Common use of Design Flexibility Clause in Contracts

Design Flexibility. ‌ Notwithstanding any other provision of the Contract to the contrary, Authority 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. Notwithstanding the above, Contractor shall under no circumstance design or manufacture a Trainset with less than 450 seats. 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 4.3; provided, however, that if as a result of an Authority-instructed modification: (a) of a fundamental structural element, or (b) of a non-fundamental structural element given after the date specified in the Submittal and Design Review Program, Contractor incurs additional costs and/or is delayed in its performance of the Work, then Contractor shall be entitled to claim an increase in the Contract Amount and/or an extension of the Contract Time.

Design Flexibility. ‌ Notwithstanding any other provision of the Contract to the contrary, Authority 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. Notwithstanding the above, Contractor shall under no circumstance design or manufacture a Trainset with less than 450 440 seats. 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 4.34.5; provided, however, that if as a result of an AuthorityOwner-instructed modification: (a) of a fundamental structural element, or (b) of a non-fundamental structural element given after the date specified in the Submittal and Design Review Program, Contractor incurs additional costs and/or is delayed in its performance of the Work, then Contractor shall be entitled to claim an increase in the Contract Amount and/or an extension of the Contract Time.