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Home My WebLink About06-1785 ("./0 - OJ' S 171/~j) '-n Qj. 1 , WAIVER OF LIENS WAIVER OF LIENS Three copies of a Waiver of Mechanics' Lien are attached. They are to be signed before a Notary Public and taken to the Cumberland County Courthouse County Clerk's Office to be filed before the start of the work. 1 Courthouse Square, Carlisle, PA 17013,717- 240-6250. NOTE: ORIGINAL SIGNATURES MUST APPEAR ON ALL THREE COPIES. THE COUNTRY CLERK'S OFFICE WILL NOT ACCEPT WAIVERS WITH PHOTOCOPIED I FAXED SIGNATURES. Filing the Waiver at eh Courthouse County Clerk's Office is the Contractor's responsibility under the terms of the contract. The County Clerk's Office will stamp all copies and retain one copy for their records. One of the remaining copies is to be retained by the Contractor with the fmal copy to be submitted to the Mall Management Office, I. Affiant holds the position of tf/W /oe/t/r of C!f.A/7U/t..'1 L01'J7~ '--TO 'ZII/Co ,(hereincalled "Contractor" for purposes of convenience) and is authorized to give this Waiver of Liens of behalf of said entity. 2. This Waiver of Liens is given to Capital City Mall, and the partners therein, and their agents (individually and collectively herein the "Owner"), for the benefit of Owner and Owner's lenders and their respective title companies (herein sometimes called "Beneficiaries"), with the understanding that they rely of this Waiver of Liens, 3. On or about the date of this Waiver of Liens, Contractor has contracted for certain labor and I or other services, supplies, machinery, fixtures and I or other materials and I or for the alteration, improvement and I or other work in connection with a portion of certain real property (the" Premises") more fully described in Exhibit "A" annexed hereto and incorporated herein by reference, being known as Capital City Mall, 3506 Capital City Mall Drive, Camp Hill, PA 17011 (herein sometimes called the "Shopping Center"). 4. Contractor has not entered into any other contract, written or oral, with Owner in connection with the Premises, Contractor agrees that neither it nor any subcontractor or material man doing and lor furnishing work, labor and I or other services or materials by, through or under Contractor shall file any lien or assert any lien, right or claim against the Premises or any portion thereof including Owner's interest therein, and, further Contractor hereby waives any liens or assertion of any lien, right or claim which it has or may have against the premises or any portion thereof including Owner's interest therein under the Mechanic's Lien Law of the State of New Jersey, or at common law which may arise or which could be perfected or created by reason of any and all work, labor and I or other services, supplies machinery, fixtures and I or other materials furnished in connection with the Premises. This Waiver of Liens shall be independent covenant and shall also operate and be effective with respect to work, labor and I or other services done and materials furnished under any supplemental contract or arrangement for extra work in the erection, construction, completion, or other work to or for any building, buildings or improvements of the Premises or any portion thereof. WAIVER OF LIENS (continued) 5. Prior to permitting any subcontractor or material men to perform services or furnish material or do any other work, Contractor will obtain and deliver to Owner an executed Waiver of Liens, from each subcontractor and material men the form annexed hereto as Exhibit "8" and incorporated herein by reference. 6. Contractor agrees to defend, hold harmless and otherwise indemnify each Owner, its lenders and their respective title companies from any and all claims, actions, demands, cost and expenses whatsoever including premiums on bonds and reasonable attorney's fees at trail, on appeal and otherwise arising out of or relating to any breach of this Waiver of Liens. 7. This waiver of Liens shall be binding upon Contractor, its heirs, successors an ass igns thereof, and shall inure to the benefit of each Owner, each of the other Beneficiaries and their respective successors, heirs and assigns and grantees. 8. For the purpose of effecting the Waiver of Liens contained herein, such Waiver of Liens shall be deemed a part of the Contractor's contract as described in Paragraph 3 hereof. 9. In the event of any lien, despite this Waiver of Liens, contractor hereby irrevocably waives any right to a jury trial in any action to strike or discharge the lien. 10. In the event of any lien. despite this Waiver of Liens, anyone of the beneficiaries or the representatives of anyone of the Beneficiaries shall have the right to discharge the lien by appropriate legal proceedings and shall have the right to be completely reimbursed and otherwise indemnified by Contractor against expenses and losses resulting from such lien. Such expenses and losses shall include any attorney's fees. surety bond premiums and security bond, and other costs incurred in attempting to discharge or remove such lien and any damages or their losses resulting from such lien, all of which contractor agrees to pay. 11. Contractor hereby warrants and represents that at the time of execution hereof. it shall be conclusively presumed that no work. labor or other services of any kind have been done and not materials or supplies of any kind have been furnished for or in connection with work in and lor on the Premised by. through or under the Contractor. IN SITNES WHERE OF, the undersigned has hereto set its hand and seal as of '?-~fl-oc [f Contractor is a Corporations: CONTRACTOR: BY: cf/Z(,v It-;:J~ Title: ;OIZ- ~J (CORPORATE SEAL) If Contractor is an individual or Partnership Attest: Signed, Sealed & Delivered In the Presence of: By: j\~ ~ ~~ WAIVER OF LIENS (continued) STATE OF [INSERT STATE] PI1 SS, COUNTY OF eo Lu tn8/fl BE IT REMEMBERED THAT on the cR1 day of /1711 /lC,1--/ Lou O~ t:J rf'f?,4 . personally appeared before me Who is 'IZf.S /OFv'T . of (!.€1I.I7(/(i.r J..o(J'1c. L-'1'o I/VC. and Acknowledged that he executed and I or is authorized the annexed Waiver of Lines and desire(s) the same to be recorded, SW2.~/to and subscribed before me this~ day of lY\o.. k> (' U du.Ap. CL~ \~-<~ COIIMOMWIi"L111 Of PIiMMS'/LV"NI" NotarIal S~:~V public \ Chr" P. vac::'~o~~mbla cou"\"O(,g I 8.rW1c,k ~:~ !"\1lr".~~,,;1~.c--... 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