The undersigned, for total price in SEC A (CONTRACT PRICE) minus SEC B (DEDUCTIONS) plus all payments of SEC C (CHANGE ORDERS) and complete final payment in SEC D (FINAL PAYMENT) whereof is hereby acknowledged and subject only to clearance of bank funds, has remised, released and forever discharged and by these presents does, for itself, its successors and its assigns, remise, release and forever discharge ALTA APARTMENTS LLC, PARK CITY LLC and ARGENT ADVISORS and their respective trustees, directors, officers, agents, employees, consultants, successors and assigns (collectively, the "Releasees") of and from all claims of liability to the undersigned for anything furnished or performed in connection with, or arising out of, the above-referenced Project and the above-referenced Contract between the undersigned and the above-referenced Owner, including, without limitation, all claims for extra work or by reason of extra work, labor, materials or equipment performed or furnished in connection with, relating to or arising out of the subject matter of the Project or said contract, and any prior act, neglect or default on the part of the Releasees in connection therewith, and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims and demands whatsoever in law or in equity, which against the Releasees the undersigned ever had, now has or which its successors or assigns hereafter can, shall or may have for, upon or by reason of any matter, cause or thing whatsoever from the beginning of the world to the date of these presents.
The undersigned further acknowledges that neither payment to the undersigned nor acceptance of the work, labor, materials or equipment performed or furnished by the undersigned shall in any way or manner operate as or constitute a release or waiver of the undersigned’s obligations, undertakings or liabilities in connection with the Project or the Contract or in any way affect or limit the same.
The undersigned further covenants and agrees that it will not claim or file a mechanic’s lien or other lien in connection with the Project or against any fund applicable thereto for any of the labor, material or equipment furnished and work performed by the contractor.
This Final Release and Lien Waiver may not be changed orally.