CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT Sample Clauses
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CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT. Upon receipt by the undersigned of a check from (Maker of Check) in the sum of $ payable to (Amount of Check) (Payee or Payees of Check) and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release any mechanic’s lien, stop notice, or bond right the undersigned has on the job of located at (Owner) to the following extent. This release covers (Job Location) a progress payment for labor, services, equipment, or material furnished to through only and does not (Your Customer) (Date) cover any retentions retained before or after the release date; extras furnished before the release date for which payment has not been received; extras or items furnished after the release date. Rights based upon work performed or items furnished under a written change order which has been fully executed by the parties prior to the release date are covered by this release unless specifically reserved by the claimant in this release. This release of any mechanic’s lien, stop notice, or bond right shall not otherwise affect the contract rights, including rights between parties to the contract based upon a rescission, abandonment, or breach of the contract, or the right of the undersigned to recover compensation for furnished labor, services, equipment, or material covered by this release if that furnished labor, services, equipment, or material was not compensated by the progress payment. Before any recipient of this document relies on it, said party should verify evidence of payment to the undersigned. Subject to payment of the amount stated above, the undersigned warrants and represents that (a) all materials delivered to the project by or for the undersigned are for use therein only, (b) title to all work, material and equipment, whether or not incorporated into the project, has passed to the project owner, free and clear of all liens, claims, security interests or encumbrances (hereinafter all referred to as “liens”), (c) all taxes applicable to the materials furnished and the work performed by the undersigned have been fully paid and (d) all laborers, mechanics, subcontractors (direct or indirect) and material suppliers for all work done and for all materials, machinery, equipment, fixtures, tools, scaffolding and appliances furnished for the project by the undersigned and for any other indebtedness connected therewith for which the owner of the project might be responsible have been paid in ...
CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT. Upon receipt by the undersigned of a check from (Maker of check) in the sum of $ (Amount of check) payable to on the job of (Owner) located at Dated: (Company Name) By: (Title) Contract– App. A (CA) 1 Contractor
CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT. California Civil Code Section 8132
CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT. California Civil Code Section 3262(d)(1) Job/Account #_______________ Upon receipt by the undersigned of a check from in the sum of $______________payable to____________________________________„ and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shaii become effective to release any mechanics' lien, stop notice, or bond right the undersigned has on the job of __________________________________________ located at_________________________________________________________________ to the following extent: This release covers a progress payment for labor, services, equipment or material furnished to _______________________________________________________________________________________________________________________ through_______________________only and does not cover any retention retained before or after the release date or extras furnished before the release date for which payment has not been received or extras or items furnished after the release date. Rights based upon work performed or items furnished under a written change order which has been fully executed by the parties prior to the release date are covered by this release unless specifically reserved by the claimant in this release. This release of any mechanics lien, stop notice, or bond right shall not otherwise affect the contract rights, including rights between parties to the contract based upon a rescission, abandonment, breach of the contract, or the right of the undersigned to recover compensation for furnished labor, services, equipment or material covered by this release if that furnished labor, services, equipment or material was not compensated by the progress payment. Before any recipient of this document relies on it, said recipient should verify evidence of payment to the undersigned. Date:__________________________ ___________________________ (company name) By:___________________________ (signature) ___________________________ (print name) NOTE: CIVIL CODE 3262 (d)(1) PROVIDES: Where the claimant is required to execute a waiver and release in exchange for, or in order to induce the payment of, a progress payment and the claimant is not, in fact, paid in exchange for the waiver and release or a single payee check or joint payee check is given in exchange for the waiver and release, the waiver and release shall follow substantially the form set forth above. UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT California Civ...
CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT. Upon receipt by the undersigned of a check from ▇▇▇▇▇ Concrete Construction in the sum of $ payable to and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release any mechanic’s lien, stop notice or bond right the undersigned has on the job of located at to the following extent. This release covers a progress payment for labor, services, equipment or material furnished to ▇▇▇▇▇ Concrete Construction through only and does not cover any retentions retained before or after the release date for which payment has not been received; extras furnished before the release date for which payment has not been received; extras or items furnished after the release date. Rights based upon work performed or items furnished under a written change order which has been fully executed by the parties prior to the release date are covered by this release unless specifically reserved by the claimant in this release. This release of any mechanic’s lien, stop notice or bond right shall not otherwise affect the contract rights, including rights between parties to the contract based upon rescission, abandonment or breach of contract, or the right of the undersigned to recover compensation for furnished labor, services, equipment or material covered by this release if that furnished labor, services, equipment or material was not compensated by the progress payment. Before any recipient of this document relies on it, said party should verify evidence of payment to the undersigned. Date: (Company Name)
CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT. A written statement, in the form of Exhibit “F-1”, containing a waiver and release of liens prepared and executed by Contractor or a Subcontractor or Major Vendor, as applicable.