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SECTION 00825
NO-LIEN AGREEMENT
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CONTRACTOR:
Lobar, Inc.
1 Old Mill Road
Dillsburg, PA 17019
NO-LIEN AGREEMENT
AND
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The Mechanicsburg Area School District
500 South Broad Street
Mechanicsburg, PA 17055
2001
WHEREAS, the parties hereto did on the 23rd day of April ,Dtl8, enter into an
agreement (hereinafter the "Contract"), therein and whereby said Contractor undertook
and agreed to furnish all materials, labor and equipment, etc., to complete the work for
a new middle school for the Mechanicsburg Area School District located at S. R. 114,
Mechanicsburg, PA
NOW, THEREFORE, the Contractor for itself and any and all subcontractors,
materialmen anq parties acting for, through or under the Contractor or for, through or
under any of them, does covenant and agree that it will not at any time suffer or permit
any mechanics' lien or any other lien, attachment or other encumbrance, under any
laws, regulations, or orders, Federal, State or local, or otherwise by any person or
persons whomsoever, to be put or remain on the building or premises, into or upon
which any work is done or labor or materials are furnished under this Contract, for such
work, labor or material, or by reason of any other claim or demand against the
Contractor, and the Contractor has not obtained absolute title; and the Contractor
agrees, further, that any mechanics' lien, materialmen's lien or any other lien,
attachment or other encumbrance or claim of a third party, however arising (whether
through the Contractor's or Owner's or any other persons action or inaction, and
whether valid or invalid), until it is removed shall preclude any and all claim or demand
for any payment whatsoever under or by virtue of the Contract, and in the event that
same is not removed, the Owner at its discretion may remove same at the expense
(including legal fees) of the Contractor, and without regard to the validity or invalidity
thereof.
The Contractor expressly agrees further, that no lien shall attach to the real estate,
building, structures, or any other improvement to the Owner either on behalf of the
Contractor herein or on behalf of any subcontractor, mechanic, journeyman, laborer,
Mechanicsburg Middle School
eRA Project No. 1512
00825-1
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materialman or person performing improvement or premises of said Owner, or on
behalf of any other person. Neither the Contractor or any other person supplying any
materials, equipment, machinery or other property, or performing work or labor in or
upon the building or the work, included in this Contract shall have the right to file a
mechanic's lien against the building or premises.
Contractor warrants and represents that at the time of execution hereof no work of any
kind has been done and no materials of any kind have been furnished, delivered or
ordered in connection with the performance of this Contract of any supplemental
contract for extra work.
This stipulation and waiver is made and intended to be filed with the Cumberland
County Prothonotary within ten (10) days after the date hereof, in accordance with the
requirements of Act of Assembly of Pennsylvania, in such case provided.
In WITNESS WHEREOF, we have hereunto set our hands and seals, intending thereby
to become legally bound this 3 C!- day of m"""",< 2001 ,~.
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Mechanicsburg Middle School
eRA Project No. 1512
OWNER:
Mechanicsburg Area School District
500 South Broad Street
Mechanicsburg, PA 1 55
CONTRACTO '
J. Richard Ay rs
BY: Exec. V.P./Co
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