Common use of Acceptance of Final Payment/Release and Discharge Clause in Contracts

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.

Appears in 4 contracts

Samples: Consultant Services, hudsonriverpark.org, hudsonriverpark.org

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Acceptance of Final Payment/Release and Discharge. The acceptance by Contractor Consultant 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 ContractorConsultant, 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 Consultant performs Services that involve maintenance, repairs or minor construction, the Contractor Consultant 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 ContractorConsultant’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 Consultant 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.

Appears in 2 contracts

Samples: Consulting Services, hudsonriverpark.org

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