Common use of Conditions Precedent to Payment Clause in Contracts

Conditions Precedent to Payment. It is specifically understood and agreed that Owner shall not process, nor pay, applications for progress payments from Contractor nor pay any other amount to Contractor unless and until each of the following conditions precedent to payment are met: (i) such applications include the Owner Job Number clearly thereon, (ii) Contractor shall provide, in a form satisfactory to Owner, partial lien waivers, release of claims and/or affidavits, as may be required by Owner, from Contractor and its subcontractors and suppliers for all prior payments and the payment then applied for. Owner’s payment despite one or more of the foregoing conditions precedent not being satisfied shall not constitute a waiver of Owner’s right to insist of any other condition precedent or all conditions precedent at some later time.

Conditions Precedent to Payment. It is specifically understood and agreed that Owner shall not neither process, nor pay, applications for progress payments from Contractor Architect or Engineer nor pay any other amount to Contractor Architect or Engineer unless and until each of the following conditions precedent to payment are met: (i) such applications include the Owner Job Number Owner’s job number clearly thereon, (ii) Contractor Architect or Engineer shall provide, in a form satisfactory to Owner, partial lien waivers, release of claims and/or affidavits, as may be required by Owner, from Contractor Architect or Engineer and its subcontractors and suppliers for all prior payments and the payment then applied for. Owner’s payment despite one or more of the foregoing conditions precedent not being satisfied shall not constitute a waiver of Owner’s right to insist of any other condition precedent or all conditions precedent at some later time.