Common use of Disputed Claims Clause in Contracts

Disputed Claims. $ The undersigned who has a contract with _________________________ for furnishing labor or materials or both labor and materials or rental equipment, appliances or tools for the erection, alteration, repair or removal of a building or structure or other improvement of real property known and identified as located in _______________ (city or town), _______________ County, and owned by _______________ upon receipt of $ _______________ in payment of an invoice/requisition/application for payment dated _______________ does hereby: (a) waive any and all liens and right of lien on such real property for labor or materials, or both labor and materials, or rental equipment, appliances or tools, performed or furnished through the following date (payment period), except for retainage, unpaid agreed or pending change orders, and disputed claims as stated above; (b) subordinate any and all liens and right of lien to secure payment for such unpaid, agreed or pending change orders and disputed claims, and such further labor or materials, or both labor and materials, or rental equipment, appliances or tools, except for retainage, performed or furnished at any time through the twenty-fifth day after the end of the above payment period, to the extent of the amount actually advanced by the above lender/mortgagee through such twenty-fifth day. Signed under the penalties of perjury this _________ day of _________ , 20__. WITNESS: CONTRACTOR: Name: Name: Title: Title: SUBCONTRACTOR'S LIEN WAIVER General Contractor: Subcontractor: Owner: Project: Total Amount Previously Paid: $ Amount Paid This Date: $ Retainage (Including This Payment) Held to Date: $ In consideration of the receipt of the amount of payment set forth above and any and all past payments received from the Contractor in connection with the Project, the undersigned acknowledges and agrees that it has been paid all sums due for all labor, materials and/or equipment furnished by the undersigned to or in connection with the Project and the undersigned hereby releases, discharges, relinquishes and waives any and all claims, suits, liens and rights under any Notice of Identification, Notice of Contract or statement of account with respect to the Owner, the Project and/or against the Contractor on account of any labor, materials and/or equipment furnished through the date hereof. The undersigned individual represents and warrants that he is the duly authorized representative of the undersigned, empowered and authorized to execute and deliver this document on behalf of the undersigned and that this document binds the undersigned to the extent that the payment referred to herein is received. The undersigned represents and warrants that it has paid in full each and every sub-subcontractor, laborer and labor and/or material supplier with whom undersigned has dealt in connection with the Project and the undersigned agrees at its sole cost and expense to defend, indemnify and hold harmless the Contractor against any claims, demands, suits, disputes, damages, costs, expenses (including attorneys' fees), liens and/or claims oflien made by such sub-subcontractors, laborers and labor and/or material suppliers arising out of or in any way related to the Project. This document is to take effect as a sealed instrument. Signed under the penalties of perjury as of this _________ day of _________ , 20__. SUBCONTRACTOR: Signature and Printed N arne of Individual Signing this Lien Waiver WITNESS: Name: Title: Dated: CONTRACTOR'S WAIVER OF CLAIMS AGAINST OWNER AND ACKNOWLEDGMENT OF FINAL PAYMENT Commonwealth of Massachusetts Date: COUNTY OF Invoice No.: OWNER: CONTRACTOR: PROJECT: None

Appears in 4 contracts

Samples: Lease Agreement (Irobot Corp), Lease Agreement (Irobot Corp), Lease Agreement (Irobot Corp)

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Disputed Claims. $ The undersigned who has a contract with _________________________ for furnishing labor or materials or both labor and materials or rental equipment, appliances or tools for the erection, alteration, repair or removal of a building or structure or other improvement of real property known and identified as located in _______________ (city or town), _______________ County, and owned by _______________ , upon receipt of ($ _______________ ) in payment of an invoice/requisition/application for payment dated _______________ does hereby: (a) waive any and all liens and right of lien on such real property for labor or materials, or both labor and materials, or rental equipment, appliances or tools, performed or furnished through the following date (payment period), except for retainage, unpaid agreed or pending change orders, and disputed claims as stated above; (b) subordinate any and all liens and right of lien to secure payment for such unpaid, agreed or pending change orders and disputed claims, and such further labor or materials, or both labor and materials, or rental equipment, appliances or tools, except for retainage, performed or furnished at any time through the twenty-fifth day after the end of the above payment period, to the extent of the amount actually advanced by the above lender/mortgagee through such twenty-fifth day. Signed under the penalties of perjury this _________ day of _________ , 20__. WITNESS: CONTRACTOR: Name: Name: Title: Title: SUBCONTRACTOR'S LIEN WAIVER General Contractor: Subcontractor: Owner: Project: Total Amount Previously Paid: $ Amount Paid This Date: $ Retainage (Including This Payment) Held to Date: $ In consideration of the receipt of the amount of payment set forth above and any and all past payments received from the Contractor in connection with the Project, the undersigned acknowledges and agrees that it has been paid all sums due for all labor, materials and/or equipment furnished by the undersigned to or in connection with the Project and the undersigned hereby releases, discharges, relinquishes and waives any and all claims, suits, liens and rights under any Notice of Identification, Notice of Contract or statement of account with respect to the Owner, the Project and/or against the Contractor on account of any labor, materials and/or equipment furnished through the date hereof. The undersigned individual represents and warrants that he is the duly authorized representative of the undersigned, empowered and authorized to execute and deliver this document on behalf of the undersigned and that this document binds the undersigned to the extent that the payment referred to herein is received. The undersigned represents and warrants that it has paid in full each and every sub-subcontractor, laborer and labor and/or material supplier with whom undersigned has dealt in connection with the Project and the undersigned agrees at its sole cost and expense to defend, indemnify and hold harmless the Contractor against any claims, demands, suits, disputes, damages, costs, expenses (including attorneys' fees), liens and/or claims oflien of lien made by such sub-subcontractors, laborers and labor and/or material suppliers arising out of or in any way related to the Project. This document is to take effect as a sealed instrument. Signed under the penalties of perjury as of this _________ day of _________ , 20__. SUBCONTRACTOR: Signature and Printed N arne Name of Individual Signing this Lien Waiver WITNESS: Name: Title: Dated: CONTRACTOR'S WAIVER OF CLAIMS AGAINST OWNER AND ACKNOWLEDGMENT OF FINAL PAYMENT Commonwealth of Massachusetts Date: COUNTY OF Invoice No.: OWNER: CONTRACTOR: PROJECT: 1. Original Contract Amount: None$ 2. Approved Change Orders: $ 3. Adjusted Contract Amount: $ 4. Sums Paid on Account of Contract Amount: $ 5. Less Final Payment Due: $ The undersigned being duly sworn hereby attests that when the Final Payment Due as set forth above is paid in full by Owner, such payment shall constitute payment in full for all labor, materials, equipment and work in place furnished by the undersigned in connection with the aforesaid contract and that no further payment is or will be due to the undersigned. The undersigned hereby attests that it has satisfied all claims against it for items, including by way of illustration but not by way of limitation, items of: labor, materials, insurance, taxes, union benefits, equipment, etc. employed in the prosecution of the work of said contract, and acknowledges that satisfaction of such claims serves as an inducement for the Owner to release the Final Payment Due. The undersigned hereby agrees to indemnify and hold harmless the Owner from and against all claims arising in connection with its Contract with respect to claims for the furnishing of labor, materials and equipment by others. Said indemnification and hold harmless shall include the reimbursement of all actual attorneys’ fees and all costs and expenses of every nature, and shall be to the fullest extent permitted by law. The undersigned hereby irrevocably waives and releases any and all liens and right of lien on such real property and other property of the Owner for labor or materials, or both labor and materials, or rental equipment, appliances or tools, performed or furnished by the undersigned, and anyone claiming by, through, or under the undersigned, in connection with the Project. The undersigned hereby releases, remises and discharges the Owner, any agent of the Owner and their respective predecessors, successors, assigns, employees, officers, shareholders, directors, and principals, whether disclosed or undisclosed (collectively “Releasees”) from and against any and all claims, losses, damages, actions and causes of action (collectively “Claims”) which the undersigned and anyone claiming by, through or under the undersigned has or may have against the Releasees, including, without limitation, any claims arising in connection with the Contract and the work performed thereunder. Notwithstanding anything to the contrary herein, payment to the undersigned of the Final Payment Due sum as set forth above, shall not constitute a waiver by the Owner of any of its rights under the contract including by way of illustration but not by way of limitation guarantees and/or warranties. Payment will not be made until a signed waiver is returned to Owner. The undersigned individual represents and warrants that he/she is the duly authorized representative of the undersigned, empowered and authorized to execute and deliver this document on behalf of the undersigned. Signed under the penalties of perjury as a sealed instrument as of this day of , . By: Name: Title: Hereunto duly authorized COUNTY OF MIDDLESEX On this day of , 20 , before me, the undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it as for , a corporation/partnership voluntarily for its stated purpose. NOTARY PUBLIC My Commission Expires:

