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The Conditional Waiver and Release on Progress Payment is a crucial document in Belgian construction projects, used when contractors, subcontractors, or suppliers receive periodic payments for completed work. It serves as a risk management tool by providing the paying party with assurance that no liens or claims will be filed for the paid amount, while protecting the receiving party by making the waiver conditional upon actual receipt of payment. The document is structured to comply with Belgian Civil Code requirements and construction law principles, particularly regarding payment security and lien rights. It is typically used in conjunction with each progress payment application and includes specific details about the payment amount, project phase, and any preserved claims. The conditional nature of the waiver is particularly important in the Belgian legal context, where construction payment rights are strongly protected.

1. Parties: Identification of the parties: the releasing party (typically contractor/subcontractor) and the party receiving the release (typically owner/general contractor)

2. Background: Context of the underlying contract, project details, and the progress payment that is the subject of this waiver

3. Definitions: Key terms used in the document, including 'Progress Payment', 'Through Date', 'Project', and 'Contract'

4. Progress Payment Details: Specific details of the progress payment, including amount, invoice reference, and payment period covered

5. Conditional Waiver: The actual waiver language, specifically conditioned upon receipt of the progress payment

6. Scope of Release: Precise description of what claims and rights are being waived, limited to the specific progress payment period

7. Exceptions and Reservations: Claims and rights specifically excluded from the waiver, including retention amounts and unresolved claims

8. Effective Date and Conditions: Specific conditions that must be met for the waiver to become effective, primarily the receipt of payment

9. Representations and Warranties: Statements by the releasing party regarding authority to execute the waiver and payment to lower-tier parties

10. Execution: Signature blocks and execution requirements