UNCONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT

The undersigned has been paid and has received a progress payment in the sum of  __________________ for labor, services, equipment, or material furnished to
_________________________ on the job of _____________________________
located at ________________________________________________________
and does hereby release any mechanic’ 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 materials furnished to _________________
through _____________ only and does not cover any retention’s 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 mechanics’ 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.

Dated:  _______________________

Company Name:  _________________________________

By:  ___________________________________________

Printed Name / Title:  ______________________________

Phone:  ___________________  Fax:  _________________

Please sign and fax to: (714) 828-6455
Mail Original to: 2515 West Woodland Drive, Anaheim, CA 92801

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.

NOTE: CIVIL CODE 3262 (d) (2) PROVIDES: Where the claimant is required to execute a waiver and release in exchange for, or in order to induce payment of, a progress payment and the claimant asserts in the waiver it has, in fact, been paid the progress payment, the waiver and release shall follow substantially the form set forth above.

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UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT

The undersigned has been paid in full for all labor, services, equipment or material furnished to _________________________________________________
on the job of _________________________________________________
located at: __________________________________________________
and does hereby waive and release any right to a mechanic’s lien, stop notice, or any right against a labor and material bond on the job, except for disputed claims for extra work in the amount of ______________________.

Dated:  ___________________________
By:        ___________________________

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.

Please sign and fax to: (714) 828-6455
Mail Original to: 2515 West Woodland Drive, Anaheim, CA 92801

NOTE: CIVIL CODE 3262 (d) (4) PROVIDES: Where the claimant is required to execute a waiver and release in exchange for, or in order to induce payment of, a final payment and the claimant asserts in the waiver it has, in fact, been paid the final payment, the waiver and release shall follow substantially the form set forth above.

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PROJECT: ________________________________

SCOPE OF WORK:  ___________________________

We hereby warrant the work which we have provided in the above referenced project has been performed in accordance with the Contract Documents and that the work provided will fulfill the requirements together with any other work which may be damaged or misplaced by doing so, that may prove defective in its workmanship, materials, or failure to conform to the Contract requirements within a period of One (1) Year from the date of substantial completion of the above named project by Magnum Enterprises, Inc., without any expense whatsoever to the said Owner, ordinary wear and tear and unusual abuse and neglect excepted. In the event of our failure to comply with the above mentioned conditions within seventy two (72) hours after being notified in writing by the Owner or Magnum Enterprises, Inc., we collectively or separately do hereby authorize the Owner or Magnum Enterprises, Inc., to proceed to have said defects repaired and made good at our expense and we will honor and pay costs and charges therefore upon demand.

In the event of our failure to comply with the above mentioned conditions within a reasonable time period after notification in writing, we, the undersigned, all collectively and separately, hereby authorize the Owner upon demand all monies that the Owner may expend in making good said defective work.

Respectfully Submitted,
Signature: ____________________________________
Company: ____________________________________
Title: _________________________________________
Date: ________________________________________
State License No.:  ______________________________

Local Representative for repair or replacement:
Name: ______________________________________
Address: ____________________________________
Phone Number: _______________________________

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RE:

MEI Job No.  ____________________________________
Job Name ______________________________________
Job Address   __________________________________
City, State, Zip ___________________________________

INVOICE FROM:
Subcontractor Company Name:  _______________________
Address:  _______________________________________
City, State, Zip:  __________________________________
Phone Number: __________________
Contact:  __________________
Fax Number:  ____________
Invoice Date:  ____________
Invoice #:  __________

AMOUNTS INVOICED MUST ONLY INCLUDE WORK COVERED BY AN EXECUTED SUBCONTRACT OR CHANGE ORDER. NO OTHER AMOUNTS WILL BE APPROVED FOR PAYMENT. REFER TO THE PAYMENT TERMS OF THE SUBCONTRACT FOR APPLICABLE BILLING DEADLINES.

