CHAPTER 5 Exhibit 5-2 lereiter (For supplemental agreements definitizing unilateral changes) In consideration of the modification(s) agreed to herein as a complete equitable adjustment for the Contractor's describe “proposal(s) for adjustment,” the Contractor hereby releases the Government from any and all liability under this contract for further equitable adjustments attributable to such facts or circumstances giving rise to the “propos- al(s) for adjustment” (except for .....) Exhibit 5 Implications of Release A release of claims generally terminates a contractor's right to further of Claims claims unless it excepts a particular issue, reserving both parties’ rights to a future settlement. There are some recognized exceptions that may make a signed general release of claims invalid, such as when: ‘@ A modification increases the price for a change to the contract and the change is later recognized as being part of the original contract; @ The Government breaches the contract or fails to perform in accord- ance with a supplemental agreement; ‘@ A mutual mistake exists, but not a mistake about which only one of the parties knew or reasonably could have known; © ‘The Government uses economic duress, such as threats to termi- nate for default, in getting the contractor to sign the release; @ The circumstances involve fraud. unless both parties had know- ledge of the fraud when the settlement agreement and/or claims release was signed; or © ‘The official who signed the release lacks the authority to sign it (This has been held to apply to, among others, the signature of a duly authorized contracting officer when that person did not follow appropriate procedures in settling, claim.) 5.25