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36 <br />Progressive Design Build General Conditions <br /> <br />the information so identified by the Design-Builder and Owner determines that release of the information <br />is required by the Act or otherwise appropriate, Owner’s sole obligations shall be to notify the Design- <br />Builder (a) of the request and (b) of the date that such information will be released to the requester unless <br />the Design-Builder obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If the <br />Design-Builder fails to timely obtain a court order enjoining disclosure, Owner will release the requested <br />information on the date specified. Owner has, and by this section assumes, no obligation on behalf of the <br />Design-Builder to claim any exemption from disclosure under the Act. Owner shall not be liable to the <br />Design-Builder for releasing records not clearly identified by the Design-Builder as confidential or <br />proprietary. Owner shall not be liable to the Design-Builder for any records that Owner releases in <br />compliance with this section or in compliance with an order of a court of competent jurisdiction. <br />13.2 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 />13.3 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 />13.4 Governing Law. The Contract and all Contract Documents shall be governed by the laws of the <br />State of Washington without giving effect to its conflict of law principles. Exclusive venue for any dispute <br />arising out of this Contract shall be in Snohomish County Superior Court. Design-Builder shall include a <br />“Stipulation of Venue in Snohomish County” in all subcontracts hereunder. Should the Design-Builder or <br />any member of the Design-Build Team be a non-resident of Washington State, each shall designate a <br />Washington resident as agent upon whom process may be served before commencing work under this <br />Contract. <br />13.5 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determined to be superseded, invalid, illegal, or otherwise unenforceable pursuant to any applicable <br />Legal Requirements, such determination shall not impair or otherwise affect the validity, legality, or <br />enforceability of the remaining provision or parts of the provision of the Contract Documents, which shall <br />remain in full force and effect as if the unenforceable provision or part were deleted. <br />13.6 No Waiver. The failure of either Design-Builder or Owner to insist, in any one or more instances, <br />on the performance of any of the obligations required by the other under the Contract Documents shall <br />not be construed as a waiver or relinquishment of such obligation or right with respect to future <br />performance. <br />13.7 Headings. The headings used in these General Conditions of Contract, or any other Contract <br />Document, are for ease of reference only and shall not in any way be construed to limit or alter the <br />meaning of any provision. <br />13.8 Notice. Whenever the Contract Documents require that notice be provided to the other party, <br />notice shall be provided consistent with Section 12.4 of the Contract. <br />13.9 Amendments. The Contract Documents may not be changed, altered, or amended in any way <br />except in writing signed by a duly authorized representative of each party. <br />-END OF GENERAL CONDITIONS- <br />