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HEADNOTE RICHARD F. KLINE, INC. ET AL. v. SHOOK EXCAVATING & HAULING, INC., No. 592, September Term, 2004. CONTRACTS- CONDITION PRECEDENT CIRCUIT COURT PROPERLY DETERMINED THAT LANGUAGE IN SUBCONTRACT WHICH STATED "THE SUB-CONTRACTOR HEREBY WAIVES ANY RIGHTS IT OTHERWISE MIGHT HAVE AGAINST THE CONTRACTOR, AND AGREES NEVER TO LOOK TO THE CONTRACTOR FOR PAYMENT ON ACCOUNT OF ANY SUCH CLAIM EXCEPT TO SUCH EXTENT, IF ANY, AS THE CONTRACTOR MAY BE PAID BY THE OWNER ON ACCOUNT OF ANY SUCH CLAIM OF THE SUB

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