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2. This Agrcement waiving the right oflien shall be an independcnt
covenant and shall operate and be effective as well with respcet to work done and
materials furnished under any supplemental contract for cxtra work in the erection,
construction and completion of the Improvements as to any work and labor done and
materials furnished under the Contract. No claim shall be filed by anyone.
3. In order to give the Owner full power and authority to protect
itself, the Improvements, the Property, and the estate or title of Owncr therein, and the
appurtenances thereto, against any and all liens filed by the Contractor or anyone acting
under or through it in violation of the foregoing covenant, the Contractor hereby
irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the
Commonwealth of Pennsylvania, to appear as Attorney for it, them or any of them, in any
such Court, and it its or their name or names, to the extent permitted by law, mark
satisfied of record at the cost and expense of the Contractor or of any subcontractor or
materialman, any and all lien or liens, filed in violation of the foregoing covenant, or
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, 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
contained to warrant such action, and the Contractor, for itself and for them, hereby
remises, releases and quit-claims all right and all manner or errors, defects and
imperfections whatsoever in entering such satisfaction or in filing such pleading,
instrument or amendment, or in any way concerning them.
4. The Contractor hereby warrants that no work or labor, of
whatsoever kind or nature, has as yet been done and that no materials or service
whatsoever have as yet been furnished by anyone, under, towards or in connection with
the execution or performance of the Contract.
5. This waiver shall bind the Contractor and its subcontractors,
sub-subcontractors, successors and assigns, and shall run to the benefit of the Owner and
its successors, assigns and Grantees,
IN WITNESS WHEREOF, the undersigned Contractor has executed this
instrument as of the day and year first written above.
HIGH CONSTRUCTION, INC.
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. VI reSIdent/General Manager