Appears in 1 contract

Samples: Lease Agreement (Akamai Technologies Inc)

Disputed Claims. $ The undersigned who has a contract with _________________________ for furnishing labor or materials or both labor and materials or rental equipment, appliances or tools for the erection, alteration, repair or removal of a building or structure or other improvement of real property known and identified as located in _______________ (city or town), _______________ County, and owned by _______________ upon receipt of $ _______________ in payment of an invoice/requisition/application for payment dated _______________ does hereby:$ (a) waive any and all liens and right of lien on such real property for labor or materials, or both labor and materials, or rental equipment, appliances or tools, performed or furnished through the following date ________________ (payment period), except for retainage, unpaid agreed or pending change orders, and disputed claims as stated above; (b) subordinate any and all liens and right of lien to secure payment for such unpaid, agreed or pending change orders and disputed claims, and such further labor or materials, or both labor and materials, or rental equipment, appliances or tools, except for retainage, performed or furnished at any time through the twenty-fifth day after the end of the above payment period, to the extent of the amount actually advanced by the above lender/mortgagee through such twenty-fifth day. Signed under the penalties of perjury this _________ day of _________ _, 20__. WITNESS: CONTRACTOR: Name: Name: Title: Title: SUBCONTRACTOR'S LIEN WAIVER General Contractor: Subcontractor: Owner: Project: Total Amount Previously Paid: $ Amount Paid This Date: $ Retainage (Including This Payment) Held to Date: $ In consideration of the receipt of the amount of payment set forth above and any and all past payments received from the Contractor in connection with the Project, the undersigned acknowledges and agrees that it has been paid all sums due for all labor, materials and/or equipment furnished by the undersigned to or in connection with the Project and the undersigned hereby releases, discharges, relinquishes and waives any and all claims, suits, liens and rights under any Notice of Identification, Notice of Contract or statement of account with respect to the Owner, the Project and/or against the Contractor on account of any labor, materials and/or equipment furnished through the date hereof. The undersigned individual represents and warrants that he is the duly authorized representative of the undersigned, empowered and authorized to execute and deliver this document on behalf of the undersigned and that this document binds the undersigned to the extent that the payment referred to herein is received. The undersigned represents and warrants that it has paid in full each and every sub-subcontractor, laborer and labor and/or material supplier with whom undersigned has dealt in connection with the Project and the undersigned agrees at its sole cost and expense to defend, indemnify and hold harmless the Contractor against any claims, demands, suits, disputes, damages, costs, expenses (including attorneys' fees), liens and/or claims oflien of lien made by such sub-subcontractors, laborers and labor and/or material suppliers arising out of or in any way related to the Project. This document is to take effect as a sealed instrument. Signed under the penalties of perjury as of this _________ day of _________ ______, 20__. SUBCONTRACTOR: Signature and Printed N arne Name of Individual Signing this Lien Waiver WITNESS: Name: Title: Dated: CONTRACTOR'S WAIVER OF CLAIMS AGAINST OWNER AND ACKNOWLEDGMENT OF FINAL PAYMENT Commonwealth of Massachusetts Date: COUNTY OF Invoice No.: OWNER: CONTRACTOR: PROJECT: 1. Original Contract Amount: None$ 2. Approved Change Orders: $ 3. Adjusted Contract Amount: $ 4. Sums Paid on Account of Contract Amount: $ 5. Less Final Payment Due: $

Appears in 1 contract

Samples: Lease Agreement (TESARO, Inc.)

