HomeMy WebLinkAbout99-01961
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WAIVER OF U~:NS
ORIGINAL
KNOW ALL MEN BY THESE PRESENTS, thaI
WHEREAS, Ilcnry C. Wcber and Suzanne M Weber (collectively the "Owner") and At
Your Service Home Builder, LLC ("Contractor") havc entered into an agrccmcnt ("Agreement")
relating to the construction of certain improvements to a parcel of real property known as Lot # I
Eppley Road, Mechanicsburg, Monroe Township, Cumberland County, Pennsylvania, as more
panicularly described on Exhibit A attached hereto ("Premises"), as pan of the consideration for
which agreement this Waiver is given;
WHEREAS, the Contractor has covenanted, promised and agreed that no mechanics' liens
or claims will be entered and filed against the Premises by Contractor, its subcontractors, vendors,
materialmen, laborers or anyone else for any work, material or labor supplied in the performance
of the Agreement or any supplemental agreement for extra work.
NOW, THEREFORE, Contractor, intending to be legally bound hereby, in consideration
of the sum of One Dollar ($1.00) to Contractor in hand paid, the receipt of which is hereby
acknowledged, as well as for and in consideration of the entry by Owner thereunder, it is
stipulated and agreed that neither the undersigned Contractor, any subcontractor, vendor,
materialman, laborer, nor any other person furnishing labor or materials to Contractor with
respect to the Agreement shall file a lien, commonly called a mechanics' lien, for work done or
materials furnished to the buildings or improvements located on the Premises or any part thereof.
This stipulation and agreement waiving the right oflien shall be an independent covenant
and shall also operate and be effective with respect to work done and materials furnished under
any supplemental agreement or arrangement for extra work in the erection, construction and
completion of any buildings or improvements on the Premises.
In the event that any mechanic's liens or claim is filed by the undersigned, undersigned
hereby irrevocably waives any right to a jury trial in any action to strike or discharge the lien.
If the undersigned or any contractor or materialmen claiming by, through or under the
undersigned files a mechanic's lien, notwithstanding this Waiver, the Owner or the Owner's
representatives, successors or assigns shall have the right to discharge the lien by appropriate legal .
proceedings and to retain out of any payment then due or thereafter to become due to the
undersigned an amount sufficient to completely reimburse and indemnifY Owner against expenses
and losses resulting from such lien. Expenses and losses shall include any attorney's fees, surety
bond premiums and other costs incurred in attempting to discharge or remove such lien and nay
damages or other losses resulting form such lien all of which the undersigned agrees to pay. If
any payment then due to the undersigned by Owner is not sufficient to reimburse and indemnifY
Owner by way of off-set as aforesaid, the undersigned agrees to pay the amount of the difference
to Owner upon demand.
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