Agmt10 R.C. Peninsula Park, LLC (2)

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RC Peninsula Park, LLC UNCONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT - [California Civil Code § 3262] The undersigned has been paid and has received a progress payment in the sum of $ for labor, services, equipment, or material furnished to R.G. Peninsula Park, LLC, a Delaware limited liability company ( "Owner ") for the (name of Project) Project located at , Redwood City, Califomia, 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 materials fumished to Owner 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 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. "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." Dated: By: Printed Name: Title: Company: 1381816v1