Changes to Schematic Design and Schematic ROW. 6.3.3.1 DBT acknowledges and agrees that the requirements and constraints set forth in the Contract Documents and in the Governmental Approvals, as well as Site conditions, will impact DBT’s ability to revise the concepts contained in the Schematic Design. DBT, however, may modify the Schematic Design without KYTC’s prior written approval if the proposed modification: (a) Meets the requirements of Exhibit 3 (Technical Provisions); (b) Requires no revision, modification or amendment to the NEPA Approval; (c) Does not constitute a Design Exception; and 6.3.3.2 Does not deviate from the design concepts included in the Proposal. DBT may rely on the Schematic ROW limits, and acknowledges that it is feasible to design and develop the Basic Project Configuration within said Schematic ROW limits. 6.3.3.3 DBT acknowledges that the Schematic Design is preliminary and subject to refinement through the Final Design process, and that DBT is not entitled to an increase in the Contract Price, a Completion Deadline adjustment or any other Claim in connection with changes in the Schematic Design.
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Sources: Design Build Agreement, Design Build Agreement