Nc Form - Unconditional Waiver And Release Upon Final Payment (Page 2 of 2) in pdf

Nc Form - Unconditional Waiver And Release Upon Final Payment Page 2

INDEPENDENT WAIVER BASED ON PRIOR PAYMENTS:

INDEPENDENT OF ITS EXECUTION OF A LIEN WAIVER, THE UNDERSIGNED

FURTHER ACKNOWLEDGES RECEIPT OF PAYMENT(S) TO DATE FOR THE

PROJECT IN THE AMOUNT OF________________________________________________

($__________) FROM SUBCONTRACTOR AND/OR CONTRACTOR FOR LABOR

EMPLOYED IN AND/OR MATERIALS FURNISHED, AND, THEREFORE, WAIVES

AND RELEASES ANY AND ALL CLAIMS OR DAMAGES IT HAS AGAINST

CONTRACTOR AND/OR CONTRACTOR’S SURETY, EXCEPT FOR THOSE THAT

ARE EXPRESSLY RESERVED AND DETAILED AS FOLLOWS:

____________________

THE

UNDERSIGNED

FURTHER

REPRESENTS

THAT

ALL

EMPLOYEES,

LABORERS,

MATERIALMEN, AND SUBCONTRACTORS EMPLOYED BY THE UNDERSIGNED IN CONNECTION

WITH THE PROJECT HAVE BEEN FULLY PAID AND THAT NO OBLIGATIONS, LEGAL,

EQUITABLE, OR OTHERWISE, ARE OWED BY THE UNDERSIGNED IN CONNECTION WITH THE

PROJECT.

WITH RESPECT TO THESE REPRESENTATIONS AND WARRANTIES, THE

UNDERSIGNED DOES HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS CONTRACTOR, ITS

PAYMENT AND PERFORMANCE SURETY, IF ANY, OWNER AND ANY OTHERS WHOM A CLAIM

MAY BE ASSERTED FROM ANY AND ALL CLAIMS, DAMAGES, LOSSES, EXPENSES, AND THE LIKE

INCURRED ON THE PROJECT THAT ARE COVERED BY THIS REPRESENTATION.

CONTRACTOR HAS TO DEFEND ANY CLAIM RESULTING FROM LACK OF PAYMENT BY

UNDERSIGNED TO A SUPPLIER, LABORER, MATERIALMEN, AND/OR SUBCONTRACTOR, ANY OR

ALL EXPENSES INCURRED BY CONTRACTOR INCLUDING LEGAL FEES, COURT OR

ARBITRATION COSTS, WILL BE THE RESPONSIBILITY OF THE UNDERSIGNED .

THIS FINAL WAIVER AND RELEASE DOES HEREBY WAIVE, RELEASE, AND RELINQUISH ANY

AND ALL CLAIMS, ACTS, EVENTS, CIRCUMSTANCE, CONSTRUCTIVE OR ACTUAL DELAYS,

ACCELERATIONS, EXTRA WORK, DISRUPTIONS, INTERFERENCES AND THE LIKE WHICH HAVE

OCCURRED, OR MAY BE CLAIMED TO HAVE OCCURRED, PRIOR TO THE EFFECTIVE DATE

HEREOF, EXPECTING ONLY ANY CLAIMS CURRENTLY UNRESOLVED FOR WHICH WRITTEN

NOTICE HAS BEEN PROVIDED TO CONTRACTOR AS FOLLOWS:

GIVEN UNDER HAND AND

DAY

SEAL THIS

(CORPORATE SEAL)

(COMPANY NAME)

(COMPANY ADDRESS)

(WITNESS)

(COMPANY TELEPHONE)

(ADDRESS)

(OFFICER SIGNATURE)

(PRINT NAME)

Nc Form - Unconditional Waiver And Release Upon Final Payment Page 2

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