Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of claims by the Owner except those arising from:
(1) claims, security interests, purported liens, or other attempted encumbrances arising out of the Contract and remaining unsettled;
(2) defective or nonconforming Work appearing after Substantial Completion;
(3) latent defects, as defined in Subparagraph 12.2(d), appearing after Final Completion; or
Waiver of Claims: Final Payment. The acceptance by the Contractor of the final payment and release of any retainage shall operate as and shall be a release to the Authority from all present and future claims or liabilities, of whatever kind or nature, arising under, relating to or in connection with the Work or the Project, or from any act or omission of the Authority relating to or connected with the Contract Documents, the Work or the Project, except those Claims or liabilities, if any, for which Contractor has prior to the making of final payment provided the Authority with written notice in accordance with this Section.
Waiver of Claims: Final Payment. The making and acceptance of Final Payment shall constitute a waiver of claims by LCOG except those arising from:
a. Liens, claims, security interests, or encumbrances arising out of the Contract and unsettled;
b. Failure of the Work to comply with the requirements of the Contract;
c. Terms of special warranties required by the Contract; or
d. Faulty or defective work appearing after Final Completion.
Waiver of Claims: Final Payment. The making of final payment does not constitute a waiver of Claims by the Owner.
Waiver of Claims: Final Payment. 5.4.5.1 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: Claims reserved in writing or unsettled liens, Claims, security interests or encumbrances arising out of the performance of the Project Work; pending Warranty Claims and potential Warranty Claims arising within the warranty term or terms of special warranties required by the Contract Documents; claims arising from the discovery of defects in the performance of the Work or non-compliance with the Contract Documents; demands for contribution or indemnity against third-party claims for personal injury, illness, death or property damage or loss; and demands or notices from governmental agencies. The Owner's rights hereunder shall survive the completion of the Agreement.
5.4.5.2 acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment.
Waiver of Claims: Final Payment. The making and acceptance of Final Payment shall constitute a waiver of claims by RFTA except those arising from:
(a) Liens, claims, security interests, or encumbrances arising out of the Contract and unsettled;
(b) Failure of the Work to comply with the requirements of the Contract; (c) Terms of special warranties required by the Contract; or
(c) Faulty or defective work appearing after Final Completion.
Waiver of Claims: Final Payment. The making of final payment shall not constitute a waiver of Claims by the Owner against the Contractor. Any Claim of the Owner against the Contractor shall be deemed to have accrued upon discovery by the Owner of the condition or breach upon which such Claim is based, for the purpose of any applicable statute of limitation.
