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HomeMy WebLinkAbout03-0804NO LIEN AGREEMENT THIS AGREEMENT, made and entered into the 10th day of February, 2003 by and between Robert J. Plumeri of Richard D. Poole, LLC hereinafter designated as Contractor, and Wal-Mart Stores, Inc. of Bentonville, Arkansas hereinafter designated as Owner. WITNESSETH: That by a certain contract of even date herewith, the Contractor, in consideration of the covenants to be performed and payments to be made by or on account of the Owner, did covenant and agree to furnish all labor and materials and perform all work necessary to complete in the most substantial manner and to the satisfaction and acceptance of the Owner. NOW THEREFORE, the Contractor, in consideration of the sum of One ($1.00) Dollar and of the covenants and provisions in said contract contained, does hereby covenant, stipulate and agree, and it is also covenanted, stipulated and agreed in the above recited contract, as follows: General Construction of Wal-Mart Retail Store #1886-01 situated in Mechanicsburg, Pennsylvania, County of Cumberland That there shall be no lien or right to file a lien against the structures or improvements contracted for in the above recited contract, or any part or parts thereof, or the site thereof, for work or labor done or materials furnished in the performance of the work embraced in said recited contract, or any part or parts thereof, or extra work thereunder or changes made therein; and that no such lien or claim shall be filed, or in any way attempted to be enforced by, or on behalf of, the contractor, or by or on behalf of, any subcontractors, material men or other persons concerned in or about the performance of the work embraced in said contract; nor shall there be any claim for work or materials against the Owner, his heirs, executors, administrators or assigns, other than the legal claim of the Contractor as provided in said contract. It is the full intent of the Contractor, for himself and for any sub-contractors or material men claiming for themselves, or by, through or under the contract that the dght to file a mechanics' lien, under the provisions of Acts of Assembly in such cases made and provided, for work done or materials furnished in and about the erection, construction or repairs of the building and improvements above described, is hereby waived. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands and seals, the day and year first written. Witnesses: RICHARD D. POOLE, LLC Robed J. Plumeri President COUNTY OF /~-~) On this the~ th day of '-~C~Q'~-'gC// ~ ~ ~ore me, a Nota~ Public, within and for the - ~ , O0 State and County aforesaid, personally appeared ~ ~:)~ ~. ~).~ , to me well known, who stated upon oath that he had executed the foregoing instrument for the consideration set fo~h therein. My commission expires: WITNESS: WAL-MART STORES, INC., OWNER Debbie Gilmore, Manager Contract Administration STATE OF ARKANSAS COUNTY OF BENTON On this the / ~)"¢qXth day of ~_.~b("~Cbr',~,' ,2003 before me, a Notary Public, within and for the State and County aforesaid, personally appeared Debbie Gilmore, to me well known, who stated upon oath that he had executed the foregoing instrument for the consideration set forth therein. Notary Public My commission expires: