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NOW, THEREFORE, the Contraotor, for itself, its
suooe..ors and a..igns and anyone e18. acting or olaiming
through or under it, for and in oonsideration of the
Contract and the considerations mentioned therein, and
intending to be legally bound hereby, does hereby agree .s
follows,
1. Waiver of Lien. Contractor hereby waives and
relinquish.s all rights to file a mechanics' lien, olaim or
notice of intention to file any lien or olaim and does
hereby oovenant, promise and agree that no meohanics' lien
or olaim or other lien or claim of any kind whatsoever shall
be filed or maintained against the Improvements or the
estate or title of Owner in the Property as desoribed in
Exhibit "A" and as sho~m on Exhibit "B" or the curtilage or
ourtilages appurtenant thereto, by or in the name of the
Contractor or by or in the name of any subcontractor,
materialmen or laborers for work done or materials furnished
under the oontract or by any other party aoting through or
under them or any of them for and about the Improvements or
the Property or any part thereof, or on oredit thereof, and
that all suboontraotors, materialmen, and laborers on the
work shall look to and hold Contractor personally liable for
all subcontracts, materials furniohed under the contraot for
and about the erection, construction and completion of the
Improvements, or under any oontraot 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 Attorney. In order to give owner full
power and authority to proteot itself, the property, the
estate or tile 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 oovenant, Contractor hereby irrevooably authorizes
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and .mpower. any attorney of any Court of Common P1.a. of
the Commonwealth of Penneylvania to (i) appear a. attorney
for it, them or eny of them, in any suoh Court, and in it.
or their name or names, to the extent permitted by law, mark
.ati.fied of reoord at the oo.t and expense of Contractor or
of any .ubcontractor or materialman, any and all lien or
liens, file. in violation of the foregoing covenant, or (ii)
oause to be fi1ad and served in conneotion with suoh lien or
lien. any pleading or instrument, or any amendment to any
pleading or in/Jtrument, prev~.ously filed by it or them, and
to inoorporate therein, as pllrt of the record, the waiver
oontained in this instrument I and for suoh aot or acts this
instrument shall be good and suffioient warrant and
authority. A reference to the court., term and number in
which and where this agreement shall have been filed shall
be cono1usive evidence of the authority herein to warrant
such aotion, 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 ooncerning them. In the event
anyone aoting through or under Contraotor shall so file a
lien in vioation 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, posting of
a bond or other means) for a period of ten days after notioe
of suoh lien shall have been received by Contractor.
4. Public Notice. This Agreement shall be filed in
the Dauphin County Prothonotary's Offioe as public notioe
hereof.
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