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or altered after it is transmitted to the receiving party, and the transmitting party did not participate <br /> in such change or alteration. <br /> Article 13 <br /> Non-Discrimination <br /> 13.1 Design-Builder shall not discriminate on the grounds of race, color, sex or national origin in the <br /> selection and retention of Subcontractors, including procurement of materials and leases of <br /> equipment. Design-Builder shall not participate either directly or indirectly in such discrimination, <br /> including discrimination in employment practices. In the event of Design-Builder's noncompliance <br /> with the nondiscrimination provisions of the Contract Documents, Owner shall impose such <br /> sanctions as it, or the Owner's funding agencies, may determine to be appropriate, including, but <br /> not limited to: (a)withholding of payments to Design-Builder until Design-Builder complies, and (b) <br /> termination or suspension of the Contract, in whole or in part. <br /> 13.2 Design-Builder shall actively and in good faith provide opportunities for underutilized firms <br /> (Underutilized Firms)as Subcontractors and suppliers in the performance of the Phase 2 Services. <br /> Design-Builder shall consider granting contracts to Underutilized Firms on the basis of substantially <br /> equal proposals in the light most favorable to the Underutilized Firm. Design-Builder shall <br /> implement an Outreach Plan, reviewed and approved by the Owner prior to the execution of this <br /> Contract, that outlines the proactive strategies, resource commitments, and specific steps Design- <br /> Builder will take to effectively reach out to Underutilized Firms for the performance of the Phase 2 <br /> Services. As requested by Owner, Design-Builder shall furnish evidence of its compliance with <br /> these requirements. As used in this section, Underutilized Firms shall include veteran business <br /> enterprises (VBEs), minority business enterprises (MBEs), women business enterprises (WBEs), <br /> minority women business enterprises (MWBEs), combination Business enterprises (CBEs) and <br /> Socially and Economically Disadvantaged Business Enterprises (SEDBEs). The term "VBE" <br /> means a business at least 51% of which is veteran-owned. The terms MBE, WBE, MWBE, CBE <br /> and SEDBE are any such business that have been so certified by the State of Washington. <br /> Article 14 <br /> Miscellaneous <br /> 14.1 Not Used. <br /> 14.2 Assignment. Neither Design-Builder nor Owner shall, without the written consent of the other <br /> assign,transfer or sublet any portion or part of the Work or the obligations required by the Contract <br /> Documents. <br /> 14.3 Successorship. Design-Builder and Owner intend that the provisions of the Contract Documents <br /> are binding upon the parties, their employees, agents, heirs, successors and assigns. <br /> 14.4 Governing Law and Venue. The Contract and all Contract Documents shall be governed by the <br /> laws of the State of Washington. Exclusive venue shall be in the Snohomish County Superior Court. <br /> 14.5 Severability. If any provision or any part of a provision of the Contract Documents shall be finally <br /> determined to be superseded, invalid, illegal, or otherwise unenforceable pursuant to any <br /> applicable Legal Requirements, such determination shall not impair or otherwise affect the validity, <br /> legality, or enforceability of the remaining provision or parts of the provision of the Contract <br /> Documents,which shall remain in full force and effect as if the unenforceable provision or part were <br /> deleted. <br /> GENERAL CONDITIONS OF PROGRESSIVE DESIGN-BUILD CONTRACT,Page 28 <br />