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HomeMy WebLinkAbout94-01046 CIJ 513 /I /tf1~ /1ft .. ~ All). /OL/t..R rmJ) J99~ WAIVER OF MECHANIC'S LIENS Contractor: Gateway Construction P.O. Box 247 Summerdale, PA 17093 (hereinafter "Contractor") Owner: Rouse & Associates - 5070 Ritter Road Limited Partnership (hereinafter "Owner") Project: Renovation and alteration of office 2,396 square feet Express Financial Services, Inc. 5070 Ritter Road, Suite 115, Rossmoyne Business Center Upper Allen Township, Cumberland County, Pennsylvania (hereinafter "Project") WHEREAS, on March 4, 1994, Owner and Contractor entered into an agreement for the above-referenced Project, which is located on the parcel of property set forth 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 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. . 4. In order to fully protect the Owner and the Premises against any Mechanic's Lien claims which may be filed by Contractor or its subcontractors or suppliers in violation of the covenants contained herein, Conlractor, for itself, its subcontractor, and suppliers, hereby irrevocably authorizes 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, Ihis 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 supplier of Contractor is expressly agreeing to the terms of this instrument and authorizing the exercise of Ihis warrant of attorney against it. 5. Any 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 caused this instrument to be duly signed this i Ii.,. day of ".:f(\ ((,A ' 1994. GATEWAY CONSTRUCTION Iii' II. By: -71 ;~" fI, /;''''7'&t5V\ Mark Simpson Partner t .",. -a. ("'l( en ;.- J- - ..r: ~, 0 0 ~ - - " '. ";.- 0. j r ~i:. . .... .j ~ '.' 0 - ~ ::;I ,. I~. ,": <:::L. ~ a: ~;o:.... ~, = .