Partial Waiver definition
Examples of Partial Waiver in a sentence
As a prerequisite to payment, Subcontractor agrees that it will execute, in a form satisfactory to owner, all documents required by Contractor that evidence, ensure and guarantee that the Subcontractor has made payment for all work performed in connection with this Subcontract, including, but not limited to, Releases and Partial Waiver of Liens, in consideration for each and every payment and up to the date covered by the payment, whether partial or final.
The Purchase Agreement, dated as of October 31, 1998, by and between Dell Financial Services L.P., a Delaware limited partnership, and DFS-SPV, as amended by the Partial Waiver of Repurchase Option and Amendment to Receivables Purchase Agreement, dated as of August 20, 1999, is in full force and effect and has not been amended since August 20, 1999 except as set forth in that certain Omnibus Agreement dated as of November 1, 2000.
Notwithstanding the foregoing, Subcontractor shall execute the appropriate waivers and releases as a condition to all payments made under this Agreement, in the form of the Unconditional Waiver of Lien and Release attached as Exhibit C (for Final Payment) or Partial Waiver of Lien and Release attached as Exhibit D (for Progress Payments).
In addition, the Design-Builder must provide Supplier’s Waiver of Lien for Final Payment (Supplier’s Partial Waiver) for its material suppliers from the prior Payment Application.
The term “Contract Documents” shall consist of and collectively refer to: (a) this Agreement, (b) the relevant Contractor Agreement, (c) all properly executed Statements of Work, (d) all properly executed Change Orders, and (e) all attached Exhibits, including but not limited to (i) Exhibit A – Statement of Work, (ii) Exhibit B – Mood Media Installation and Field Services Standards, (iii) Exhibit C – Unconditional Waiver of Lien and Release, and (iv) Exhibit D – Partial Waiver of Lien and Release.
The parties hereto acknowledge and agree that, as of the Effective Date, but only during the Forbearance Period, the Investor Prepayment Premium Waiver and the Maturity Date Partial Waiver shall become effective and shall be irrevocable.
If required in the Summary of Terms of this Subcontract, or if requested by CGS, and w ithin seven (7) day s af ter receipt of any progress payment from CGS, Subcontractor shall submit to CGS a corresponding completed “Subcontractor Affidavit Regarding Unconditional Partial Waiver, Release of Lien and/or Bond Rights & Indemnity” in the formattached to this Subcontract as Exhibit C-1.
Any application for a Progress Payment must specifically state the Work completed during such period, and be accompanied by an appropriate Partial Waiver of Lien and Release, in the form attached as Exhibit D.
This Partial Waiver and Release of Lien is conditioned upon payment of the consideration described above.
The Purchase Agreement, dated as of October 31, 1998, by and between Dell Financial Services L.P., a Delaware limited partnership, and DFS-SPV, as amended by the Partial Waiver of Repurchase Option and Amendment to Receivables Purchase Agreement, dated as of August 20, 1999, is in full force and effect and has not been amended since the August 20, 1999.