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subcontractor, materialmen or laborers for work done 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 and materials furnished under the Contract for and
about the erection, construction and completion of the Improvements, or under any contract
for extra work, change orders or for work supplemental thereto or otherwise,
2. Indeoendent 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 and completion of the Improvements and as to any work and labor
done and materials furnished under the Contract.
3. Power of Attornev. In order to give Owner full power and authority
to protect Owner, 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
Contractor 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 Contractor in any such Court, and in Contractor's
name or names, to the extent permitted 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, and/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, and to incorporate therein, as 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, term 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 himself and his subcontractors and
materialmen, 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 file a lien in violation of the foregoing covenant,
Owner may not exercise her rights under this Paragraph 3 unless such lien or liens have 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 or liens shall have been received by Contractor.
4. ~ublic Notice. This Agreement shall be filed in the Cumberland County
Prothonotary's Office as public notice hereof.
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