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200412023
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Last modified
10/17/2011 12:10:11 AM
Creation date
10/21/2005 6:34:50 AM
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DEEDS
Inst Number
200412023
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200412023 <br />services for the Projects, through Power Engineers, hereby unconditionally and finally releases, <br />acquits and forever discharges AT &T, Touch America and any other party of and from any and <br />all manner of action and actions, cause and causes of actions, suits, debts, dues, sums of money, <br />accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, executions, <br />claims, liens (including, without limitation mechanics', materialmens', stop notices, lis pendens, <br />bond rights, chattel and other construction related liens, attachments and writs) or demands of <br />any kind and nature whatsoever, in law or in equity, known or unknown, direct or indirect <br />against AT &T, Touch America and any other party and any property of AT &T, Touch America <br />and any other party which Power Engineers ever had, has or may have arising from or relating to <br />the Projects, including under the statutes and other applicable law of the place in which the work <br />was performed (collectively, the "Claims and Liens ") and further unconditionally fully and <br />finally waives and releases any and all Claims and Liens, which they have, had or may have on <br />account of labor, materials or other services provided by Power Engineers for the Projects. <br />Power Engineers hereby acknowledges the receipt of good and valuable consideration for this <br />Unconditional Full and Final Release of Claim of Lien. <br />Power Engineers acknowledges that this document shall constitute an Instrument of <br />Satisfaction and specifically authorizes the appropriate clerk or public official of any public <br />office to cancel of record the Claim of Lien filed by Power Engineers upon those portions of the <br />Projects or Property owned or held by AT &T, Touch America and any other party. <br />It is understood and agreed by Power Engineers that this instrument is not to be interpreted or <br />deemed to provide a waiver or release of Power Engineers or any other person or entity with <br />regard to any warranties or other obligations arising from the subcontracts and agreements <br />between Power Engineers and Touch America, including but not limited to warranties or <br />obligations pertaining to workmanship or materials furnished by Power Engineers for the <br />Projects, and that the terms and provisions of the subcontracts, agreements, or applicable law <br />relating to such warranties or other obligations shall survive the terms of this instrument and <br />shall remain in full force and effect until the same expire by law. <br />DATED this 13th day of December, 2004. <br />POW�R ENGINEERS, INC. an Idaho corporation <br />By: 'Leigh'And Gallagher <br />Its: Authorized Agent <br />
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