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BWI No. 99141-047
CONTRACTO~SUBCONTRACTOR
Standard Form 393 CIS
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7U,. f>O..J.r.3 .2- /11 L. 0 J..u-.
WAIVER OF RIGHT TO FILE MECHANICS LIENS
KNOW ALL MEN BY THESE PRESENTS, THAT:
WHEREAS, on the 22nd day of February, 2000, a contract was entered into and
executed by and between BARCLAY WHITE INCORPORATED, 22 Cassatt Avenue, Berwyn,
PA 19312, "Contractor", and N.R.G. Controls, Inc. P. 0, Box 7643 Steelton PA 17113,
hereinafter. designated as the "Subcontractor", for the construction of CSC TFO Building
Controls Systems work and all work incidental thereto (all hereinafter referred to as the
"Building Construction Work") on the premises more particularly located at Pinnacle Outpatient
Health Center, 2025 Technology Parkway, Mechanicsburg, PA 17055, and
WHEREAS, said premises are owned by Pinnacle Health Hospitals and
WHEREAS, by the terms of said contract, the Subcontractor agrees that no liens would
be filed by him or anyone else for any work, labor or materials supplied in the performance of
said contract or under supplemental contract, or for extra work, in performing all the work
necessary and incidental to the Building Construction Work, on the premises or lot of ground
above described, or the curtilage appurtenant thereto.
NOW, THEREFORE, THIS AGREEMENT WITNESSETH:
1. The Subcontractor intending to be legally bound hereby and for and in consideration of
the sum of ONE DOLLARS ($1.00) paid to him by the Contractor, the receipt whereof is hereby
acknowledged as well as in consideration of the entry by the Contractor into said contract, does
hereby, for itself, and any and all sub-subcontractors and parties acting for, through or under it,
them or any of them, covenant and agree by and with the Contractor that no mechanics' lien or
claims shall be filed or maintained by the said Subcontractor or any sub-subcontractors or other
party acting through or under it, them or any of them against the aforesaid building andlor the lot
of ground of curtilage appurtenant thereto, or against the interests of the Owner on account of
any work done or materials furnished by it, them or any of them either under the aforesaid
contract or under any supplement thereto otherwise, for, toward, in or about the Building
Construction Work on the lot of.ground hereinbefore described, or any work or material
therefore, and the said Subcontractor for itself and his sub-subcontractors and all persons acting
for or urider him, them or any of them, hereby expressly waives and relinquishes the right to
have, file or maintain any mechanics claim or liens against the said building and/or the lot of
ground hereinbefore described or curtilage appurtenant thereto, or the interest ofthe Owner.
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Waiver of Right to File Mechanics Lien
2. This Agreement waiving the right of lien shall be an independent covenant and shall
operate and be effective as well with respect to work and labor done and materials furnished
under any supplemental contract or contracts for extra work in the Building Construction Work
on the lot of ground hereinbefore described, although not therein referred to as work and labor
done and materials furnished under the aforesaid contract.
3, In order to give Owner full power and authority to protect the said real estate, buildings
and improvements, or any of them against any and all mechanics' liens or claims filed by
Subcontractor or anyone acting for, through or under Subcontractor, or in violation of this .
Agreement, Subcontractor, for itself and all such aforesaid sub-subcontractors, materialmen and
parties acting for, through and under Subcontractor, hereby irrevocably authorizes and
empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania
or any attorney of any other court of jurisdiction ,there or elsewhere, to appear for Subcontractor
in any of said cOurts of jurisdiction for Subcontractor, them or any of them, and mark satisfied or
record, at the cost and expense of Subcontractor, or any such subcontractor, materialmen or
party and .a11 claim or claims, lien or liens, filed by or for the Subcontractor, them or any of thern,
or inits of their name against the said real estate buildings and improvements, or an{ part
thereof, and for such act or acts this shall be a good and sufficient exhibit of the Authority herein
contained to warrant such lease and quit-claim unto Owner and each of their certain attorney or
attorneys any and all manner of error and errors, defects and imperfections whatsoever in
entering such satisfaction or anyone touching or concerning the same.
This Agreement and Waiver is made and intended to be filed with the Prothonotary of the
Court of Common Pleas of the County or other proper place in which the above described lands
are located;
4. The Subcontractor hereby declares and warrants that no work of whatsoever kind or
nature has as yet been done and that no materials or supplies whatsoever have as yet been
furnished by anyone under, for, toward or in connection with the execution of performance of
the aforesaid Building Construction Work contract or otherwise.
IN WITNESS WHEREOF, the said Subcontractor has signed th~~e present~~J fUllY
intends that this Contract and Waiver to be sealed instruments this 1'1 i:1J day of _'
2000.
N.R.G, Controls, Inc, ~
ATTEST:
Cr;Mt f}r ~
BY:~ G. McC~~
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Title President c co
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