Common use of Interim Lien and Claim Waivers Clause in Contracts

Interim Lien and Claim Waivers. Each Invoice received by Owner prior to Final Completion shall be accompanied by (i) a fully executed Interim Lien and Claim Waiver from Contractor in the form of Schedules K-1 and K-2 for all Work performed through the date for which payment is requested, (ii) fully executed Interim Lien and Claim Waivers from each Major Subcontractor in the form set forth in Schedules K-3 and K-4 for all Work performed through the date for which payment is requested and (iii) if requested by Owner, fully executed Interim Lien and Claim Waivers from all Major Sub-subcontractors in the form set forth in Schedules K-3 and K-4 for all Work performed through the date for which payment is requested. Interim Lien and Claim Waivers, however, shall not be required from Major Subcontractors, Major Sub-subcontractors, Subcontractors or Sub-subcontractors until they have performed and invoiced Contractor for their Work, and Major Subcontractors, Major Sub-subcontractors, Subcontractors and Sub-subcontractors shall be required to submit additional Interim Lien and Claim Waivers only if they have performed Work not covered by a previous Interim Lien and Claim Waiver. Submission of all Interim Lien and Claim Waivers are a condition precedent to payment of any Invoice (provided that if Contractor does not submit an Interim Lien and Claim Waiver for a Major Subcontractor or Major Sub-subcontractor in accordance with this Section 7.2C, Owner may withhold payment for the amount allocated to such Major Subcontractor or Major Sub-subcontractor that has not provided an Interim Lien and Claim Waiver).

Interim Lien and Claim Waivers. Each Invoice received by Owner prior to Final Completion shall be accompanied by (i) a fully executed Interim Lien Waiver and Release of Liens from Contractor in the form of Schedule K-1, and a fully executed Interim Claim Waiver from Contractor in the form of Schedules K-1 and K-2 Schedule K-2, for all Work performed through the date for which payment is requested, (ii) fully executed Interim Lien Waiver and Release of Liens from each Major Subcontractor in the form set forth in Schedule K-3, and fully executed Interim Claim Waivers from each Major Subcontractor in the form set forth in Schedules K-3 and K-4 Schedule K-4, for all Work performed through the date for which payment is requested and (iii) if requested by Owner, fully executed Interim Lien Waiver and Release of Liens from all Major Sub-subcontractors requested substantially in the form set forth in Schedule K-3 (but nevertheless conforming with Applicable Law), and fully executed Interim Claim Waivers from all Major Sub-subcontractors requested in substantially the form set forth in Schedules K-3 and K-4 Schedule K-4, for all Work performed through the date for which payment is requested; provided, however, with respect Siemens, receipt of Interim Waiver and Release of Liens and Interim Claim Waivers from Siemens will be in accordance with the form and content requirements set forth in the Siemens Contract; provided further, however, with respect to Major Sub-subcontractors under Siemens, receipt of Interim Waiver and Release of Liens and Interim Claim Waivers from such Major Sub-subcontractors will be in accordance with the form, content and timing requirements set forth in the Siemens Contract. Interim Lien Waiver and Release of Liens and Interim Claim Waivers, however, shall not be required from Major Subcontractors, Major Sub-subcontractors, Subcontractors or Major Sub-subcontractors until they have performed and invoiced Contractor for their Work, and Major Subcontractors, Major Sub-subcontractors, Subcontractors and Major Sub-subcontractors shall be required to submit additional Interim Lien Waiver and Release of Liens and Interim Claim Waivers only if they have performed Work not covered by a previous Interim Lien Waiver and Release of Liens and Interim Claim Waiver. Submission of all Interim Lien Waiver and Release of Liens and Interim Claim Waivers are in accordance with this Section 7.2C is a condition precedent to payment of any Invoice (provided that if Contractor does not submit an Interim Lien and Claim Waiver for a Major Subcontractor or Major Sub-subcontractor in accordance with this Section 7.2C, Owner may withhold payment for the amount allocated to such Major Subcontractor or Major Sub-subcontractor that has not provided an Interim Lien and Claim Waiver)Invoice.

