Common use of CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT Clause in Contracts

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 full. Subject to payment of the amount stated above, the undersigned, for itself and its successors, and on behalf of all persons able to claim through or under the undersigned, (i) waives, relinquishes and releases all liens and right or claim to a lien for labor or materials furnished in the construction, improvement, alteration or repair involved in performance by the undersigned through the release date, (ii) agrees to indemnify, defend, save and hold harmless the owner from all liability, costs and expenses, including reasonable attorneys’ fees, incurred by owner in (A) discharging (by payment, bond or otherwise) or defending suit to enforce any mechanics’ or materialmen’s lien, or any claim to or right of action for such lien, that may be filed and (B) satisfying any claims or demands arising out of, due or that may be made, directly or indirectly attributable to the undersigned or otherwise connected with the project, any work performed or supplies furnished by the undersigned thereunder, or in furtherance of the construction or completion of the undersigned’s work or otherwise connected with the project through the release date and (iii) hereby releases the owner and any future owner of the project and the project itself from all claims, rights of action, liabilities and liens that may be filed or asserted in connection with the undersigned’s contract or otherwise in connection with the project on account of labor or materials furnished by the undersigned through the release date. Dated: By: To (Owner): Contractor: Agreement Date: Project Name: Project Address:

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 full. Subject to payment of the amount stated above, the undersigned, for itself and its successors, and on behalf of all persons able to claim through or under the undersigned, (i) waives, relinquishes and releases all liens and right or claim to a lien for labor or materials furnished in the construction, improvement, alteration or repair involved in performance by the undersigned through the release date, (ii) agrees to indemnify, defend, save and hold harmless the owner from all liability, costs and expenses, including reasonable attorneys’ fees, incurred by owner in (A) discharging (by payment, bond or otherwise) or defending suit to enforce any mechanics’ or materialmen’s lien, or any claim to or right of action for such lien, that may be filed and (B) satisfying any claims or demands arising out of, due or that may be made, directly or indirectly attributable to the undersigned or otherwise connected with the project, any work performed or supplies furnished by the undersigned thereunder, or in furtherance of the construction or completion of the undersigned’s work or otherwise connected with the project through the release date and (iii) hereby releases the owner and any future owner of the project and the project itself from all claims, rights of action, liabilities and liens that may be filed or asserted in connection with the undersigned’s contract or otherwise in connection with the project on account of labor or materials furnished by the undersigned through the release date. Dated: By: To (Owner): Contractor: Subcontractor Agreement Date: Project Name: Project Address:

CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT. Upon receipt by the undersigned of a check from (Maker name of Checkpayor) in the sum of $ payable to (Amount payee or payees of Check) (Payee or Payees of Check) 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, notice or bond right the undersigned has on the job project of the County of ▇▇▇▇▇▇ located at (Ownerproject name and location) to the following extent. This release covers (Job Location) a progress payment for labor, services, equipment, or material furnished to (name of payor) through (date) 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 the 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 that 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 full. Subject to payment of the amount stated above, the undersigned, for itself and its successors, and on behalf of all persons able to claim through or under the undersigned, (i) waives, relinquishes and releases all liens and right or claim to a lien for labor or materials furnished in the construction, improvement, alteration or repair involved in performance by the undersigned through the release date, (ii) agrees to indemnify, defend, save and hold harmless the owner from all liability, costs and expenses, including reasonable attorneys’ fees, incurred by owner in (A) discharging (by payment, bond or otherwise) or defending suit to enforce any mechanics’ or materialmen’s lien, or any claim to or right of action for such lien, that may be filed and (B) satisfying any claims or demands arising out of, due or that may be made, directly or indirectly attributable to the undersigned or otherwise connected with the project, any work performed or supplies furnished by the undersigned thereunder, or in furtherance of the construction or completion of the undersigned’s work or otherwise connected with the project through the release date and (iii) hereby releases the owner and any future owner of the project and the project itself from all claims, rights of action, liabilities and liens that may be filed or asserted in connection with the undersigned’s contract or otherwise in connection with the project on account of labor or materials furnished by the undersigned through the release date. Dated: (Company Name) By: To (Owner): Contractor: Agreement Date: Project Name: Project AddressTitle:

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 's lien, stop notice, or bond right the undersigned has on the job of located at (OwnerCounty) (Job Description) 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) only and does not 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 order, which has been fully executed by the parties prior to the release date date, are covered by this release unless specifically reserved by the claimant in this release. This release of any mechanic’s 's lien, stop notice, or bond right shall not otherwise affect the contract rightsright, including rights between parties to the contract based upon a the 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 the 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 DATE: (aCompany Name) 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 full. Subject to payment of the amount stated above, the undersigned, for itself and its successors, and on behalf of all persons able to claim through or under the undersigned, (i) waives, relinquishes and releases all liens and right or claim to a lien for labor or materials furnished in the construction, improvement, alteration or repair involved in performance by the undersigned through the release date, (ii) agrees to indemnify, defend, save and hold harmless the owner from all liability, costs and expenses, including reasonable attorneys’ fees, incurred by owner in (A) discharging (by payment, bond or otherwise) or defending suit to enforce any mechanics’ or materialmen’s lien, or any claim to or right of action for such lien, that may be filed and (B) satisfying any claims or demands arising out of, due or that may be made, directly or indirectly attributable to the undersigned or otherwise connected with the project, any work performed or supplies furnished by the undersigned thereunder, or in furtherance of the construction or completion of the undersigned’s work or otherwise connected with the project through the release date and (iii) hereby releases the owner and any future owner of the project and the project itself from all claims, rights of action, liabilities and liens that may be filed or asserted in connection with the undersigned’s contract or otherwise in connection with the project on account of labor or materials furnished by the undersigned through the release date. Dated: By: To (Owner): Contractor: Agreement Date: Project Name: Project Address:Signature) (Title)