the Work, Contractor shall be entitled to claim an increase in the Contract Amount and/or an extension of the Contract Time.
