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Duke Lesley-CS080129 OS/29/2008 22:25 9725098088 PAGE 02/02 HJ~ ~fw'z'~ / e?b San Saba Construction Services. Jr1c. (VSANSCOOO) Subcontract NO. LEZ301.o00-10 EW:1 FINAL WAIVER AND RELEASE OF LIENS AND CLAIMS STATE OF Texas COUNTY OF The undersigned, /~ 0 "'II." +- 11. ~ c:... flrd' . of San Saba Construction Services. 1m.:- ("Company") who has. under an agreement With Duke CQ.Dstruclion L.P. ("Duke"), fumi$hed certain materials. equipment. services, and/or labor for the project known as Lesle~ Infrastructure ("Project"), which is located within the City of Cancell ("Site Clty"), County of Dallas ("Property"), and is owned by Duke Reallv Corooration ("Owner"'), and more particularly described as follows: Bertllne & 635 (Sllt AdlIrecl) COppell, Texas 75019 (Slle Clly, SllIte. ZIp Code) (OIiSCRlBe 'TMe PROP'ER'TY UPON WHICH THE IM~OVEMENTS WERE MADE BV USING EITHER A M~S N<<J SOUNOS OeseA1PT10N. l1-IE I,.\Ntl ~OT DISTRICT. BLOCK AND LOT NUMBER. OR THe STREET ADD~SS OF THE PROJECT.) Upon reoeipt of the sum of $ Z 6' ~ fJ 6 7' -: the COmpany waives and release1 any and all claims, demands, actions, causes of action or er rights against Duke. owner, and the Property, at law, under a contract, in tort, equity or otherwise, and any and all liens or claims of liens or any right against any labor and/or materfal payment bond it has, may have had or may have in the future opon the foregoing described Property or in relation to the Company's performance of work on or the furnishing of equipment, services. and/or labor for the Project. This Waiver and Release appfres to all facts. acts. events. circumstances, changes, constructive or actual delays, accelerations, extra work, disruptions, 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 Company at the time of execution of this Walver and Release. The Company aCknowledges that this Waiver and Release is In substantial conformity with the requirements of applicable law and shall be binding and conclusive against the Company for all purposes, subject only to payment in full of the amount set forth above. Given under hand and seal this :;; 9 (SEAL) By: "p~p-_~~" Title ";;;;>~ " FOil'" SC., (1'....) (R....2f.l~