HomeMy WebLinkAbout97-01035
1. Waiver of Lien, Contractor hereby waives and relinquishes all rights to
file a mechanics' lien, claim or notice of intention to file any lien or claim and does hereby
covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind
whatsoever shall be filed or maintained against the Improvements or the Property or the estate
or title of Owner in the Property or the estate or title of Tenant in the Property or the curtilage
or curtilages appurtenant thereto, by or in the name of Contractor or any 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,
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. Independent 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 said Improvements and as to any work and labor done and
materials furnished under the Contract.
3, Power of Attornev, In order to give Owner and the Tenant full power and
authority to protect themselves, the property, the estate or title of Owner or Tenant 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 the Court of Common Pleas of Cumberland County, Pennsylvania
and any other County 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 inslnlment, or any amendment to any pleading or instrument previously filed by it or them,
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, 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,
inslnlment 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 or Tenant
may not exercise their rights under this Paragraph 3 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.
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