Unconditional Waiver and Release Upon Progress Payment

(California Civil Code Section 3262(d)(2))

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Re: NASSCO Purchase Order No. ______________, dated ____________.

The undersigned has been paid and has received a progress payment in the sum of $ ______________ for labor, services, equipment or material furnished to National Steel and Shipbuilding Company (NASSCO) on the NASSCO job _________________ located at 2798 E. Harbor Drive, San Diego, CA 92113 and does hereby release any mechanic’s lien, stop notice, or bond right that the undersigned has on the above referenced job to the following extent. 

This release covers a progress payment for labor, services, equipment, or material furnished to NASSCO through ________________ (date) only and does not cover any retentions retained before or after the release date; extras furnished before the release date for which payment has not been received; extras or items furnished after the release date. Rights based upon work performed or items furnished under a written change order which has been fully executed by the parties prior to the release date are covered by this release unless specifically reserved by the claimant in this release. This release of any mechanic’s lien, stop notice, or bond right shall not otherwise affect the contract rights, including rights between parties to the contract based on a rescission, abandonment, or breach of the contract, or the right of the undersigned to recover compensation for furnished labor, services, equipment, or material covered by this release if that furnished labor, services, equipment, or material was not compensated by the progress payment.

 

Dated _________________________ 

 

______________________________
Supplier Company Name

 

______________________________
Supplier Authorized Representative/Title

NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM.