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to deliver to Owner affidavits and releases of subcontractors <br />performing the work and materialmen providing materials reflected <br />by said $367,205.77, and the prior payments under the contract by <br />Owner to Contractor, together with an affidavit by Contractor <br />confirming such payments. <br />3. Contractor will continue to perform through itself <br />and subcontractors, Behe & Umholtz Electrical Contractor & Grimes <br />Heating & Air Conditioning, additional electrical and air <br />conditioning work on the Administration Building in question <br />pursuant to work orders providing for same to be paid on a cost <br />plus (time and materials) basis as set forth more particularly in <br />said work orders, and in the absence of default by either party, <br />upon completion of said work in accordance with the contract <br />documents, Owner will pay the charges for said work to Contractor <br />who will concurrent therewith provide Owner with affidavits and <br />releases of subcontractors and materialmen performing such work. <br />4. Owner and Contractor agree that neither party by the <br />making of this Agreement, payment and acceptance of the aforesaid <br />payment, or otherwise, has waived or will waive any claims, <br />demands, actions or causes of action each may have against the <br />other heretofore or hereafter arising out of or by virtue of the <br />aforesaid contract or otherwise, including but not limited to all <br />such claims, demands, actions and causes of action as are set <br />forth in the pleadings and other papers filed in that certain <br />lawsuit entitled The County Commission of Indian River County vs. <br />Reinhold Construction, Inc. and Connell, Metcalf and Eddy, Inc., <br />Case No. 81-788, in the Circuit Court of the Nineteenth Judicial <br />Circuit in and for Indian River County. Further, it is agreed by <br />Owner and Contractor that neither party is by reason of the <br />matters set forth herein or otherwise waiving any claim, demand, <br />action or cause of action it may now or hereafter have against <br />Connell, Metcalf and Eddy, Inc. arising by virtue of the aforesaid <br />contract between Owner and Contractor, that certain contract <br />between Owner and Connell, Metcalf and Eddy, Inc. pertaining to <br />the above referenced project, or otherwise. <br />5. The purpose and intent of this Agreement is to <br />confirm and reaffirm between the parties the statement on the face <br />NOK 4.8 Pi E �' 2 <br />FEB 171982 <br />-2- <br />