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: (Company Name) By: (Title)] B-5-3 SUBCONTRACTORS’ LIEN WAIVERS [Please attach] CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT (Contractor) To (Owner): Contractor: Agreement Date: Project Name: Project Address: Supporting Documents Attached Hereto:

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: (Company Name) By: (Title)] B-5) SUB-3 SUBCONTRACTORS’ LIEN WAIVERS [Please attach] CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT (ContractorSubcontractor) To (Owner): Contractor: Subcontractor Agreement Date: Project Name: Project Address: Supporting Documents Attached Hereto:

CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT. California Civil Code Section 3262(d)(1) Job/Account #_______________ 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) to____________________________________„ and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall shaii become effective to release any mechanic’s mechanics' lien, stop notice, or bond right the undersigned has on the job of __________________________________________ located at (Owner) at_________________________________________________________________ to the following extent. : This release covers (Job Location) a progress payment for labor, services, equipment, equipment or material furnished to through only _______________________________________________________________________________________________________________________ through_______________________only and does not (Your Customer) (Date) cover any retentions retention retained before or after the release date; date or extras furnished before the release date for which payment has not been received; received or 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 mechanics 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, equipment or material covered by this release if that furnished labor, services, equipment, equipment or material was not compensated by the progress payment. Before any recipient of this document relies on it, said party recipient should verify evidence of payment to the undersigned. Subject Date:__________________________ ___________________________ (company name) By:___________________________ (signature) ___________________________ (print name) NOTE: CIVIL CODE 3262 (d)(1) PROVIDES: Where the claimant is required to payment of the amount stated above, the undersigned warrants execute a waiver 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 release 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 thereunderexchange for, or in furtherance of order to induce 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 payment of, a progress payment and the project itself from all claimsclaimant is not, rights of actionin fact, liabilities paid in exchange for the waiver and liens that may be filed release or asserted a single payee check or joint payee check is given in connection with exchange for the undersigned’s contract or otherwise in connection with waiver and release, the project on account of labor or materials furnished by waiver and release shall follow substantially the undersigned through the release dateform set forth above. Dated: (Company Name) By: (Title)] B-5-3 SUBCONTRACTORS’ LIEN WAIVERS [Please attach] CONDITIONAL UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT California Civil Code Section 3262(d)(4) Job/Account #_____________________ The undersigned has been paid in full for all labor, services, equipment or materia! furnished to:___________________________________________________________________________ on the job of:___________________________________________________________ located at:__________________________________________________________________________ and does hereby waive and release any right to a mechanics lien, stop notice, or any right against a labor and material bond on the job, except for disputed claims for extra work in the amount of $_________________________________________________________________________________ . Date:__________________________ ____________________________ (Contractorcompany name) To By:___________________________ (Owner): Contractorsignature) ___________________________ (print name) NOTICE TO PERSONS SIGNING THIS WAIVER: Agreement DateTHIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM. NOTE: Project NameCIVIL CODE 3262(d)(4) PROVIDES: Project Address: Supporting Documents Attached Hereto:Where the claimant is required to execute a waiver and release in exchange for, or in order to induce payment of, a final payment and the claimant asserts in the waiver that it has, in fact, been paid the final payment, the waiver and release shall follow substantially the form set forth above.

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 Xxxxxx 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: (Title)] B-5-3 SUBCONTRACTORS’ LIEN WAIVERS [Please attach] CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT (Contractor) To (Owner): Contractor: Agreement Date: Project Name: Project Address: Supporting Documents Attached Hereto:ATTACHMENT B-4

CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT. Upon receipt by the undersigned of a check from (Maker of Checkcheck) in the sum of $ payable to (Amount of Checkcheck) payable to (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 (Owner) located at (OwnerJob Description) to the following extent. This release covers (Job Location) a progress payment for labor, services, equipment, or material furnished to (Your Customer) 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 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: (Company Name) By: (Title)] B-5-) Contract– App. A (CA) 1 Contractor EXHIBIT IV – 3 SUBCONTRACTORS’ LIEN WAIVERS [Please attach] CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT (Contractor) To (Owner): Contractor: Agreement Date: Project Name: Project Address: Supporting Documents Attached Hereto:Release of Claims