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HomeMy WebLinkAbout98-06949 .. for extra work, or in any other erection, construction, completion, or renovation of improvements to the property. Contractor is will ing to affirm hereby that no portion of the property or any improvements thereon, whether rented by MEMO or otherwise, shall be subjected to any such lien or claim, E. This Stipulation Against Liens is intended to benef it. and protect Owner and MEMO and their respective successors and assigns. NOW THIS AGREEMENT WITNESSETH: In consideration of the above Background, herein incorporated by reference and intending to be legally bound hereby, Owner, MEMO, and Contractor, for themselves and their respective representatives, successors and assigns, and others claiming by or under it or them, agree as follows: 1. The Contractor, for itself and anyone else acting or claiming to act through or under it, for and in consideration of the Contract and the considerations mentioned therein, does ' hereby waive and relinquish all right to file a mechanics' lien, claim or notice of intention to file any lien or claim, and does hereby covenant, and stipulate that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against any impr.ovements or the estate or title of Owner and/or MEMO in the Property or the curtilage or curtilages appurtenant thereto, by or in the name of Contractor,or any subcontr.actor, materialmen or laborers for work done or mat.erials furnished under the Contract or by any other party acting through or under them or any of them for and about the property or any part thereof, or on credit thereof, and that all subcontractors, materialmen, and laborers on the work shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatsoever against Owner and/or MEMO for any work done or labor or materials furnished under the Contract, or under any contract for extra work, or for work supplemental thereto, or otherwise. 2. 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 to the Property as to any work and labor done and materials furnished under the Contract. 2 ~ 3. In order to give Owner and/or MEMO, full power and authority to protect itself and the Property against any and all claims filed by Contractor or anyone acting under or through Contractor 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 appear in any of the Courts of Common Pleas as Attorney for it and, in its name, to mark satisfied of record at the cost and expense of Contractor or any subcontractor or materialman, any and all claim or claims, lien or liens, filed by or for the Contractor, or any subcontractor or materialman, or in its or their name against said building or buildings, or other improvements, or any lot or lots of ground 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, Term and Number in which and where this Agreement shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action; and does hereby remise, release and quit- claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in anywise touching or concerning the same. ' 4. In the event that Contractor consists of more than one person, firm or corporation, the undertakings hereunder of each of such persons, firms or corporations shall be joint and several, and the word "Contractor" shall mean all or some or any of them. For purposes of this Agreement, the singular shall be deemed to include the plural, and the neuter shall be deemed to include the masculine and feminine, as the context may require. 5. If any provision of this instrument shall be deemed by judicial determination or legislative action to be invalid or unenforceable, only such provision so declared invalid or unenforceable shall be affected, and all other provisions not inconsistent therewith or directly dependent thereon shall remain in full force and effect. 6. The execution and delivery.of this instrument shall not be deemed to imply that any right to a lien otherwise exists in favor of Contractor. 3 1 '1 ~ .....; ~ K ?1: J ~ ~ '"':> <"- ~ --- 0 N ,'- 0 ] ~ :::t , ~ r-i '. .