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MECHANICS BURG FLEX BUILDING: PHASE 2 AND 3
WAIVER OF LIENS
Owner:
Project:
Lower Allen Business Center, L.P,
Mechanicsburg Flex Building: Phase Il
WAIVER OF LIEN
().. This instrument executed the q* day of ~(\ua (~ ' 2001 by
~H. ""',a..<
C <X\~\J.C_:~Q.(") G(~~1ihe "Contractor"), for the benefit of Lower Allen Business Center, L.P. organized
and existing under the laws of the Commonwealth of Pennsylvania ("Owner").
WITNESSETH
A. Owner intends to enter into an agreement (the "Agreement") with the Contractor, which provides for
the Contractor to perform tasks related to the Construction of the Mechanicsburg Flex Building on a tract of ground
location in Lower Allen Township, Mechanicsburg, PA. The improvements to be constructed are herein called
"Improvements" designated as the Mechanicsburg Flex Building: Phase II for Lower Allen Business Center, L.P.,
2121 Old Gatesburg Road, State College, PA 16801.
B. By the terms of the Agreement, Contractor will covenant, promise, and agree that no mechanics' or
materialmen's liens will be filed or maintained against the Improvements or the estate or title of Owner in the
System or any part thereof, or the appurtenances thereto, either by itself or anyone else for or on account of any
work, labor or materials supplied in the performance of the Agreement, or under any supplemental contract or for
extra work, or in the erection, construction or completion of the Improvements on the System or any appurtenance
thereto.
NOW, THEREFORE, in consideration of the contract and intending to be legally bound hereby:
(I) WAIVER OF LIEN. Contractor, for itself, its subcontractors, materialmen, laborers and anyone else
acting or claiming through or under it, does hereby waive and relinquish all right to file a mechanic's lien, or notice
of intention to file any lien, and does hereby covenant, promise and agree, to the extent permitted by law, that no
mechanic's lien or other lien of any kind whatsoever shall be filed or maintained against the Improvements or the
estate or title of the Owner or the Improvements or the appurtenances thereto, by or in the name of Contractor, or
any subcontractor, materialman or laborer for work done or materials furnished under the Contract or by any other
party acting through or under them or any of them for and about the Improvements of the System or any part
thereof,
(2) INDEPENDENT COVENANT. This Agreement waiving the right of lien shall be an independent
covenant, shall operate and be effective irrespective of the Owner's performance under the Contract and shall
operate and be effective 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 Improvements as to any work and labor done and
materials furnished under the Agreement.
H/A 0502 CONTRACT CONDITIONS
100
WAIVER OF LIENS
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MECHANICS BURG FLEX BUILDING: PHASE 2 AND 3
(3) REMOVAL OF ANY LIEN. If any such mechanic's lien or other lien of any kind whatsoever shall be
filed or maintained against the Improvements or the estate or title of the Owner in the system or appurtenances
thereto, Contractor promptly and at its expense shall cause such lien to be removed or satisfied.
(4) POWER OF ATTORNEY TO SATISFY LIEN. In order to give Owner full power and authority to
protect itself, the Improvements, the estate or title of the Owner therein, and the appurtenances thereto, against any
and all liens filed by the Contractor or anyone acting under or through it in violation of the foregoing covenant, the
Contractor, to the extent pennitted by law, hereby irrevocably authorizes and empowers any Attorney of any Court
of Common Pleas of the Commonwealth of Pennsylvania, to appear as Attorney for it, them or any of them, in any
such Court, and in its or their name or names, to the extent pennitted by law, mark satisfied or recorded at the cost
and expense of the Contractor or of any subcontractor or materialman, any and all lien or liens, filed in violation of
the foregoing covenant, or cause to be filed and served in connection with such lien or liens, any pleading or
instrument, or any amendment to any pleading or instrument previously filed by it 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, tenn and number in which and where this Agreement
shall have been filed shall be a conclusive evidence of the authority herein contained to warrant such action, and the
Contractor for itself and, to the extent pennitted by law, for them does hereby remise, release and quitclaim all rights
and all manners of errors, defects and imperfections whatsoever in entering such satisfaction or in filing such
pleading, instrument or amendment, or in any way concerning them.
(5) FILING WITH PROTHONOTARY. This instrument is made and intended to be filed with the
Prothonotary in accordance with the requirements of Section 1402 of the Mechanics Lien Law of 1963 of the
Commonwealth of Pennsylvania.
HI A 0502 CONTRACT CONDITIONS
20f3
WAIVER OF LIENS
... , ..
MECHANICSBURG FLEX BUILDING: PHASE 2 AND 3
IN WITNESS WHEREOF, the undersigned Contractor has executed this instrument as of the day and year first
above written.
ATTEST:
CONTRACTOR:
~- -~'-'C'-. .__~
Secretary ~
(SEAL)
COMMONWEALTH OF PENNSYLVANIA:
SS
COUNTY OF
On this, the q-Yk day of 7So..(\ua...,~ ' 200~, before me, a Notary Public in and for the
Commonwealth of Pennsylvania, personally appeared ('<\a.S.IL. C. ~.r who
L' \\. () . _1/\ ~,Q.C'
acknowledged "'-'<<'self to be the \J'Q ,\(es,'O<'-0\ of c.mC;\.<:.....{'~r.n ~~;~<lC'a
l:.~CJ.J.. (m~O"c....-\D~ <:O(~~ and that as such officer, being authorized to do so, executed the
foregoing instrument for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
(1~O.~'
-;{;ary Public
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Jenifer A. PIoori, NotaIY PI.tic
~ T'hP., YorkCoU'lly
My Commission Expires May 10, 2008
Member, Pennsylvania Association Of Notaries
HfA 0502 CONTRACT CONDITIONS
30f3
WAIVER OF LIENS
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