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Unconditional Waiver And Release On Final Payment
"I need an Unconditional Waiver and Release on Final Payment for a Hong Kong high-rise construction project worth HKD 50 million, where I'm the main contractor releasing claims against the property developer, with final payment expected in March 2025."
1. Parties: Identifies all parties to the waiver, including the releasing party (typically contractor/subcontractor) and the released party (typically owner/contractor)
2. Background: Brief description of the project, reference to the original contract, and context of the final payment
3. Definitions: Key terms used in the document, including 'Final Payment', 'Claims', 'Project', and 'Contract'
4. Final Payment Amount: Specifies the agreed final payment amount and payment details
5. Unconditional Waiver Statement: Clear statement that the waiver is unconditional upon receipt of the final payment
6. Scope of Release: Comprehensive description of claims and rights being waived and released
7. Representations and Warranties: Statements confirming authority to execute the waiver and that no claims have been assigned to third parties
8. Governing Law: Specification that Hong Kong law governs the waiver and release
9. Execution: Signature blocks and execution requirements
1. Exceptions to Release: Used when specific claims or rights are to be preserved and excluded from the waiver
2. Confirmation of Previous Payments: Include when there's a need to confirm receipt of all previous progress payments
3. Indemnification: Added when additional protection against future claims is required
4. Survival of Warranties: Used when certain warranty obligations need to survive the waiver
5. Dispute Resolution: Include when specific dispute resolution mechanisms need to be preserved or established
1. Schedule A - Project Details: Detailed description of the project, including location, scope, and relevant contract numbers
2. Schedule B - Payment Summary: Breakdown of all payments received and the final payment amount
3. Schedule C - Subcontractor List: List of all subcontractors and suppliers who have provided waivers (if applicable)
4. Appendix 1 - Supporting Documents: Copies of relevant certificates, permits, or other supporting documentation
Authors
Recitals
Definitions
Payment Acknowledgment
Release and Waiver
Scope of Release
Representations and Warranties
Exceptions to Release
Payment Terms
Unconditional Release Statement
Authority to Execute
No Prior Assignment
Indemnification
Governing Law
Severability
Entire Agreement
Amendment
Further Assurance
Counterparts
Notice
Third Party Rights
Dispute Resolution
Waiver of Rights
Binding Effect
Construction
Real Estate Development
Infrastructure
Engineering
Architecture
Manufacturing
Industrial Development
Commercial Development
Residential Development
Energy and Utilities
Legal
Finance
Project Management
Operations
Commercial
Risk Management
Procurement
Contract Administration
Claims Management
Corporate Governance
Project Manager
Construction Manager
Contract Administrator
Chief Financial Officer
Finance Director
Legal Counsel
Project Director
Quantity Surveyor
Commercial Manager
Risk Manager
Claims Manager
Operations Director
Site Manager
Procurement Manager
Company Secretary
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