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PARTIAL CONDITIONAL WAIVER TO: TOYS “R” US RE: ___________________ (Location) IN CONSIDERATION OF THE SUM OF: $ the receipt of which is hereby acknowledged, the undersigned does hereby WAIVE, RELEASE AND FOREVER DISCHARGE any and all liens, claims or rights of liens on or against the premises described above for and on account of work performed and labor, equipment and/or materials supplied at or in connection with construction or improvement at the premises described above, THIS WAIVER IS CONDITIONAL UPON ACTUAL PAYMENT OF THE AMOUNT SHOWN ABOVE, THROUGH DATE: SERVICE SUPPLIED COMPANY OWNER ADDRESS Subscribed and sworn to before me this the _____ day of _______ ____________,___. NOTARY SIGNATURE ____________________________________ My commission expires: _________________ PARTIAL UNCONDITIONAL WAIVER TO: TOYS “R” US RE: __________________ (Location) IN CONSIDERATION OF THE SUM OF: the receipt of which is hereby acknowledged, the undersigned does hereby WAIVE, RELEASE AND FOREVER DISCHARGE any and all liens, claims or rights of liens on or against the premises described above for and on account of work performed and labor, equipment and/or materials supplied at or in connection with construction or improvement at the premises described above. THROUGH DATE: SERVICE SUPPLIED COMPANY OWNER SIGNATURE ADDRESS Subscribed and sworn to before me this the _____ day of _________. NOTARY SIGNATURE ____________________________________ My commission expires: ____________________ UNCONDITIONAL FINAL RELEASE TO: TOYS “R” US RE: _______________________ (Location) WHEREAS, pursuant to the contract made the Contractor, and for (project name) by and between , hereinafter called the SUBCONTRACTOR, final payment has been made. (location) NOW, THEREFORE, in consideration of the premises and of the sum of DOLLARS ($ States being the full and entire sum due upon the completion of the contract aforesaid to the said Contractor in hand paid by TOYS "R" US, INC. receipt of which is hereby acknowledged, said Contractor does hereby remise, release and forever discharge TOYS-R-US AND WINESETT-HILL CONSTRUCTORS INC. of and from any and all manner of actions, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, covenants, controversies, agreements, promises, claims, demands and liens whatsoever in law or in equity which the said Contractor has or may have for or on account of or in connection with the contract aforesaid. IN WITNESS WHEREOF, the Contractor has caused its name to be hereunto subscribed and its seal to be hereunto affixed this day of 20 . (SEAL) BY: TITLE: ADDRESS: Subscribed and sworn before me this the State of . BY: My commission expires: day of , 20 08 . . . GUARANTEE TO: TOYS “R” US RE: Babies-R-Us _ ____________________ (Location) The undersigned, having heretofore entered into a contract with dated for (project name) Located at according to certain plans and specifications as identified in the contract and in accordance with the terms of said contract, do hereby guarantee that all the labor and material furnished and work performed by us under said contract is in conformity with such plans and specifications and authorized alterations thereto and that such materials and equipment installed pursuant to said contract is free from imperfect workmanship, and we agree to repair at our own cost and expense all of the work covered under said contract and change orders which may prove to be defective for a period of ONE year(s) from the date thereof. Futhermore, we agree to repair at our sole cost any work which we may affect or disturb in making the repairs herein contemplated. BY: _____________________________________ (SIGNATURE OF OWNER) TITLE: _______ _______________________(OWNER’S TITLE) GUARANTEE PERIOD BEGINS: (Date) Subscribed and sworn before me this the State of . BY: My commission expires: day of , 20 08 . . .