Subcontractor'S Lien Waiver And Release Of Claims Progress Payment And/or Percent Complete

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Subcontractor’s Lien Waiver and Release of Claims
Progress Payment and/or Percent Complete
Payment Date:
Developer:
General Contractor/
Construction Manager:
Subcontractor:
Premises:
The undersigned Subcontractor has entered into an agreement (the “Subcontract”) with
General Contractor/Construction.
for the supply of materials and performance of labor in connection with the
construction of improvements upon the Premises pursuant to a separate agreement
between General Contractor/Construction Manager and Developer (the “Project”).
The undersigned Subcontractor hereby represents, warrants and certifies that it has
received partial payment (the “Partial Payment”) representing
%
of the total amount due to the Subcontractor pursuant to the Subcontract as of the
Payment Date. The undersigned Subcontractor hereby further represents, warrants and
certifies that the Partial Payment represents the full value of all work, labor, services,
equipment and materials furnished in connection with the Project by Subcontractor and
its subcontractors, employees, laborers and material suppliers (the “Work”) through the
Payment Date.
In consideration of the Partial Payment and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, effective upon General
Contractor/Construction Manager making or having previously made the Partial
Payment to Subcontractor, the undersigned Subcontractor waives and releases any
right it now has or in the future may have to make any and all claims for payment and
to claim a mechanic’s lien or any other lien rights or rights of liens, and waives and
releases all other claims of any kind, against (a) the real property on which the Premises
are located; (b) the improvements and other property located thereon; (c) the Developer
and its title company, lenders and guarantors, and their respective affiliates, employees,
officers, and agents; (d) the surety or sureties of the Developer; (e) the General
Contractor/Construction Manager and its affiliates, employees, officers, and agents;
and (f) the owner of the Premises its affiliates, employees, officers, and agents, in each
case for anything whatsoever related to or in connection with the Work or the Project
(whether billed or unbilled) through the Payment Date, except for (x) claims relating to
retainage in the amount (if any) specified in the Subcontract and (y) pending claims or
change orders, notice of which has been timely provided by Subcontractor to General

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