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NOW THIS AGREEMENT WITNESSETH:
In consideration of the above Background, herein
, incorporated by reference, and intending to be legally bound
hereby, Owner 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 improvements or the estate or title of
Owner in the Property or the curtilage or curtilages appurtenant
thereto, by or in the name of Contractor or any subcontractor,
materialmen or laborers for work done or materials 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 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.
3. In order to give Owner 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 subcont.ractor 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
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