Interim Lien and Claim Waivers. Each Invoice received by Owner prior to Final Completion of the Project shall be accompanied by (i) a fully executed Interim Lien and Claim Waiver Waivers from Contractor in the form of Schedules K-1 set forth in Schedule I-1 and K-2 Schedule I-2 for all Work performed through the date for which payment is requested, (ii) fully executed Interim Lien and Claim Waivers from each Major Subcontractor in the form set forth in Schedules K-3 Schedule I-3 and K-4 Schedule I-4 for all Work performed through the date for which payment is requested and (iii) if requested by Owner, fully executed Interim Lien and Claim Waivers from all Major Sub-subcontractors requested in substantially the form set forth in Schedules K-3 Schedule I-3 and K-4 Schedule I-4 for all Work performed through the date for which payment is requested. Interim Lien and Claim Waivers, however, shall not be required from Major Subcontractors, Major Sub-subcontractors, Subcontractors or Sub-subcontractors until they have performed and invoiced Contractor for their Work, and Major Subcontractors, Major Sub-subcontractors, Subcontractors and Sub-subcontractors shall be required to submit additional Interim Lien and Claim Waivers only if they have performed Work not covered by a previous Interim Lien and Claim Waiver. Submission of all Interim Lien and Claim Waivers are from Contractor in accordance with (i) above is a condition precedent to payment of any Invoice (provided that Invoice. In addition, if Contractor does not fails to submit an Interim Lien and Claim Waiver for a Major Waivers as required from any Subcontractor or Major Sub-subcontractor, then Owner may withhold an amount equal to the Allowable Costs plus Contractor Fee and Corporate Overhead due with respect to the Work performed by such Subcontractor or Sub-subcontractor in accordance with this Section 7.2C, Owner may withhold payment for until Contractor submits the amount allocated to such Major Subcontractor or Major Sub-subcontractor that has not provided an Interim required Lien and Claim Waiver)Waivers from such Subcontractor or Sub-subcontractor.

Interim Lien and Claim Waivers. Each Invoice received by Owner prior to Final Completion shall be accompanied by by: (ia) a fully executed Interim Lien and Claim Waiver from Contractor in the form of Schedules K-1 and K-2 Appendix EE-1 for all Work performed through the date for which payment is requested, ; and (iib) fully executed Interim Lien and Claim Waivers from each Major Subcontractor Supplier in the form set forth in Schedules K-3 and K-4 Appendix EE-2 for all Work performed through the date for which payment is requested and (iii) if requested by Owner, fully executed Interim Lien and Claim Waivers from all Major Sub-subcontractors in the form set forth in Schedules K-3 and K-4 for all Work performed through the date for which payment is requested. Interim Lien and Claim Waivers, however, Waivers shall not be required from Major Subcontractors, Major Sub-subcontractors, Subcontractors or Sub-subcontractors Suppliers until they have performed and invoiced Contractor for their Work, and Major Subcontractors, Major Sub-subcontractors, Subcontractors and Sub-subcontractors Suppliers shall be required to submit additional Interim Lien and Claim Waivers only if they have performed Work not covered by a previous Interim Lien and Claim Waiver. Submission of all Interim Lien and Claim Waivers are covering the period through the end of the applicable Month is a condition precedent to payment of any Invoice. In addition, beginning with the second Invoice submitted by Contractor hereunder, Contractor shall submit (provided that if Contractor does not submit an i) a fully executed Interim Unconditional Lien and Claim Waiver from Contractor in the form of Appendix FF-1 for a Major Subcontractor or Major Sub-subcontractor in accordance with this Section 7.2C, Owner may withhold all Work for which payment was received and for the amount allocated to such Major Subcontractor or Major Sub-subcontractor that which Contractor has not previously provided an Interim Unconditional Lien and Claim Waiver); (ii) fully executed Interim Unconditional Lien and Claim Waivers from each Major Supplier in the form set forth in Appendix FF-2 for all Work for which payment has been received and for which the Major Supplier has not previously provided an Interim Unconditional Lien and Claim Waiver; (iii) fully executed Final Lien and Claim Waivers in the form set forth in Appendix GG-2 from each Major Supplier that performed any part of the Work in the prior Month and that has completed all of the Work to be performed by that Major Supplier for which the Major Supplier has not previously provided a Final 116 Unconditional Lien and Claim Waiver; and (iv) fully executed Final Unconditional Lien and Claim Waivers in the form set forth in Appendix HH-2 from each Major Supplier that has completed all of the Work to be performed by that Major Supplier and has not previously executed and delivered a Final Unconditional Lien and Claim Waiver.