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WA0301-CN050826CONTRACTOR'S AFFIDAVIT OF FINAL PAYMENT AND RELEASE THE STATE OF TEXAS cou.TY oF Jt& /. ("Affiant), who, after being by me duly sworn, deposes and says that he is a ~O~~ ~ ~~ (corporation, partnership, trade name) of ~]l~ Coqnty, State qf Texas (the "Contractor"), which said Contractor was awarded the contract dated the ,~ day of c~J~t~. , ~, for the construction of ~ t ~ ~ ~ )a~. ~~+ at ~Jl ..~.% ~ (the "Work"), for a total consideration of ~: ~ .~ Dollars to be paid to the said Contractor (the "Contract"), and that Affiant has full power of authority to make this affidavit. "Owner") pp;ovea the estimate on said Work, and ~at the said Contractor has fully satisfied and paid any and all claims that may be covered by Chapter 53 of the Texas Property Code, and Article 5160 of the Revised Civil Statutes of the State of Texas, or any other applicable statutes or charter provisions, and that all just bills for labor and materials have been paid and discharged by said Contractor insofar as they pertain to the Work in question. That in addition to any funds which may. have been pr.~viously paid by the Owner, the Contractor hereby accepts the amount of ~5'~). ~.~c.~_~ .O(-J Dollars as FULL AND FINAL PAYMENT under the aforementioned Contract, and hereby waives and releases any right Affiant and/or the Contractor may have to pursue claims of any nature against the Owner arising out of or in any manner connected with the performance of the Work and/or the Contract, including but not limited to claims of third parties that supplied material and/or labor for the Work for or through the Contractor ('Subcontractors"), as well as claims for delay, additional compensation or for recovery of liquidated damages which may have been withheld by the Owner. The Contractor shall defend, hold harmless and indemnify the Owner from any such claims of such Subcontractors. The Contractor further releases the Owner from any claim or liability arising from any act or neglect of the Owner related to or connected with the Contract. This affidavit is given pursuant to the final payment provisions of the Contract, and shall not be deemed to alter or modify the terms and provisions of said Contract. SUBSCRIBED AND SWORN TO BEFORE ME, this the MY COMMISSION EXPIRES IL .~,~,,~. Jur~ 4, 2007 My Commission Expires~