Disputed Claims. $ The undersigned who has a contract with _________________________ for furnishing labor or materials or both labor and materials or rental equipment, appliances or tools for the erection, alteration, repair or removal of a building or structure or other improvement of real property known and identified as located in _______________ (city or town), _______________ County, and owned by _______________ , upon receipt of ($ _______________ ) in payment of an invoice/requisition/application for payment dated _______________ does hereby: (a) waive any and all liens and right of lien on such real property for labor or materials, or both labor and materials, or rental equipment, appliances or tools, performed or furnished through the following date (payment period), except for retainagerctainage, unpaid agreed or pending change orders, and disputed claims as stated above; (b) subordinate any and all liens and right of lien to secure payment for such unpaid, agreed or pending change orders and disputed claims, and such further labor or materials, or both labor and materials, or rental equipment, appliances or tools, except for retainage, performed or furnished at any time through the twenty-fifth day after the end of the above payment period, to the extent of the amount actually advanced by the above lender/mortgagee through such twenty-fifth day. Signed under the penalties of perjury this _________ day of _________ , 20__. WITNESS: CONTRACTOR: Name: Title: Name: Title: Title: SUBCONTRACTOR'S LIEN WAIVER General Contractor: Subcontractor: Owner: Project: Total Amount Previously Paid: $ Amount Paid This Date: $ Retainage (Including This Payment) Held to Date: $ In consideration of the receipt of the amount of payment set forth above and any and all past payments received from the Contractor in connection with the Project, the undersigned acknowledges and agrees that it has been paid all sums due for all labor, materials and/or equipment furnished by the undersigned to or in connection with the Project and the undersigned hereby releases, discharges, relinquishes and waives any and all claims, suits, liens and rights under any Notice of Identification, Notice of Contract or statement of account with respect to the Owner, the Project and/or against the Contractor on account of any labor, materials and/or equipment furnished through the date hereof. The undersigned individual represents and warrants that he is the duly authorized representative of the undersigned, empowered and authorized to execute and deliver this document on behalf of the undersigned and that this document binds the undersigned to the extent that the payment referred to herein is received. The undersigned represents and warrants that it has paid in full each and every sub-sub­ subcontractor, laborer and labor and/or material supplier with whom undersigned has dealt in connection with the Project and the undersigned agrees at its sole cost and expense to defend, indemnify and hold harmless the Contractor against any claims, demands, suits, disputes, damages, costs, expenses (including attorneys' fees), liens and/or claims oflien of lien made by such sub-subcontractors, laborers and labor and/or material suppliers arising out of or in any way related to the Project. This document is to take effect as a sealed instrument. Signed under the penalties of perjury as of this _________ day of _________ , 20__. SUBCONTRACTOR: Signature and Printed N arne Name of Individual Signing this Lien Waiver WITNESS: Name: Title: Dated: CONTRACTOR'S WAIVER OF CLAIMS AGAINST OWNER AND ACKNOWLEDGMENT OF FINAL PAYMENT Commonwealth of Massachusetts Date: COUNTY OF Invoice No.: OWNER: CONTRACTOR: PROJECT: 1. Original Contract Amount: None$ 2. Approved Change Orders: $ 3. Adjusted Contract Amount: $ 4. Sums Paid on Account of Contract Amount: $ 5. Less Final Payment Due: $ The undersigned being duly sworn hereby attests that when the Final Payment Due as set forth above is paid in full by Owner, such payment shall constitute payment in full for all labor, materials, equipment and work in place furnished by the undersigned in connection with the aforesaid contract and that no further payment is or will be due to the undersigned. The undersigned hereby attests that it has satisfied all claims against it for items, including by way of illustration but not by way of limitation, items of: labor, materials, insurance, taxes, union benefits, equipment, etc. employed in the prosecution of the work of said contract, and acknowledges that satisfaction of such claims serves as an inducement for the Owner to release the Final Payment Due. The undersigned hereby agrees to indemnify and hold harmless the Owner from and against all claims arising in connection with its Contract with respect to claims for the furnishing of labor, materials and equipment by others. Said indemnification and hold harmless shall include the reimbursement of all actual attorney's fees and all costs and expenses of every nature, and shall be to the fullest extent permitted by law. The undersigned hereby irrevocably waives and releases any and all liens and right of lien on such real property and other property of the Owner for labor or materials, or both labor and materials, or rental equipment, appliances or tools, performed or furnished by the undersigned, and anyone claiming by, through, or under the undersigned, in connection with the Project. The undersigned hereby releases, remises and discharges the Owner, any agent of the Owner and their respective predecessors, successors, assigns, employees, officers, shareholders, directors, and principals, whether disclosed or undisclosed (collectively "Releasees") from and against any and all claims, losses, damages, actions and causes of action (collectively "Claims") which the undersigned and anyone claiming by, through or under the undersigned has or may have against the Releasees, including, without limitation, any claims arising in connection with the Contract and the work performed thereunder. Notwithstanding anything to the contrary herein, payment to the undersigned of the Final Payment Due sum as set forth above, shall not constitute a waiver by the Owner of any of its rights under the contract including by way of illustration but not by way of limitation guarantees and/or warranties. Payment will not be made until a signed waiver is returned to Owner. The undersigned individual represents and warrants that he/she is the duly authorized representative of the undersigned, empowered and authorized to execute and deliver this document on behalf of the undersigned. Signed under the penalties of perjury as a sealed instrument as of this _ day of ---------- Corporation By: Name: Title: Hereunto duly authorized COMMONWEALTH OF MASSACHUSETTS COUNTY OF SUFFOLK On this _ day of , 20_, before me, the undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it as for , a corporation/partnership voluntarily for its stated purpose. NOTARY PUBLIC My Commission Expires: BENEFICIARY: ISSUANCE DATE: ------200 IRREVOCABLE STANDBY LETTER OF CREDIT NO. ACCOUNTEE/ APPLICANT: MAXIMUM/AGGREGATE CREDIT AMOUNT: US$ _ USO: -------- LADIES AND GENTLEMEN: We hereby establish our irrevocable letter of credit in your favor for account of the applicant up to an aggregate amount not to exceed and _1100 US Dollars (US $ available by your draft(s) drawn on ourselves at sight accompanied by: Your statement, signed by a purportedly authorized officer/official certifying that the Beneficiary is entitled to draw upon this Letter of Credit (in the amount of the draft submitted herewith) pursuant to the Lease (the "Lease") dated by and between , as Landlord, and , as Tenant, together with the original copy of this Letter of Credit and any amendments thereto which have been accepted by you. Draft(s) must indicate name and issuing bank and credit nwnber and must be presented at this office. You shall have the right to make partial draws against this Letter of Credit, from time to time. This Letter of Credit is transferable at any time and from time to time without cost to Beneficiary. Except as otherwise expressly stated herein, this Letter of Credit is subject to the "Uniform Customs and practice for Documentary Credits, International Chamber of Commerce, Publication No. 500 (1993 Revision)." This Letter of Credit shall expire at our office on , 200_ (the "Stated Expiration Date"). It is a condition of this Letter of Credit that the Stated Expiration Date shall be deemed automatically extended without amendment for successive one ( 1) year period s from such Stated Expiration Date, unless at least forty­ five (45) days prior to such Stated Expiration Date ) (or any anniversary thereof) we shall notify you at the address specified in this Letter of Credit (or at such other address of which you may have notified us in writing) and the Accountee/ Applicant in writing by registered mail (return receipt) that we elect not to consider this Letter of Credit extended for any such additional one (1) year period. Where in the Lease to which this Exhibit is attached provision is made for a Broker Determination of Annual Market Rent, the following procedures and requirements shall apply: 1. Defi nition of Annual Market Rent. "Annual Market Rent" shall mean the annual fair market rental value of (i) the RFO Premises in connection with Tenant's Right of First Offer under Section 2.1.2 of the Lease, or (ii) the Premises in connection Tenant's exercise of its extension options under Section 8.20 of the Lease, as applicable. Such annual fair market rental value determination (a) may include provision for annual increases in rent during said Extended Term if so determined, (b) shall take account of, and be expressed in relation to, the payment in respect of taxes and operating costs and provisions for paying for so-called tenant electricity as contained in the Lease, (c) shall be based on comparable office use within the Market Area and (d) shall take into account all relevant factors as determined by the brokers selected in accordance with the provisions hereof.

Appears in 1 contract

Samples: Sublease Agreement (Care.com Inc)

Disputed Claims. $ The undersigned who has a contract with _________________________ for furnishing labor or materials or both labor and materials or rental equipment, appliances or tools for the erection, alteration, repair or removal of a building or structure or other improvement of real property known and identified as located in _______________ (city or town), _______________ County, and owned by _______________ , upon receipt of ($ _______________ ) in payment of an invoice/requisition/application for payment dated _______________ does hereby: (a) waive any and all liens and right of lien on such real property for labor or materials, or both labor and materials, or rental equipment, appliances or tools, performed or furnished through the following date (payment period), except for retainage, unpaid agreed or pending change orders, and disputed claims as stated above; (b) subordinate any and all liens and right of lien to secure payment for such unpaid, agreed or pending change orders and disputed claims, and such further labor or materials, or both labor and materials, or rental equipment, appliances or tools, except for retainage, performed or furnished at any time through the twenty-fifth day after the end of the above payment period, to the extent of the amount actually advanced by the above lender/mortgagee through such twenty-fifth day. Signed under the penalties of perjury this _________ day of _________ , 20__. WITNESS: CONTRACTOR: Name: Title: Name: Title: Title: SUBCONTRACTOR'S LIEN WAIVER General Contractor: Subcontractor: Owner: Project: Total Amount Previously Paid: $ Amount Paid This Date: $ Retainage (Including This Payment) Held to Date: $ In consideration of the receipt of the amount of payment set forth above and any and all past payments received from the Contractor in connection with the Project, the undersigned acknowledges and agrees that it has been paid all sums due for all labor, materials and/or equipment furnished by the undersigned to or in connection with the Project and the undersigned hereby releases, discharges, relinquishes and waives any and all claims, suits, liens and rights under any Notice of Identification, Notice of Contract or statement of account with respect to the Owner, the Project and/or against the Contractor on account of any labor, materials and/or equipment furnished through the date hereof. The undersigned individual represents and warrants that he is the duly authorized representative of the undersigned, empowered and authorized to execute and deliver this document on behalf of the undersigned and that this document binds the undersigned to the extent that the payment referred to herein is received. The undersigned represents and warrants that it has paid in full each and every sub-subcontractor, laborer and labor and/or material supplier with whom undersigned has dealt in connection with the Project and the undersigned agrees at its sole cost and expense to defend, indemnify and hold harmless the Contractor against any claims, demands, suits, disputes, damages, costs, expenses (including attorneys' fees), liens and/or claims oflien of lien made by such sub-subcontractors, laborers and labor and/or material suppliers arising out of or in any way related to the Project. This document is to take effect as a sealed instrument. Signed under the penalties of perjury as of this _________ day of _________ , 20__. SUBCONTRACTOR: Signature and Printed N arne Name of Individual Signing this Lien Waiver WITNESS: Name: Title: Dated: CONTRACTOR'S WAIVER OF CLAIMS AGAINST OWNER AND ACKNOWLEDGMENT OF FINAL PAYMENT Commonwealth of Massachusetts Date: COUNTY OF Invoice No.: OWNER: CONTRACTOR: PROJECT: I. Original Contract Amou nt: None$

Appears in 1 contract

Samples: Lease Agreement (Care.com Inc)

Disputed Claims. $ The undersigned who has a contract with _________________________ for furnishing labor or materials or both labor and materials or rental equipment, appliances or tools for the erection, alteration, repair or removal of a building or structure or other improvement of real property known and identified as located in _______________ (city or town), _______________ County, and owned by _______________ , upon receipt of ($ _______________ ) in payment of an invoice/requisition/application for payment dated _______________ does hereby: (a) waive any and all liens and right of lien on such real property for labor or materials, or both labor and materials, or rental equipment, appliances or tools, performed or furnished through the following date (payment period), except for retainage, unpaid agreed or pending change orders, and disputed claims as stated above; (b) subordinate any and all liens and right of lien to secure payment for such unpaid, agreed or pending change orders and disputed claims, and such further labor or materials, or both labor and materials, or rental equipment, appliances or tools, except for retainage, performed or furnished at any time through the twenty-fifth day after the end of the above payment period, to the extent of the amount actually advanced by the above lender/mortgagee through such twenty-fifth day. Signed under the penalties of perjury this _________ day of _________ , 20__20 . WITNESS: CONTRACTOR: Name: Name: Title: Title: SUBCONTRACTOR'S LIEN WAIVER General Contractor: Subcontractor: Owner: Project: Total Amount Previously Paid: $ Amount Paid This Date: $ Retainage (Including This Payment) Held to Date: $ In consideration of the receipt of the amount of payment set forth above and any and all past payments received from the Contractor in connection with the Project, the undersigned acknowledges and agrees that it has been paid all sums due for all labor, materials and/or equipment furnished by the undersigned to or in connection with the Project and the undersigned hereby releases, discharges, relinquishes and waives any and all claims, suits, liens and rights under any Notice of Identification, Notice of Contract or statement of account with respect to the Owner, the Project and/or against the Contractor on account of any labor, materials and/or equipment furnished through the date hereof. The undersigned individual represents and warrants that he is the duly authorized representative of the undersigned, empowered and authorized to execute and deliver this document on behalf of the undersigned and that this document binds the undersigned to the extent that the payment referred to herein is received. The undersigned represents and warrants that it has paid in full each and every sub-subcontractor, laborer and labor and/or material supplier with whom undersigned has dealt in connection with the Project and the undersigned agrees at its sole cost and expense to defend, indemnify and hold harmless the Contractor against any claims, demands, suits, disputes, damages, costs, expenses (including attorneys' fees), liens and/or claims oflien of lien made by such sub-subcontractors, laborers and labor and/or material suppliers arising out of or in any way related to the Project. This document is to take effect as a sealed instrument. Signed under the penalties of perjury as of this _________ day of _________ , 20__20 . SUBCONTRACTOR: Signature and Printed N arne Name of Individual Signing this Lien Waiver WITNESS: Name: Title: Dated: CONTRACTOR'S WAIVER OF CLAIMS AGAINST OWNER AND ACKNOWLEDGMENT OF FINAL PAYMENT Commonwealth of Massachusetts Date: COUNTY OF Invoice No.: OWNER: CONTRACTOR: PROJECT: 1. Original Contract Amount: None$ 2. Approved Change Orders: $ 3. Adjusted Contract Amount: $ 4. Sums Paid on Account of Contract Amount: $ 5. Less Final Payment Due: $

