Joint Check Payment Agreement

This Agreement is made on this day, _________[date], by _________, owner or general contractor ("Owner/G.C.") and _________, contractor or Seller's customer ("Contractor"), who agree as follows on behalf of _________["Seller"]:

1. All checks issued by Owner/G.C. to Contractor for labor or materials supplied on the _________ construction project ("Project") shall be made jointly payable to Contractor and Seller and shall be promptly delivered to Seller. Owner/G.C. may rely on any written notice provided by Seller, stating the total current indebtedness of Contractor to Seller and limiting any obligation under this Agreement for any current requisition or pay time period.

2. Contractor agrees that it has no interest in the funds held by Owner/G.C. for Seller pursuant to this Agreement and irrevocably assigns to Seller its account receivable from Owner/G.C. to the extent that sums are justly due from Contractor to Seller under their Credit Agreement. Contractor appoints Seller its attorney in fact to sign or endorse on behalf of Contractor all checks received from Owner/G.C. or UCC Financing Statements to provide notice of this assignment.

3. Owner/G.C. hereby guarantees the payment of sums justly due from Contractor to Seller under their Credit Agreement for materials supplied to the Project.

4. This Agreement is provided as additional security and not in payment of obligations of Contractor to Seller and will not affect Seller's rights to withdraw or refuse further credit, or Seller's rights to any payment bond, mechanic's lien, or other legal rights.