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HomeMy WebLinkAbout98-02446 ." '(%-;)...((<.(0, Ml!J WAIVER or MECHANIC'S LIENS , CON'l'RAC'fOI\: Gutewuy Consll'uctloll 1',0, Box 247 Slllllmel'dule, I'ennsylvunlu, 171143 (/W/t'/JIII/It'1' "l-bl/ll1I,'lol''') OWNER l'lrsl IlIdustl'iull'lnullclng I'artnel'.qhip, l..f', A Pennsylvunla Limited Partnership (/wl'clilllllcl' "OWI/CI"J PROJEC'I': 20,600 sq ft I All.stute Insul'allce COlllpuny 6340 Flunk Drive Suite 1000 HIIl't'isburg, pennsylvunla 17112 (lwn:lJlllf/t'r "lhllt.'d'J Premises: 6:'140 Flunk Dl'ivt>, Lower Puxton Township, Dauphin County, ' Pennsylvunia, (As fully described O~l Exhibit "A" attucl1l'd hereto) (hclt'hlll/lcl' "l}'e/llb'c.l''') WHt:REAS, on April 23, 1998 , Owner and Contmctor entered into lilt ugreelllent for the above-referenced Project, which Is locuted on the parcel of property set fourth on Exhibit "A" attached hereto (the "Premises"); and WHEREAS, in consiclemtlon for the contmct, Owner has required Contl'llctor to waive uny claim which It has 01' Illuy acquh'e, on behalf of itself, its subcont1'llctors,and suppliem, with regUI'd to the Pmiect. NOW THEREFORE, Contractor agrees as follows: 1) Neither Contractor nor uny of its subcontl'llctors 01' suppliers shall file uny Mechanic's Lien against the Project or against the Premises on account of the performunce of any labor 01' the furnishing of any Illaterluls with regard to the Project, 2) Contractor shalllnforlllall subcontmctors and material suppliers with I'egard to the Project thut Contractor has waived any rights which they Illay huve to file alienagulnst the Prqlect or the Premises, 3) This ugreement is un independent covenunt, lIncl shall opel'llte and be effective regurdless of Owner's performllnce uncleI' the conll'.1Ct. FlII1hermore, this Agreement shall extend to und be effective with regard to any supplementul contract for extra work to be performed relative to the Project. 4) In ordel' to fully protect the Owner und the Premises against uny Mechanic's Lien claim which muy be flied by Contractor 01' its subcontractol' 01' supplier In violation of the covenants contained herein, Contl'llctor, for Itself, its subcontmctor, and suppliers, hereby It'revocably authorize and empowers any lIttorney of any court of record in and for the Commonwealth of Pennsylvllnla to lIppear for it, them, and uny of them In uny of the COUl1s of Common Plells of the Commonweulth of Pennsylvllnla as Attol'l1ey fOl' it, them, 01' lIny of them and, in the IUlme of any clallllllnt who files ulien against the Project 01' the Prelllises, Illark "Satisfied" any such lien at the cost lInd expense of the Contractor and of j ~ ~ .. ,~ >- O:J ~: q; t--l "';f .. "..l'\ . WQ W r:;"lt, [~i;; '..' ,-' ~ - . ", ~ "''''~ ~'l~ ~F ""~: ,\.rl (", C:. ~;~ iil II u. {\, r'l (tIll C..' :+lge if: 0.. .... kl,'; 1",- (;0 ~1 (;) en I) rJ 11 IJ ~' ;, if :1 U II .~ !~ . 't ii" '} ./ i) " ,1 . .