Appears in 1 contract

Samples: Lease (Fleetmatics Group PLC)

Disputed Claims. $ The undersigned who has a contract with _________________________ for furnishing labor or materials or both labor and materials or rental equipment, appliances or tools for the erection, alteration, repair or removal of a building or structure or other improvement of real property known and identified as located in _______________ (city or town), _______________ County, and owned by _______________ , upon receipt of ($ _______________ ) in payment of an invoice/requisition/application for payment dated _______________ does hereby: (a) waive any and all liens and right of lien on such real property for labor or materials, or both labor and materials, or rental equipment, appliances or tools, performed or furnished through the following date (payment period), except for retainage, unpaid agreed or pending change orders, and disputed claims as stated above; (b) subordinate any and all liens and right of lien to secure payment for such unpaid, agreed or pending change orders and disputed claims, and such further labor or materials, or both labor and materials, or rental equipment, appliances or tools, except for retainage, performed or furnished at any time through the twenty-fifth day after the end of the above payment period, to the extent of the amount actually advanced by the above lender/mortgagee through such twenty-fifth day. Signed under the penalties of perjury this _________ day of _________ , 20__. WITNESS: CONTRACTOR: Name: Name: Title: Title: SUBCONTRACTOR'S LIEN WAIVER General Contractor: Subcontractor: Owner: Project: Total Amount Previously Paid: $ Amount Paid This Date: $ Retainage (Including This Payment) Held to Date: $ In consideration of the receipt of the amount of payment set forth above and any and all past payments received from the Contractor in connection with the Project, the undersigned acknowledges and agrees that it has been paid all sums due for all labor, materials and/or equipment furnished by the undersigned to or in connection with the Project and the undersigned hereby releases, discharges, relinquishes and waives any and all claims, suits, liens and rights under any Notice of Identification, Notice of Contract or statement of account with respect to the Owner, the Project and/or against the Contractor on account of any labor, materials and/or equipment furnished through the date hereof. The undersigned individual represents and warrants that he is the duly authorized representative of the undersigned, empowered and authorized to execute and deliver this document on behalf of the undersigned and that this document binds the undersigned to the extent that the payment referred to herein is received. The undersigned represents and warrants that it has paid in full each and every sub-subcontractor, laborer and labor and/or material supplier with whom undersigned has dealt in connection with the Project and the undersigned agrees at its sole cost and expense to defend, indemnify and hold harmless the Contractor against any claims, demands, suits, disputes, damages, costs, expenses (including attorneys' fees), liens and/or claims oflien of lien made by such sub-subcontractors, laborers and labor and/or material suppliers arising out of or in any way related to the Project. This document is to take effect as a sealed instrument. Signed under the penalties of perjury as of this _________ day of _________ , 20__. SUBCONTRACTOR: Signature and Printed N arne Name of Individual Signing this Lien Waiver WITNESS: Name: Title: Dated: CONTRACTOR'S WAIVER OF CLAIMS AGAINST OWNER AND ACKNOWLEDGMENT OF FINAL PAYMENT Commonwealth of Massachusetts Date: COUNTY OF Invoice No.: OWNER: CONTRACTOR: PROJECT: 1. Original Contract Amount $ 2. Approved Change Orders: None$

Appears in 1 contract

Samples: Lease Agreement (Akamai Technologies Inc)

