Exhibit E Forms of Waiver and Release _ Progr.docx

Exhibit “E” Design-Builder’s Final, Unconditional Claim Waiver and Release Upon Final Payment

STATE OF GEORGIA, COUNTY OF __________________

The undersigned, __________________________________(“Design-Builder”), has been engaged under contract with Spalding County Water & Sewerage Facilities Authority in Spalding County, Georgia (“Owner”) to furnish certain materials, equipment, services, and/or labor for the design and construction of improvements known as the Progressive Design-Build Services for 2024 Sewer Implementation (“Project”), together with all improvements and appurtenances attendant thereto, which are located in Spalding County, Georgia.

Design-Builder represents that it has been paid in full for all labor, services, equipment and material furnished to the Project, and Design-Builder hereby waives and releases any and all claims, demands, actions, causes of action or other rights against Owner, at law, in contract, tort, equity or otherwise, which Design-Builder has, may have had or may have in the future arising out of Design-Builder’s performance of work on the Project.

This Waiver and Release applies to all facts, acts, events, circumstances, changes, constructive or actual delays, accelerations, extra work, disruptions, inefficiencies, interferences and the like which have occurred, or may be claimed to have occurred prior to the date of this Waiver and Release, whether or not known to the Design-Builder at the time of execution of this Waiver and Release.

The Design-Builder further represents that all of its obligations, legal, equitable, or otherwise, relating to or arising out of its work on the Project have been fully satisfied, including, but not limited to obligations relating to:

· Employees, laborers, materialmen and subcontractors employed by the Design-Builder;

· Labor, materials, equipment and supplies furnished by others to the Design-Builder; and

· Sales and use taxes, social security taxes, income tax withholding, unemployment insurance, privilege taxes, license fees, and any other taxes and obligations imposed by governmental authorities.

This Waiver and Release is freely and voluntarily given, and the Design-Builder acknowledges and represents that it has fully reviewed the terms and conditions of this Waiver and Release and that it is fully informed with respect to the legal effect of this Waiver and Release. The Design-Builder understands, agrees and acknowledges that, upon the execution of this document, this document waives rights unconditionally and is fully enforceable to extinguish all claims of the Design-Builder. Design-Builder agrees to indemnify, hold harmless and defend Owner against any and all loss, claims, damages, costs or expense, of any nature whatsoever, including all attorneys’ fees, and the fees of consultants, experts and other professionals, arising out of any claims or demands made by any of its employers, laborers, materialmen, subcontractors and consultants, of any tier, for materials, services, equipment and labor supplied to the Project.

FOR DESIGN-BUILDER:

Applicable to Application for Payment Nos. : All Signed: _________________________________________ Date: ____________________________ Print Name: __________________________________ Title: ______________________________ Attest: On this ________ day of __________________, ________, before me appeared the above-signed, known or identified to me personally, who, being first duly sworn, did say that s/he is the authorized representative of the Design-Builder and that this document was signed under oath personally and on behalf of the Design-Builder.

Notary Public My Commission Expires:

Design-Builder’s Conditional Claim Waiver and Release Upon Progress Payment

STATE OF GEORGIA, COUNTY OF _______________________

The undersigned, _________________________________________________ (“Design-Builder”), has been engaged under contract with , Georgia (“Owner”) to furnish certain materials, equipment, services, and/or labor for the design and construction of improvements known as the Progressive Design-Build Services for 2024 Sewer Implementation Project (“Project”), together with all improvements and appurtenances attendant thereto, which are located in Spalding County, State of Georgia.

Upon receipt of the sum of $_________________________________________, the Design-Builder waives and releases any and all claims, demands, actions, causes of action or other rights against Owner through the date of ____________________, _____ (“Current Date”) and reserves only those rights that the Design-Builder might have in any retained amounts, on account of materials, equipment, services and/or labor furnished by the undersigned to or on account of Owner or any other entity for said Project. Exceptions as follows:

(If no exception or “none” is entered above, undersigned shall be deemed not to have reserved any claim except those rights it may have in retained amounts.)

Design-Builder affirms, warrants, and represents that Design-Builder has paid in full all laborers, materialmen, mechanics, manufacturers, suppliers, and subcontractors for all work performed and who have furnished services, labor, equipment, or materials, or any one of these items to the Design-Builder, for use at the Project through and including ____________, ____ (date of Design-Builder’s last prior Application for Payment), and that the Design-Builder is not indebted to any person or entity for labor, equipment, services or materials used in connection with or as a part of such Project in any amount whatsoever through and including the date hereof, except as listed below:

(If no persons or entities listed or “none” is entered above, undersigned shall be deemed to have represented that it is not indebted to any person or entity for labor, equipment, services or materials used in connection with or as a part of the Project.)

Design-Builder further affirms, warrants, and represents that there are no outstanding claims of any nature, contractual or otherwise, or for any personal injury, death or property damage, arising from or associated with the performance of the Design-Builder’s work through and including the date hereof which might be the basis of any claim, suit, lien, or demand that could be asserted against Owner, Design-Builder, the Project, and all property, real and personal, related to the Project other than those exceptions listed above.

This Waiver and Release is freely and voluntarily given, and the undersigned acknowledges and represents that it has fully reviewed the terms and conditions of this Waiver and Release, that it is fully informed with respect to the legal effect of this Waiver and Release, and that it has voluntary chosen to accept the terms and conditions of this Waiver and Release in return for the payment recited above. Design-Builder agrees to indemnify, hold harmless and defend Owner against any and all loss, claims, damages, costs or expense, of any nature whatsoever, including all attorneys’ fees, and the fees of consultants, experts and other professionals, arising out of any claims or demands made by any of its employees, laborers, materialmen, subcontractors and consultants, of any tier, for materials, services, equipment and labor supplied to the Project through the Current Date other than those exceptions listed above. The undersigned further agrees that making and receipt of payment and execution of this Waiver and Release shall in no way release the undersigned from its continuing obligations with respect to the completion of any work remaining undone, including any obligations of the undersigned to the Owner.

FOR DESIGN-BUILDER:

Applicable to Application for Payment Nos. __________________ Signed: ________________________________________________ Date: ______________________ Print Name: __________________________________ Title: ______________________________ Attest: On this ________ day of __________________, ________, before me appeared the above-signed, known or identified to me personally, who, being first duly sworn, did say that s/he is the authorized representative of the Design-Builder and that this document was signed under oath personally and on behalf of the Design-Builder.

Notary Public My Commission Expires: