HomeMy WebLinkAbout98-02241
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1. ~. 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 alll'ee lh,\t no mechanics' lien or claim or other lien or claim
of any kind whiltsoever shall b() filed or maint,lined agilinst the Improvements or the estate
or title of Owner in the Properly as described in Exhibit "A" or the curtilage or curti/ages
appurtenclnt thereto, by or in the name of Contractor or by or in the name of any
subcontractor, materialmen or laborms for work done or millerials furnished under lhl)
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 lhat 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 Covenan.l. 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 Allorne.Y. In order to give owner full power and authority to
protect itself, 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 it
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 it, them or any of them, in any such Court, and
in Its or their name or names, to the extent permilled by law, mark satisfied of record at the
cost and expense of Contraclor 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 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 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,
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 its rights under this Paragraph 3 unless such lien has not been stricken or
discharged (by payment, r::Jsting of a bond or other means) for a period of ten days after
notice of such lien shall have been received by Contractor.
4. rublic Notic~. This Agreement shall be flied in the Cumberland County
Prothonotary's Office as public notice hereof.