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Disputed Claims. $ The undersigned who has a contract with _________________________ for furnishing labor or materials or both labor and materials or rental equipment, appliances or tools for the erection, alteration, repair or removal of a building or structure or other improvement of real property known and identified as located in _______________ (city or town), _______________ County, and owned by _______________ , upon receipt of ($ _______________ ) in payment of an invoice/requisition/application for payment dated _______________ does hereby: (a) waive any and all liens and right of lien on such real property for labor or materials, or both labor and materials, or rental equipment, appliances or tools, performed or furnished through the following date (payment period), except for retainage, unpaid agreed or pending change orders, and disputed claims as stated above; (b) subordinate any and all liens and right of lien to secure payment for such unpaid, agreed or pending change orders and disputed claims, and such further labor or materials, or both labor and materials, or rental equipment, appliances or tools, except for retainage, performed or furnished at any time through the twenty-fifth day after the end of the above payment period, to the extent of the amount actually advanced by the above lender/mortgagee through such twenty-fifth day. Signed under the penalties of perjury this _________ day of _________ , 20__20 . WITNESS: CONTRACTOR: Name: Name: Title: Title: SUBCONTRACTOR'S LIEN WAIVER General Contractor: Subcontractor: Owner: Project: Total Amount Previously Paid: $ Amount Paid This Date: $ Retainage (Including This Payment) Held to Date: $ In consideration of the receipt of the amount of payment set forth above and any and all past payments received from the Contractor in connection with the Project, the undersigned acknowledges and agrees that it has been paid all sums due for all labor, materials and/or equipment furnished by the undersigned to or in connection with the Project and the undersigned hereby releases, discharges, relinquishes and waives any and all claims, suits, liens and rights under any Notice of Identification, Notice of Contract or statement of account with respect to the Owner, the Project and/or against the Contractor on account of any labor, materials and/or equipment furnished through the date hereof. The undersigned individual represents and warrants that he is the duly authorized representative of the undersigned, empowered and authorized to execute and deliver this document on behalf of the undersigned and that this document binds the undersigned to the extent that the payment referred to herein is received. The undersigned represents and warrants that it has paid in full each and every sub-subcontractor, laborer and labor and/or material supplier with whom undersigned has dealt in connection with the Project and the undersigned agrees at its sole cost and expense to defend, indemnify and hold harmless the Contractor against any claims, demands, suits, disputes, damages, costs, expenses (including attorneys' fees), liens and/or claims oflien of lien made by such sub-subcontractors, laborers and labor and/or material suppliers arising out of or in any way related to the Project. This document is to take effect as a sealed instrument. Signed under the penalties of perjury as of this _________ day of _________ , 20__20 . SUBCONTRACTOR: Signature and Printed N arne Name of Individual Signing this Lien Waiver WITNESS: Name: Title: Dated: CONTRACTOR'S WAIVER OF CLAIMS AGAINST OWNER AND ACKNOWLEDGMENT OF FINAL PAYMENT Commonwealth of Massachusetts Date: COUNTY OF Invoice No.: OWNER: CONTRACTOR: PROJECT: 1. Original Contract Amount: None$ 2. Approved Change Orders: $ 3. Adjusted Contract Amount: $ 4. Sums Paid on Account of Contract Amount: $ 5. Less Final Payment Due: $ The undersigned being duly sworn hereby attests that when the Final Payment Due as set forth above is paid in full by Owner, such payment shall constitute payment in full for all labor, materials, equipment and work in place furnished by the undersigned in connection with the aforesaid contract and that no further payment is or will be due to the undersigned. The undersigned hereby attests that it has satisfied all claims against it for items, including by way of illustration but not by way of limitation, items of: labor, materials, insurance, taxes, union benefits, equipment, etc. employed in the prosecution of the work of said contract, and acknowledges that satisfaction of such claims serves as an inducement for the Owner to release the Final Payment Due. The undersigned hereby agrees to indemnify and hold harmless the Owner from and against all claims arising in connection with its Contract with respect to claims for the furnishing of labor, materials and equipment by others. Said indemnification and hold harmless shall include the reimbursement of all actual attorneys’ fees and all costs and expenses of every nature, and shall be to the fullest extent permitted by law. The undersigned hereby irrevocably waives and releases any and all liens and right of lien on such real property and other property of the Owner for labor or materials, or both labor and materials, or rental equipment, appliances or tools, performed or furnished by the undersigned, and anyone claiming by, through, or under the undersigned, in connection with the Project. The undersigned hereby releases, remises and discharges the Owner, any agent of the Owner and their respective predecessors, successors, assigns, employees, officers, shareholders, directors, and principals, whether disclosed or undisclosed (collectively “Releasees”) from and against any and all claims, losses, damages, actions and causes of action (collectively “Claims”) which the undersigned and anyone claiming by, through or under the undersigned has or may have against the Releasees, including, without limitation, any claims arising in connection with the Contract and the work performed thereunder. Notwithstanding anything to the contrary herein, payment to the undersigned of the Final Payment Due sum as set forth above, shall not constitute a waiver by the Owner of any of its rights under the contract including by way of illustration but not by way of limitation guarantees and/or warranties. Payment will not be made until a signed waiver is returned to Owner. The undersigned individual represents and warrants that he/she is the duly authorized representative of the undersigned, empowered and authorized to execute and deliver this document on behalf of the undersigned. Signed under the penalties of perjury as a sealed instrument as of this day of , . Corporation By: Name: Title: Hereunto duly authorized COUNTY OF SUFFOLK On this day of , 20 , before me, the undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it as for , a corporation/partnership voluntarily for its stated purpose. NOTARY PUBLIC My Commission Expires: Where in the Lease to which this Exhibit is attached provision is made for a Broker Determination of Prevailing Market Rent (defined in Section 3.2B of the Lease), the following procedures and requirements shall apply:

Appears in 1 contract

Samples: Lease Agreement (Brightcove Inc)

Disputed Claims. $ The undersigned who has a contract with _________________________ The Xxxxxx Company for furnishing labor or materials or both labor and materials or rental equipment, appliances or tools for the erection, alteration, repair or removal of a building or structure or other improvement of real property known and identified as Sample Subcontract located in _______________ Project City/ST/ZIP (city or town), _______________ ANY County, Commonwealth of Massachusetts and owned by _______________ The Xxxxxx Company , upon receipt of ($ _______________ ) in payment of an invoice/requisition/application for payment dated _______________ does hereby: (a) waive any and all liens and right of lien on such real property for labor or materials, or both labor and materials, or rental equipment, appliances or tools, performed or furnished through the following date date: (payment period), except for retainage, unpaid agreed or pending change orders, and disputed claims as stated above;; and (b) subordinate any and all liens and right of lien to secure payment for such unpaid, agreed or pending change orders and disputed claims, and such further labor or materials, or both labor and materials, or rental equipment, appliances or tools, except for retainage, performed or furnished at any time through the twenty-fifth day after the end of the above payment period, to the extent of the amount actually advanced by the above lender/mortgagee through such twenty-fifth day. Signed under the penalties of perjury this _________ day of , _________ , 20__20 . WITNESS: CONTRACTOR: Name: Name: Title: TitleSworn to and subscribed before me, this day of , 20 . Notary Public My commission expires: SUBCONTRACTOR'S LIEN WAIVER General Contractor: SubcontractorTYPE OF WORK: OwnerCONTRACTOR: ProjectOWNER: Total Amount Previously PaidPROJECT: $ Amount Paid This DateLOCATION: $ Retainage (Including This Payment) Held STATE: COUNTY: LEGAL DESCRIPTION OF REAL PROPERTY: The Xxxxxx Company Phase Description The Xxxxxx Company The Xxxxxx Company Sample Subcontract Project Address ANY Exhibit "M" attached hereto. The undersigned, first being duly sworn, states on oath: that Subcontractor has been employed by Contractor to Date: $ In consideration of perform work on certain improvements and to furnish certain materials and services to the Project located on the Real Property described on Exhibit "M" attached hereto; that upon receipt of $ , the amount of payment set forth above Subcontractor waives and releases any and all past payments received from claims and rights of liens Subcontractor has upon the Contractor Real Property described on Exhibit "M", any claims and rights Subcontractor may have against any payment or performance bonds issued in connection with the Project, the undersigned acknowledges and agrees that it has been paid all sums due for all labor, materials and/or equipment furnished by the undersigned to or in connection with the Project and the undersigned hereby releases, discharges, relinquishes and waives any and all claims, suits, liens claims Subcontractor has against Contractor and rights under any Notice of Identification, Notice of Contract or statement of account with respect to the Owner, the Project and/or against the Contractor owner on account of any labor, materials and/or equipment furnished through the date hereof. The undersigned individual represents and warrants Subcontractor's work performed for said Contractor for the Project or premises; that he is the duly authorized representative of the undersigned, empowered and authorized to execute and deliver this document on behalf of the undersigned and that this document binds the undersigned to the extent that the payment referred to herein is received. The undersigned represents and warrants that it Subcontractor has paid in full each all laborers employed by Subcontractor and every sub-subcontractorall suppliers, laborer vendors and labor and/or material supplier with whom undersigned has dealt subcontractors furnishing materials and services to Subcontractor in connection with said improvements; that upon receipt of the aforestated sum, the agreed price for the Subcontractor's Work for the Project has been paid in full; that Subcontractor knowingly and voluntarily waives and releases its liens, rights and claims unconditionally; and that the undersigned agrees at its sole cost is employed by Subcontractor and expense is duly authorized and empowered by Subcontractor to defend, indemnify execute this waiver and hold harmless the Contractor against any claims, demands, suits, disputes, damages, costs, expenses (including attorneys' fees), liens and/or claims oflien made by such sub-subcontractors, laborers and labor and/or material suppliers arising out release on behalf of or in any way related to the ProjectSubcontractor. This document is to take effect as a sealed instrument. Signed under the penalties of perjury as of this _________ day of _________ , 20__. SUBCONTRACTOR: Signature and Printed N arne of Individual Signing this Lien Waiver WITNESS: Name: Title: DatedSworn to and subscribed before me, this day of , 20 . Notary Public My commission expires: CONTRACTOR'S WAIVER OF CLAIMS AGAINST OWNER AND ACKNOWLEDGMENT OF FINAL PAYMENT Commonwealth of Massachusetts Date: COUNTY OF Invoice No.: OWNER: CONTRACTOR: PROJECT: NoneSee attached Schedule

Appears in 1 contract

Samples: Subcontract Agreement

Disputed Claims. $ The undersigned who has a contract with _________________________ for furnishing labor or materials or both labor and materials or rental equipment, appliances or tools for the erection, alteration, repair or removal of a building or structure or other improvement of real property known and identified as located in _______________ (city or town), _______________ County, and owned by _______________ , upon receipt of ($ _______________ ) in payment of an invoice/requisition/application for payment dated _______________ does hereby: (a) waive any and all liens and right of lien on such real property for labor or materials, or both labor and materials, or rental equipment, appliances or tools, performed or furnished through the following date (payment period), except for retainage, unpaid agreed or pending change orders, and disputed claims as stated above; (b) subordinate any and all liens and right of lien to secure payment for such unpaid, agreed or pending change orders and disputed claims, and such further labor or materials, or both labor and materials, or rental equipment, appliances or tools, except for retainage, performed or furnished at any time through the twenty-fifth day after the end of the above payment period, to the extent of the amount actually advanced by the above lender/mortgagee through such twenty-fifth day. Signed under the penalties of perjury this _________ day of _________ , 20__20 . WITNESS: CONTRACTOR: Name: Name: Title: Title: SUBCONTRACTOR'S LIEN WAIVER General Contractor: Subcontractor: Owner: Project: Total Amount Previously Paid: $ Amount Paid This Date: $ Retainage (Including This Payment) Held to Date: $ In consideration of the receipt of the amount of payment set forth above and any and all past payments received from the Contractor in connection with the Project, the undersigned acknowledges and agrees that it has been paid all sums due for all labor, materials and/or equipment furnished by the undersigned to or in connection with the Project and the undersigned hereby releases, discharges, relinquishes and waives any and all claims, suits, liens and rights under any Notice of Identification, Notice of Contract or statement of account with respect to the Owner, the Project and/or against the Contractor on account of any labor, materials and/or equipment furnished through the date hereof. The undersigned individual represents and warrants that he is the duly authorized representative of the undersigned, empowered and authorized to execute and deliver this document on behalf of the undersigned and that this document binds the undersigned to the extent that the payment referred to herein is received. The undersigned represents and warrants that it has paid in full each and every sub-subcontractor, laborer and labor and/or material supplier with whom undersigned has dealt in connection with the Project and the undersigned agrees at its sole cost and expense to defend, indemnify and hold harmless the Contractor against any claims, demands, suits, disputes, damages, costs, expenses (including attorneys' fees), liens and/or claims oflien of lien made by such sub-subcontractors, laborers and labor and/or material suppliers arising out of or in any way related to the Project. This document is to take effect as a sealed instrument. Signed under the penalties of perjury as of this _________ day of _________ , 20__20 . SUBCONTRACTOR: Signature and Printed N arne Name of Individual Signing this Lien Waiver WITNESS: Name: Title: Dated: CONTRACTOR'S WAIVER OF CLAIMS AGAINST OWNER AND ACKNOWLEDGMENT OF FINAL PAYMENT Commonwealth of Massachusetts Date: COUNTY OF Invoice No.: OWNER: CONTRACTOR: PROJECT: 1. Original Contract Amount: None$ 2. Approved Change Orders: $ 3. Adjusted Contract Amount: $ 4. Sums Paid on Account of Contract Amount: $ 5. Less Final Payment Due: $ The undersigned being duly sworn hereby attests that when the Final Payment Due as set forth above is paid in full by Owner, such payment shall constitute payment in full for all labor, materials, equipment and work in place furnished by the undersigned in connection with the aforesaid contract and that no further payment is or will be due to the undersigned. The undersigned hereby attests that it has satisfied all claims against it for items, including by way of illustration but not by way of limitation, items of: labor, materials, insurance, taxes, union benefits, equipment, etc. employed in the prosecution of the work of said contract, and acknowledges that satisfaction of such claims serves as an inducement for the Owner to release the Final Payment Due. The undersigned hereby agrees to indemnify and hold harmless the Owner from and against all claims arising in connection with its Contract with respect to claims for the furnishing of labor, materials and equipment by others. Said indemnification and hold harmless shall include the reimbursement of all actual attorney’s fees and all costs and expenses of every nature, and shall be to the fullest extent permitted by law. The undersigned hereby irrevocably waives and releases any and all liens and right of lien on such real property and other property of the Owner for labor or materials, or both labor and materials, or rental equipment, appliances or tools, performed or furnished by the undersigned, and anyone claiming by, through, or under the undersigned, in connection with the Project. The undersigned hereby releases, remises and discharges the Owner, any agent of the Owner and their respective predecessors, successors, assigns, employees, officers, shareholders, directors, and principals, whether disclosed or undisclosed (collectively “Releasees”) from and against any and all claims, losses, damages, actions and causes of action (collectively “Claims”) which the undersigned and anyone claiming by, through or under the undersigned has or may have against the Releasees, including, without limitation, any claims arising in connection with the Contract and the work performed thereunder. Notwithstanding anything to the contrary herein, payment to the undersigned of the Final Payment Due sum as set forth above, shall not constitute a waiver by the Owner of any of its rights under the contract including by way of illustration but not by way of limitation guarantees and/or warranties. Payment will not be made until a signed waiver is returned to Owner. The undersigned individual represents and warrants that he/she is the duly authorized representative of the undersigned, empowered and authorized to execute and deliver this document on behalf of the undersigned. Signed under the penalties of perjury as a sealed instrument as of this day of , . Corporation By: Name: Title: COUNTY OF SUFFOLK On this day of , 20 , before me, the undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it as for , a corporation/partnership voluntarily for its stated purpose. NOTARY PUBLIC My Commission Expires: Floor Floor Square Footage Commencement Date Base Rental Rate Base Operating Expense Calendar Year Base Tax Fiscal Year 3 27,094 RSF May 29, 2009 October 1, 2012 – September 30, 2013: $32.00 per RSF per annum 2010 2011 October 1, 2013 – September 30, 2014: $33.00 per RSF per annum 2010 2011 October 1, 2014 – September 30, 2015: $34.00 per RSF per annum 2010 2011 3 4,876 RSF May 29, 2009 October 1, 2012 – September 30, 2013: $32.00 per RSF per annum 2010 2011 October 1, 2013 – September 30, 2014: $33.00 per RSF per annum 2010 2011 October 1, 2014 – September 30, 2015: $34.00 per RSF per annum 2010 2011 3 8,400 RSF May 29, 2009 October 1, 2012 – September 30, 2013: $32.00 per RSF per annum 2010 2011 Floor Floor Square Footage Commencement Date Base Rental Rate Base Operating Expense Calendar Year Base Tax Fiscal Year October 1, 2013 – September 30, 2014: $33.00 per RSF per annum 2010 2011 October 1, 2014 – September 30, 2015: $34.00 per RSF per annum 2010 2011 3 25,661 RSF May 29, 2009 October 1, 2012 – September 30, 2013: $32.00 per RSF per annum 2010 2011 October 1, 2013 – September 30, 2014: $33.00 per RSF per annum 2010 2011 October 1, 2014 – September 30, 2015: $34.00 per RSF per annum 2010 2011 3 2,591 RSF May 29, 2009 October 1, 2012 – September 30, 2013: $32.00 per RSF per annum 2010 2011 October 1, 2013 – September 30, 2014: $33.00 per RSF per annum 2010 2011 October 1, 2014 – September 30, 2015: $34.00 per RSF per annum 2010 2011 Floor Floor Square Footage Commencement Date Base Rental Rate Base Operating Expense Calendar Year Base Tax Fiscal Year 3 4,422 RSF May 29, 2009 October 1, 2012 – September 30, 2013: $32.00 per RSF per annum 2010 2011 October 1, 2013 – September 30, 2014: $33.00 per RSF per annum 2010 2011 October 1, 2014 – September 30, 2015: $34.00 per RSF per annum 2010 2011 3 10,335 RSF May 29, 2009 October 1, 2012 – September 30, 2013: $32.00 per RSF per annum 2010 2011 October 1, 2013 – September 30, 2014: $33.00 per RSF per annum 2010 2011 October 1, 2014 – September 30, 2015: $34.00 per RSF per annum 2010 2011 3 2,204 RSF May 29, 2009 Rent Commencement Date – September 30, 2015: $32.50 per RSF per annum 2010 2011 3 11,731 RSF August 7, 2009 August 7, 2009 – September 30, 2015: $32.50 per RSF per annum 2010 2011 Floor Floor Square Footage Commencement Date Base Rental Rate Base Operating Expense Calendar Year Base Tax Fiscal Year 2 5,566 RSF August 7, 2009 August 7, 2009 – September 30, 2015: $32.50 per RSF per annum 2010 2011 3 7,750 RSF January 8, 2010 January 8, 2010 – September 30, 2015: $32.50 per RSF per annum 2010 2011

