GENERAL DYNAMICS/NASSCO -
Conditional Waiver and Release Upon Progress Payment
(California Civil Code Section 3262(d)(1))
Re: NASSCO Purchase Order No. ______________, dated ____________.
Upon receipt by the undersigned of a check from _____________________________
in the sum of $ __________
payable to ____________________ (Payee or Payees of Check) and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release any mechanic's lien, stop notice, or bond right the undersigned has on the job of _____________________ located at NASSCO, 2798 Harbor Drive, San Diego, CA 92113, to the following extent.
This release covers a progress payment for labor, services, equipment, or material furnished to National Steel and Shipbuilding Company through ________________ 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 upon 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. Before any recipient of this document relies on it, said party should verify evidence of payment to the undersigned.