No Adjustments to Design Contingency. The Design Contingency shall not be increased for any reason (other than by a Change Order in Owner's sole and absolute discretion). Design Builder shall not make any claim for any Design Contingency Cost in excess of the Design Contingency; nor for any increase in the Design Contingency for any reason, including, in either case, default by Owner or any other circumstances which would otherwise permit an increase in the amount of any Component Change Order or of the Guaranteed Maximum Price of the GMP Change Order or payment of additional compensation to Design Builder. Without limitation of the foregoing, the Program Manager shall not have any jurisdiction to adjust the Design Contingency or to decide any such claim other than to reject and thereby deny such a claim. The contingency costs incurred by Design-Builder under Article 4.4.5.1 shall be reimbursable to Design-Builder by Consent Change Order approved by the Owner.
