Scope Definition Phase. Prior to initiating any subsequent phases of the Project, if at all, the parties shall complete the Scope Definition Phase. During the Scope Definition Phase, Design-Builder will perform the activities listed below in this Section 2.2. In this phase, Owner and Design-Builder will develop a scope of work, which will be subject to Owner’s approval. Following development and approval of a scope of work in this Scope Definition Phase, Owner may authorize in writing the Design Services set forth in Section 2.3 and the Construction Services set forth in Section 2.4 below. If Owner authorizes the Design Services and Construction Services, the parties shall execute an amendment to this Agreement to memorialize and effect the authorization and incorporate the scope of work and establish the Fixed Fee into the Agreement. All other terms and conditions shall remain binding on Design-Builder. Design-Builder shall not commence the Design Services set forth in Section 2.3 and the Construction Services set forth in Section 2.4 below without an approved and fully executed amendment to this Agreement.
