Common use of Unconditional Releases Clause in Contracts

Unconditional Releases. Duly executed acknowledgments of payments and unconditional releases of mechanics' and materialmen's liens in the form of Exhibit Y-1 from the Contractors and Subcontractors listed in clauses (i) and (ii) below for all work, services and materials, including equipment and fixtures of all kinds, done, performed or furnished for the construction of the Project through the last day covered by the immediately preceding Advance Request, except for such work, services and materials the payment for which does not exceed, in the aggregate $10,000,000 and is being disputed in good faith, so long as (1) such proceedings shall not involve any substantial danger of the sale, forfeiture or loss of the Project, or any Mortgaged Property, as the case may be, title thereto or any interest therein and shall not interfere in any material respect with the Project or any Mortgaged Property and (2) adequate cash reserves have been provided therefor through an allocation in the Anticipated Cost Report. The Persons required to provide such lien releases are: (i) The Prime Contractor and each of its first tier trade subcontractors and materialmen under the Prime Construction Contract, in each case performing work with a contract price (or expected aggregate amount to be paid in the case of "cost-plus" contracts) in excess of $25,000; and (ii) (A) Each Contractor party to a "fixed price" contract and (B) each other Contractor and each of its first tier trade subcontractors and materialmen, in each case performing work with a contract price (or expected aggregate amount to be paid in the case of "cost-plus" contracts) in excess of $100,000 (or with respect to suppliers and vendors who are located outside the United States and do not provide labor at the Site, $200,000).

Appears in 2 contracts

Samples: Master Disbursement Agreement (Wynn Resorts LTD), Master Disbursement Agreement (Wynn Resorts LTD)

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Unconditional Releases. Duly executed acknowledgments of payments and unconditional releases of mechanics' and materialmen's ’s liens substantially in the form of Exhibit Y-1 H-1 from the Contractors and Subcontractors listed in clauses (i) and (ii) below for all work, services and materials, including equipment and fixtures of all kinds, done, performed or furnished for the construction of the each Project through the last day covered by the immediately preceding Advance RequestOctober 31, 2004, except for such work, services and materials the payment for which does not exceed, in the aggregate $10,000,000 and is being disputed in good faith, so long as (1) such proceedings shall not involve any substantial danger of the sale, forfeiture or loss of the either Project, or any Mortgaged Property, as the case may be, title thereto or any interest therein and shall not interfere in any material respect with the either Project or any Mortgaged Property and (2) adequate cash reserves have been provided therefor through an allocation in the Phase I Anticipated Cost Report. The Persons required to provide such lien releases are: (i) The Prime Contractor Primary Contractors and each of its their first tier trade subcontractors and materialmen under the Prime Primary Construction ContractContracts, in each case performing work with a contract price (or expected aggregate amount to be paid in the case of "cost-plus" contracts) in excess of $25,000; and (ii) (A) Each Contractor party to a "fixed price" contract and (B) each other Contractor and each of its first tier trade subcontractors and materialmen, in each case performing work with a contract price (or expected aggregate amount to be paid in the case of "cost-plus" contracts) in excess of $100,000 (or with respect to suppliers and vendors who are located outside the United States and do not provide labor at the Site, $200,000).

Appears in 1 contract

Samples: Master Disbursement Agreement (Wynn Resorts LTD)

Unconditional Releases. Duly executed acknowledgments of payments and unconditional releases of mechanics' and materialmen's liens substantially in the form of Exhibit Y-1 H-1 from the Contractors and Subcontractors listed in clauses (i) and (ii) below for all work, services and materials, including equipment and fixtures of all kinds, done, performed or furnished for the construction of the Project Projects through the last day covered by the immediately preceding Advance Request, except for such work, services and materials the payment for which does not exceed, in the aggregate $10,000,000 and is being disputed in good faith, so long as (1) such proceedings shall not involve any substantial danger of the sale, forfeiture or loss of the ProjectProjects, or any Mortgaged Property, as the case may be, title thereto or any interest therein and shall not interfere in any material respect with the Project Projects or any Mortgaged Property and (2) adequate cash reserves have been provided therefor through an allocation in the applicable Anticipated Cost Report. The Persons required to provide such lien releases are: (i) The Prime Contractor the Primary Contractors and each of its their first tier trade subcontractors and materialmen under the Prime Primary Construction ContractContracts, in each case performing work with a contract price (or expected aggregate amount to be paid in the case of "cost-plus" contracts) in excess of $25,000; and (ii) (A) Each each Contractor party to a "fixed price" contract and (B) each other Contractor and each of its first tier trade subcontractors and materialmen, in each case performing work with a contract price (or expected aggregate amount to be paid in the case of "cost-plus" contracts) in excess of $100,000 (or with respect to suppliers and vendors who are located outside the United States and do not provide labor at the Site, $200,000).

Appears in 1 contract

Samples: Master Disbursement Agreement (Wynn Resorts LTD)

Unconditional Releases. Duly executed acknowledgments of payments and unconditional releases of mechanics' and materialmen's ’s liens substantially in the form of Exhibit Y-1 H-1 from the Contractors and Subcontractors listed in clauses (i) and (ii) below for all work, services and materials, including equipment and fixtures of all kinds, done, performed or furnished for the construction of the Project through Projects the last day covered by payment for which became due and payable prior to the date of the immediately preceding Advance Request, except for such work, services and materials the payment for which does not exceed, in the aggregate $10,000,000 and is being disputed in good faith, so long as (1) such proceedings shall not involve any substantial danger of the sale, forfeiture or loss of the ProjectProjects, or any Mortgaged Property, as the case may be, title thereto or any interest therein and shall not interfere in any material respect with the Project Projects or any Mortgaged Property and (2) adequate cash reserves have been provided therefor through an allocation in the applicable Anticipated Cost Report. The Persons required to provide such lien releases are: (i) The Prime Contractor the Primary Contractors and each of its their first tier trade subcontractors and materialmen under the Prime Primary Construction ContractContracts, in each case performing work with a contract price (or expected aggregate amount to be paid in the case of "cost-plus" contracts) in excess of $25,000; and (ii) (A) Each each Contractor party to a "fixed price" contract and (B) each other Contractor and each of its first tier trade subcontractors and materialmen, in each case performing work with a contract price (or expected aggregate amount to be paid in the case of "cost-plus" contracts) in excess of $100,000 (or with respect to suppliers and vendors who are located outside the United States and do not provide labor at the Site, $200,000).

Appears in 1 contract

Samples: Master Disbursement Agreement (Wynn Resorts LTD)

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Unconditional Releases. Duly executed acknowledgments of payments and unconditional releases of mechanics' and materialmen's liens substantially in the form of Exhibit Y-1 H-1 from the Contractors and Subcontractors listed in clauses (i) and (ii) below for all work, services and materials, including equipment and fixtures of all kinds, done, performed or furnished for the construction of the each Project through the last day covered by the immediately preceding Advance RequestOctober 31, 2004, except for such work, services and materials the payment for which does not exceed, in the aggregate $10,000,000 and is being disputed in good faith, so long as (1) such proceedings shall not involve any substantial danger of the sale, forfeiture or loss of the either Project, or any Mortgaged Property, as the case may be, title thereto or any interest therein and shall not interfere in any material respect with the either Project or any Mortgaged Property and (2) adequate cash reserves have been provided therefor through an allocation in the Phase I Anticipated Cost Report. The Persons required to provide such lien releases are: (i) The Prime Contractor Primary Contractors and each of its their first tier trade subcontractors and materialmen under the Prime Primary Construction ContractContracts, in each case performing work with a contract price (or expected aggregate amount to be paid in the case of "cost-plus" contracts) in excess of $25,000; and (ii) (A) Each Contractor party to a "fixed price" contract and (B) each other Contractor and each of its first tier trade subcontractors and materialmen, in each case performing work with a contract price (or expected aggregate amount to be paid in the case of "cost-plus" contracts) in excess of $100,000 (or with respect to suppliers and vendors who are located outside the United States and do not provide labor at the Site, $200,000).

Appears in 1 contract

Samples: Master Disbursement Agreement (Wynn Resorts LTD)

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