Appears in 1 contract

Samples: Lease (Constant Contact, Inc.)

Disputed Claims. $ The undersigned who has a contract with _________________________ for furnishing labor or materials or both labor and materials or rental equipment, appliances or tools for the erection, alteration, repair or removal of a building or structure or other improvement of real property known and identified as located in _______________ (city or town), _______________ County, and owned by _______________ upon receipt of $ _______________ in payment of an invoice/requisition/application for payment dated _______________ does hereby:$ (a) waive any and all liens and right of lien on such real property for labor or materials, or both labor and materials, or rental equipment, appliances or tools, performed or furnished through the following date ________________ (payment period), except for retainage, unpaid agreed or pending change orders, and disputed claims as stated above; (b) subordinate any and all liens and right of lien to secure payment for such unpaid, agreed or pending change orders and disputed claims, and such further labor or materials, or both labor and materials, or rental equipment, appliances or tools, except for retainage, performed or furnished at any time through the twenty-fifth day after the end of the above payment period, to the extent of the amount actually advanced by the above lender/mortgagee through such twenty-fifth day. Signed under the penalties of perjury this _________ day of _________ _, 20__. WITNESS: CONTRACTOR: Name: Name: Title: Title: SUBCONTRACTOR'S LIEN WAIVER General Contractor: Subcontractor: Owner: Project: Total Amount Previously Paid: $ Amount Paid This Date: $ Retainage (Including This Payment) Held to Date: $ In consideration of the receipt of the amount of payment set forth above and any and all past payments received from the Contractor in connection with the Project, the undersigned acknowledges and agrees that it has been paid all sums due for all labor, materials and/or equipment furnished by the undersigned to or in connection with the Project and the undersigned hereby releases, discharges, relinquishes and waives any and all claims, suits, liens and rights under any Notice of Identification, Notice of Contract or statement of account with respect to the Owner, the Project and/or against the Contractor on account of any labor, materials and/or equipment furnished through the date hereof. The undersigned individual represents and warrants that he is the duly authorized representative of the undersigned, empowered and authorized to execute and deliver this document on behalf of the undersigned and that this document binds the undersigned to the extent that the payment referred to herein is received. The undersigned represents and warrants that it has paid in full each and every sub-subcontractor, laborer and labor and/or material supplier with whom undersigned has dealt in connection with the Project and the undersigned agrees at its sole cost and expense to defend, indemnify and hold harmless the Contractor against any claims, demands, suits, disputes, damages, costs, expenses (including attorneys' fees), liens and/or claims oflien of lien made by such sub-subcontractors, laborers and labor and/or material suppliers arising out of or in any way related to the Project. This document is to take effect as a sealed instrument. Signed under the penalties of perjury as of this _________ day of _________ ______, 20__. 1. SUBCONTRACTOROriginal Contract Amount: Signature and Printed N arne of Individual Signing this Lien Waiver WITNESS$ 2. Approved Change Orders: Name: Title: Dated: CONTRACTOR'S WAIVER OF CLAIMS AGAINST OWNER AND ACKNOWLEDGMENT OF FINAL PAYMENT Commonwealth of Massachusetts Date: COUNTY OF Invoice No.: OWNER: CONTRACTOR: PROJECT: None$

Appears in 1 contract

Samples: Lease Agreement (Rapid7, Inc.)

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