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HomeMy WebLinkAbout01-04984 ,. ~~r - ~/ %~`~ ~"~~~ wArvER ®F LrErrs THIS AGREEMENT made this 22nd day of August 2001 between United Way of the Capital Region,- parry of the first part (hereinafer called Owner), and IIerre ;iros . , Inc . ,party of the second part (hereinafter called Contractor). WHEREAS, the said parties have by a duly executed Agreement under seal, entered into a written contract for construction of a new facility at MIllennium Way in Hampden Township, Cumberland County, Pennsylvania. WHEREAS, by the terms of the Contract aforesaid the Contractor covenanted, promised, and agreed that no mechanics' or materialmen's lien or claims would be filed or maintained against the said building or buildings or any part thereof, or the cartilage or curtilages appurtenant thereto, either by himself or anyone else for or on account of any work, labor, or materials supplied in the performance of the said Contract, or under any supplemental Contract or for extra work, in the erection, construction, or completion of the said building or buildings or any of the cartilage appurtenant thereto. NOW-THIS AGREEMENT WITNESSETH: That *he Contractor, for himself and anyone else acting or claiming through or under him, for and in consideration of the Contract aforesaid and the considerations of the Contract aforesaid and the considerations mentioned thereunder, as well as the further consideration of one ($1.00) dollar to him in hand paid by the Owner at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby waive and relinquish all right to file a mechanics' lien, claim, or notice of intention to file any lien claim, and does hereby covenan[, promise, and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the said building or buildings or the cartilage or curtilages appurtenant thereto, by or in rite name of Contractor or any subcontractors, materialmen, or laborers for work done or materials furnished under said Contract or by any other party acting through or under them or any of them for and about said building or buildings, or any part thereof, or on credit thereof, and that all subcontractors, materialmen, and laborers on said 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 :;iaim of any kind whatever against Owner fcr any •a~crk done or labor or materals tarnished under said Contract for and about the erection, construction, and completion of said buildings as aforesaid, or under any Contract for extra work or for work supplemental thereof, or otherwise. AND this Agreement waiving the right of lien shall be an independent covenant and shall opera[e and be effec[ive as well with respect to work done and materials furnished under any supplemental Contract for extra work in the erection, construction, and completion of the said building or buildings as to any work and labor done and materials furnished under the Contract aforesaid. AND, in order to give the Owner full power and authority to protect himself, the lot or lots of ground, and the building or buildings, and the cartilage or curtilages appurtenant thereto, against any and all liens or claims filed by the Contractor or anyone acting urtder or through him or if in violation of [he Foregoing covenant, the said Contractor for himself, themselves, itself, hereby irrevocable authorizes and empowers any Attorney or any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear as Attorney for him, them, it, or any of them, in any such Court and in his or their Warne or names, mark satisfied of record at the cost and expense of the Contractor or of any Subcontractor or Materialman, any and all claim or claims, lien or liens, filed in violation of the foregoing covenant, or cause to be filed ir. 20002020 WL-1 yyA- 9 .r P connection with such claim or claims, lien or liens (in the name of the Contractor or any Subcontractor or anyone else acting under or through him) any pleading or instrument, or any amendment to any pleading or instrument previously filed by him or them, to incorporate therein, as part of the record the waiver contained in this instrument, and for such act or acts this instrument 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 warranty such action, and the Contractor for himself and for them does hereby remise, release, and quitclaim all rights and all manner of errors, defects, and imperfections whatsoever in entering such satisfaction or in filing such pleading, instrument, or amendment, or in any way concerning them. IN WITNESS WHEREOF the said parties have hereunto set their hands and seals dated the day and year first above written. WITNESSES PRESENT: ~~ O NER (Seal) Herne Bros., Inc. (Seal) ~~~----~`~- By . CON~TOR Sharon L. Billy, Vice esident Brenda J. Davis, Secretary 20002020 WL-Z United Way of the Ul ~ ~' (© c~ `~~ ?, i ~^ m1 } ys. ,~ ~ ~ i~ ~;. _. '~ " c~~ ;~ F c ~ ,~7 ?< c~ au~reBC~sR ~.~. 3nyn r .rv~a»paeprcWi%eae~Y~syi ~4+€x~~~rttiPot~~µw~Rdl9dlinR~i5~