HomeMy WebLinkAbout03-1104NO UEN AGREEMENT
THIS AGREEMENT, made and entered into this/~ day of ~ , 2003, by and between B.T. HITE,LLP, of
'200 Union Ave., Altoona, Pennsylvania, 16602 herinafter called 'OWNER",
AND
"THE HITE COMPANY", of P.O. Box 1754, Altoona, Penna. 16603 herinatter called the "TENANT",
AND
, hereinafter called "CONTRACTOR".
WHEREAS, the parlies hereto have entered into a certain Construction Contract Agreement (the "Agreement")
pursuant to which CONTRACTOR will perform certain work and furnish materials in connection with the construction of
TENANT'S SPACE within a one sto~y building upon OWNER'S lot of ground situate in the Borough of Carlisle, County of
Cumberland and State of Pennsylvania, and being mom fully described as the B.T. HITE, LLP property on Ritner Highway
(S.R. 0011) pennsylvania, described in Deed Book Volume 255 Page 629, as recorded with the Recorder of Deeds Officein
and for Cumberland County.
NOW, THEREFORE, in considera'don of the execution and delivmy of the Agreement and intending to be laga~y
bound hereby, TENANT & CONTRACTOR, for itself, its successors and assigns, and for all subcontractors and other
parUas acting through or under it or him does hereby covenant, promise and agree that no mechanic's lien or claim or other
lien or claim of any kind whatsoever shall be filed or maintained against the building, the land or any part or parts thereof or
the appurtenances thereto, by CONTRACTOR or by any subcontractor, materialmen, laborers or olhemfor work done or for
any tools, equipment, materials or supervision or others aewicee furnished under the Agreement or any subcontract and any
supplements thereto, w~ten or oral, or by any other party acting through or under them or any of them, for about the
residence and land or any parts thereof, or on the credit thereof.
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AND, this No-Lien Agreement shall be an independent covenant and shall operate and be effectve as well with
respect to work done and matedais and services furnished under any supplemenlal contract for extra workin conneclion with
the construclion of the improvements es to any work and labor done and materials furnished under the Agreement.
AND, in order to give the OWNER full power and authority to protect itself and the building and the land agairmt any
and ~ claims filed by CONTRACTOR, or by any subcontractor or anyone acting under or through CONTRACTOR in
violation of the foregoing covenant, CONTRACTOR, for himself, his successors and assigns, and all such persons hereby
irrevocal~y authorized and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to
appear for him, them, or any of them, in any Court as attorney for him or them, and in his, its or their name, mark satisfied of
record at the cost and expense of CONTRACTOR or of any such subcontractor, laborer or matedalmen, or in its or their
names against the building or the land or any part thereof, and for such act or acts this shall be good and sufficient warrant
and authority and a reference to the Court and to the docket in which and where this No-Lien Agreement shall have been
filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the CONTRACTOR, for itself
and all subcontractors, laborers and materialmen, does hereby release all errors and defects whatsoaver in the entry of any
such satisfaction or the exercise of the authority hereby conferred.
This No-Lien Agreement will be filed in the Olllce of the Prothonotary of Cumberland County, Pennsylvania,
pursuant to the provision of theAct of Auguat 24, 1983, P.L 1175, No. 497, es supplemented and amended and the receipt
for such filing will be delivered to OWNER prior to the commencement of any work on the premises by CONTRACTOR in
connection with the improvements. If any work has commenced the CONTRACTOR reieaeas the land and improvements
from all liens. Furthermore, if any CONTRACTOR/subcontractor has worked on the land and/or the improvement and/or If
any materialman has provided materials that are not paid CONTRACTOR will have said subcontractor/materialman sign a
Release of Liens.
WITNESS the due exec~on hereof the day and year flint above wdtten.
CONTRACTOR. ,
~ ·
THE HFFE COMPANY
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