HomeMy WebLinkAbout96-03201
covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind
whatsoever shall be filed or maintaincd against the Improvements or the estate or title of Owner
in the Property as described in Exhibit "A" or the curtilage or curtilages appurtenant thereto,
by or in the name of Contractor or any subcontractor, materialmen or laborers for work donc
or materials furnished under the Contract or by any other party acting through or under them
or any of them for and about the Improvements or the Property or any part thereof, or on credit
thereof, and that all subcontractors, materialmen and laborers on the work shall look to and
hold Contractor personally liable for all subcontracts, materials furnished under the Contract for
and about the erection, construction and completion of the Improvements, or under any contract
for extra work, or for work supplemental thereto, or otherwise.
2. Power of Allorney, In order to give owner full power and authority to
protect itself, the property, the estate or title of owner therein, and the appurtenances thereto,
against any and all liens filed by Contractor or anyone acting under or through it in violation of
the foregoing covenant, Contractor hereby irrevocably authorizes and empowers any attorney
of any Court of Common Pleas of the Commonwealth of Pennsylvania to (i) appear as attorney
for it, them or any of them, in any such Court, and in its or their name or names, to the extent
pennitted by law, mark satisfied of record at the cost and expense of Contractor or of any
subcontractor or materialman, any and all lien or liens, filed in violation of the foregoing
covenant, or (ii) cause to be filed and served in connection with such lien or liens any pleading
or instrument, or any amendment to any pleading or instrument previously filed by it or them,
and to incorporate therein, us part of the record, the waiver contained in this instrument; and
for such act or acts this instrument shall be good and sufficient warrant and authority, A
reference to the court, tenn and number in which and where this agreement shall have been filed
shall be conclusive evidence of the authority herein to warrant such action, and Contractor, for
itself and for them, hereby remises, releases and quit-claims all rights and all manner of errors,
defects and imperfections whatsoever in entering such satisfaction or in filing such pleading,
instrument or amendment, or in any way concerning them. In the event anyone acting through
or under contractor shall so tile a lien in violation of the foregoing covenant, owner may not
exercise its rights under this Paragraph 2 unless such lien has not been stricken or discharged
(by payment, posting of a bond or other means) for a period of ten days after notice of such lien
shall have been received by Contractor,
3. Indenendent Covenant, This Agreement waiving the right of lien shall be
an independent covenant and shall operate and be effective as well with respect to work done
and materials furnished under any supplemental contract for extra work in the erection,
construction alld completion of the said Improvements and as to any work and labor done and
materials furnished under the Contract,
4, Public Notice. This Agreement shall be tiled in the Cumberland County
Prothonotary's Office as public notice hereof,
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