HomeMy WebLinkAbout01-1329WAIVER
OF MECHANIC'S
LIENS
CONTRACTOR:
OWNER:
Gateway Construction,
5 Raydom Street
Summerdale, PA 17093
Inc.
ABG Development a PA Partnership
4550 Lena Drive
Mechanicsburg, PA 17055
PROJECT: Integic
PREMISES:
4550 Lena Drive
3rd Floor
Mechanicsburg, PA 17055
WHEREAS, on February 23, 2001, Owner and Contractor entered
into an agreement for the above-referenced Project, which is
located on the parcel of property set fourth on Exhibit "A"
attached hereto (the "Premises"); and
WHEREAS, in consideration for the contract, Owner has
required Contractor to waive any claim which it has or may
acquire, on behalf of itself, its subcontractors, and suppliers,
with regard to the Project.
NOW THEREFORE, Contractor agrees as follows:
1)
Neither Contractor nor any of its subcontractors or
suppliers shall file any Mechanic's Lien against the Project
or against the Premises on account of the performance of any
labor or the furnishing of any materials with regard to the
Project.
2)
Contractor shall inform all subcontractors and material
suppliers with regard to the Project that Contractor has
waived any rights which they may have to file a lien against
the Project or the Premises.
3) This agreement is an independent covenant, and shall operate
and be effective regardless of Owner's performance under the
4)
5)
contract. Furthermore, this Agreement shall extend to and
be effective with regard to any supplemental contract for
extra work to be performed relative to the Project.
In order to fully protect the Owner and the Premises against
any Mechanic's Lien claim which may be filed by Contractor
or its subcontractor or supplier in violation of the
covenants contained herein, Contractor, for itself, its
subcontractor, and suppliers, hereby irrevocably authorize
and empowers any attorney of any court of record in and for
the Commonwealth of Pennsylvania to appear for it, them, and
any of them in any of the Courts of Common Pleas of the
Commonwealth of Pennsylvania as Attorney for it, them or any
of them and, in the name of any claimant who files a lien
against the Project or the Premises, mark '~Satisfied" any
such lien at the cost and expense of the Contractor and of
any such Mechanic's Lien claimant. For such action, this
instrument or a true and correct copy hereof shall be
sufficient warrant. This warrant of attorney shall not be
exhausted by any single exercise, but may be re-exercised
from time-to-time at any time that a Mechanic's Lien has
been filed against the Project or the Premises. By
furnishing labor or materials with respect to the Project,
each subcontractor and material suppler of Contractor is
expressly agreeing to the terms of this instrument an
authorizing the exercise of this warrant of attorney against
it.
A~y legal fees, court costs, or other expenses incurred by
Owner with regard to a Mechanic's Lien filed by Contractor
or any of its subcontractors or suppliers, shall be payable
by Contractor to Owner upon demand.
IN WITNESS WHEREOF, Contractor, intending to be legally bound
hereby, has causes this instrument to be duly signed
this 23rd day of February 2001.
0wile r:
ABG Development a P~ PaFtnership
Na~ //e ?'Ds~Do~m/er ~
Title:
Contractor:
Gateway Construction, Inc.
Marx Simpson, Vice President