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1. Return your signed Project Agreement shortly after you receive it. If you wait until your first billing, it may delay your payment. If you make modifications or do not accept the Project Agreement terms, contact your Project Manager via telephone immediately.

***** PLEASE INITIAL AND SIGN ALL PAGES *****

2. Return your executed Notice of Important New Tax Information and a Photocopy of your Current Contractor’s Pocket License (if your information has changed since submitting with your Master Subcontract Agreement).

3. Receipt of original Certificates of Insurance for General Liability, Automobile and Workers’ Compensation coverages. Please fax the enclosed sample Certificate of Insurance to your Broker for correct issuance.

4. Receipt of a completed ORIGINAL Magnum Enterprises, Inc. Invoice from you and the appropriate ORIGINAL Releases from both you and your suppliers. All should be submitted as a complete package.

**ALL ORIGINAL INVOICES AND RELEASES MUST BE MAILED TO THE ANAHEIM OFFICE (CORPORATE).**

(SEE REVERSE SIDE FOR DETAILED INFORMATION)

HOW TO GET PAID – (DETAIL)

Please find enclosed the Project Agreement for your newest project with Magnum Enterprises, Inc. We have separated the paperwork into two groups, one for you to “KEEP FOR YOUR FILES”, and one to “SIGN AND RETURN TO MAGNUM”. In order to make the paperwork processing easier to understand, the following procedures have been established.

1. Project Agreement paperwork to be “SIGNED AND RETURNED TO MAGNUM”
This paperwork consists of an original Project Agreement stamped “Sign & Return to Magnum”. Please sign and date in the lower left-hand corner of the last page and initial each page in the lower right-hand corner.

Please Note: If you want to make changes to the Project Agreement, please contact the Project Manager for that project BEFORE you modify the Project Agreement. Changes to the Project Agreement will not be accepted unless they have been pre-approved.

2. Notice of Important New Tax Information Form
This form is REQUIRED. Payment cannot be processed until we have this information. Return with your Project Agreement only if changes have occurred since submitting with your original Master Subcontract Agreement.

3. Contractor’s License
We MUST have a photocopy of your Contractor’s Pocket License showing your license number and current expiration date.

4. Insurance Requirements
Magnum Enterprises, Inc., requires that all subcontractors carry General Liability, Workers’ Compensation and Automobile Insurance. Please provide us with original certificates only. The Certificate(s) of Insurance must be endorsed to indemnify the Owner, Contractor and any other party designated by the project specifications and will cause them to be named as additional insured(s) under the General Liability and Automobile policies. The endorsements must be attached to the original Certificate(s) of Insurance. The General Liability endorsement must be issued using Accord form CG2010 (11/85) or equivalent manuscript for “Ongoing and Completed Operations”. Form CG2010 (10/93) or similar manuscript providing coverage for “On-Going” operations is not acceptable under any circumstance.

A Waiver of Subrogation is required for all coverages. Certificates without the Additional Insured Endorsement(s) and Waiver’s of Subrogation will not be accepted. Specific projects may require other additional insured endorsements. Please review Section 6 of your Master Subcontract Agreement for detailed information.

5. Release Form(s)
Masters of the release forms that are required for this project have been included. Both you and your suppliers must use these forms; all other release forms are subject to rejection.

Please mail your completed and ORIGINAL Magnum Enterprises, Inc. INVOICE and RELEASES to our ANAHEIM OFFICE in order to avoid delays in the payment to your company.

General Requirements
Failure to comply with items #1 – #3 listed above, will result in default of your Master Subcontract Agreement. Payment will be suspended until compliance with all required items is achieved; then, payment will be processed in the next payment cycle.
Your Project Agreement must be returned to Magnum Enterprises, Inc. within five (5) days of receipt. The faster you return the contract documents, the easier it will be to process payments on time.

If you have any questions, please contact our Accounting Department at (714) 828-1191. Thank you for your cooperation.

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