As an inducement to the Owner, on behalf of Owner, making the requested payment, the undersigned represents and warrants the following:
upon receipt of the Progress Payment Amount, it will have received full and final payment, less retainage, for all work performed and labor, materials, and equipment supplied in connection with the Project through the Applicable Release Date (the “Work”); and
there are no outstanding claims with respect to the Work through the Applicable Release Date, except for those listed below; and
the undersigned has not assigned any claim or lien right, including, without limitation, such claim or lien arising from the Work, against the Owner or its property to any other person or entity; and
all persons or entities from whom the undersigned obtained labor, materials, or equipment for the Project have been paid in full and no such person or entity has any claim or lien against the Project for work performed on the Project, or labor, materials or equipment supplied for the Project, through the Applicable Release Date; and
no security interest has been given or executed by the undersigned in connection with any materials or equipment placed upon or installed in the Project.
The undersigned agrees, to the fullest extent of the law to, indemnify and hold harmless the said Owner or others with an interest in the Property, including any mortgagee of the Property, from and against all costs, losses, damages, claims, causes of action, judgments and expenses, including attorney’s fees, arising out of or in connection with claims against Owner or the Property which claims arise out of the performance of the Work and which may be asserted by undersigned or any of its suppliers, subcontractors of any tier or any of their representatives, officers, agents or employees except for those claims listed above, and except for claims arising out of the sole negligence or willful misconduct of the party indemnified or held harmless.
The foregoing shall not relieve the undersigned of its obligations under the provisions of said Agreement, which by their nature survive completion of the Work including, without limitation, warranties, guarantees and indemnities.
Contingent only on receipt of the sum of ______________________ (“Final Payment Amount”), the undersigned waives and releases the following:
(a) all rights the undersigned has to assert mechanic’s lien, materialman’s lien, construction lien, or other lien rights arising under applicable laws of the Commonwealth of Pennsylvania against any interest of the Owner or others in the Property, and
(b) all claims, causes of action, suits, debts, accounts, damages, and demands of whatever nature, in law or equity, the undersigned ever had or now has against the Owner, GRIT, Lenderor the Property, whether known or unknown, arising from or relating to the Project or any work performed on the Project, or labor, materials, or equipment supplied for the Project, by the undersigned or its Subcontractors or suppliers.
As an inducement to the Owner’s making the requested payment, the undersigned represents and warrants the following:
(a) upon receipt of the Final Payment Amount, it will have received full and final payment, including retainage, for all work performed on the Project, and all labor, materials, and/or equipment supplied in connection with the Project;
(b) there are no outstanding claims with respect to such work, labor, materials, or equipment;
(c) the undersigned has not assigned any claim or lien right against the Owner or its property to any other person or entity;
(d) all persons or entities from whom the undersigned has acquired labor and/or material for the Project have been paid in full and no such person or entity has any claim or lien against the Owner or its property for work performed or labor, materials or equipment supplied with respect to the Project; and
(e) no security interest has been given or executed by the undersigned in connection with any materials or equipment placed upon or installed in the Project.
(f) The undersigned agrees, to the fullest extent of the law to, indemnify and hold harmless the said Owner or others with an interest in the Property, including any mortgagee of the Property, from and against all costs, losses, damages, claims, causes of action, judgments and expenses, including attorney’s fees, arising out of or in connection with claims against Owner or the Property which claims arise out of the performance of the Work and which may be asserted by undersigned or any of its suppliers, subcontractors of any tier or any of their representatives, officers, agents or employees except for those claims listed above, and except for claims arising out of the sole negligence or willful misconduct of the party indemnified or held harmless.
The foregoing shall not relieve the undersigned of its obligations under the provisions of said Agreement, which by their nature survive completion of the Work including, without limitation, warranties, guarantees and indemnities.
