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BWI No. 99141-029
CONTRACTO~SUBCONTRACTOR
Standard Form 393 CIS
WHEREAS, on the 21st day of April, 2000, a contract was entered into and executed by
and between ~RCLAY WHITE INCORPORATED, 22 Cassatt Avenue, Berwyn, PA 19312,
"Contractor", and Thesen Specialty Contractor, Inc. 45 Wedgewood Drive Carlisle PA
17013 , hereinafter designated as the "Subcontractor", for the construction of Caulking &
Sealants work and all work incidental thereto (all hereinafter referred to as the "Building
Construction Work")' on the premises more particulariy located at Pinnacle Outpatient Health
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Center, 2025 TechnOlogy F'arkway, Mechanicsburg, PA 17055, and
WAIVER OF RIGHT TO FILE MECHANICS LIENS
KNOWALtMEN'BY THESE PRESENTS, THAT:
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WHEREAS, said premises are owned by Pinnacle Health Hospitals and
WHEREAS, bYlhe 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 supplementalc:ontract, or for extra work, in performing all the work
necessary and incidental to the Building Construction Work, on the premises or lot of ground
a.bov~~es~ripecl,.(lr tbecur:tilag.. e appurtenlln\th. ereto. '.
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NOW, THEREFORE, THIS AGREEMENT WITNESSETH:
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1. ,.The. Subcontractor intending to he legally bound hereby and for and in consideration of
thesJm pf ONE DOLLARS ($1.00) paid to him by the Contract0r, the receipt whereof is hereby
ackn9Wlfldg~d as well a!; in consideration Qf 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 sl:lall be filed or maintained by the said Subcontractor or any sub-subcontractors or other
party fa<<ting thro~gh0r under it, the~ or any oqhe~ again~t the aforesaid building and/or the lot
of ground. of curtilage appurtenant tnereto, or against the Interests of the Owner on account of
any. work done Of materials furnished by it, them or any of them either under the aforesaid
contract or underJ!!llL~uRRlement thereto otherwise, for, toward, in or about the Building
Construction JY6rk.,;.err, fhe ~o.ti' p~rou~d hereinbefore described, or any work or mate~ial
therefore, and the sa:jd ,Subcontractorfor.ltself and his sub-subcontractors and all persons ac!lng
for or under hifl1, lhem or any of them, hereby expressly waives and relinquishes the right to
have, file or maintain any mechal;lics' claim or liens against the said building and/or the lot of
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ground hereinbefore described or curtilage appurtenant thereto, or the interest of the 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
AgrElement, 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 th~re or elsewhere, to appear for Subcorjltractor
in any of said courts qf jurisc;liction 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 all claim or claims, lien or liens, filed by or for the Subcontractor, them or any of them,
or in its of their name against the said real estate buildings and improvements, or any part
thereof, and for such pct 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
enteiringsuch 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 any .one ur:lder, 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 ~~ii~resentt#diu.lI.y
intends that this Contract and Waiver to be sealed instruments this day of..t #--1
2000. . c..
Thesen Specialty Contractor, Inc.
ATTE~QG-*cL'
(SEAL)
By: MC\",,'l.. of>. ~~"ie",
Title ~('e-" ~J"'N1-f-
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