Acceptance of Final Payment/Release and Discharge. The acceptance by Contractor of the final payment under the Contract, or any final payment due on earlier termination of the Contract under Article IV, shall constitute a full and complete waiver and release of the Trust from any and all claims, demands and causes of action whatsoever that the Contractor, and/or its successors and assigns, have, or may have, against the Trust under the provisions of the Contract, unless a detailed and verified statement of claim is served upon the Trust not later than fifteen (15) days after the making of the final payment. In the absence of a verified statement of claim, if the Contractor performs Services that involve maintenance, repairs or minor construction, the Contractor must supply the Trust with lien waivers for itself and its Subcontractors along with its request for final payment. It is expressly understood and agreed that the Trust’s or Contractor’s termination of the Contract pursuant to Article IV hereof shall not give rise to any claims against the Trust for damages, compensation, or otherwise as a result of such termination, and that under such circumstances, the Trust’s liability to make payments to Contractor on account of any and all Services shall be limited to the payments set forth in this Article II and as provided in Appendix C.
Acceptance of Final Payment/Release and Discharge. Final payment shall be made to Consultant upon satisfactory completion and acceptance by Owner of the Work required under this Agreement, or all Work performed prior to the termination of this Agreement if terminated pursuant to Section 6 hereof, and upon submission of a certification that all Subconsultants have been paid their full and agreed compensation. The acceptance by Consultant of the final payment under this Agreement, or any final payment due upon termination of this Agreement under Section 6 hereof, shall constitute a full and complete waiver and release of Owner from any and all claims, demands and causes of action whatsoever that Consultant, and/or it successors and assigns have, or may have, against Owner under the provisions of this Agreement, unless a detailed and verified statement of claim is served upon Owner prior to the date final payment is tendered by Owner. It is expressly understood and agreed that Owner’s or Consultant’s termination of this Agreement pursuant to Section 6 hereof shall not give rise to any claim against Owner for damages, compensation or otherwise as a result of such termination, and that under such circumstances Owner’s liability to make payments to Consultant on account of any and all Work shall be limited to the payments set forth in Section 6 hereof.
Acceptance of Final Payment/Release and Discharge. 39.1. The Operator’s acceptance of the final payment under the Agreement shall constitute a waiver and release of the Trust solely from any claim arising from disputed (i) Management Fees or IMF allegedly due Operator, or (ii) reimbursement(s) of a third-party invoice paid by Operator as a Cost of Operation (excluding any deductible that may be due as a result of an insurable claim), unless notice of such claim is delivered to the Trust in writing not later than ninety (90) days after the Operator’s receipt of the final payment. It is expressly understood and agreed that the Trust’s termination of the Agreement pursuant to Section 21 of this Agreement shall not give rise to any claim against the Trust for damages, compensation or otherwise as a result of such termination, and that under such circumstances the Trust’s liability to make payments to the Operator on account of any and all services shall be limited to the payments set forth in the applicable section(s) of the Agreement.
