HomeMy WebLinkAbout94-03259
1. contractor, for itself and anyone else acting or
claiming through or under it, does hereby waive and relinquish all
right to file a mechanics' or materialmen's lien, or notice of
intention to file any lien, and does hereby covenant, promise and
agree that no mechanics' lien or other lien of any kind whatsoever
shall be filed or maintained against the estate or title of owners
in the property or the appurtenances thereto, by or in the name of
contractor, or any subcontractor, materialman or laborer acting or
claiming through or under for work done or materials furnished in
connsction with the contract or by any other party acting through
or under them or any of them for and about the property or any part
of it.
2. This Agreement wa i v ing the right of lien shall be an
independent covenant by contractor and shall operate and be
effective as well with respect to work done and materials furnished
under any supplemental contract for extra work in connection with
the above-described project on the property to the same extent as
any work and labor done and materials furnished under the contract.
3. 1 n order to q i ve Owners full power and author i ty to
protect. themselves, the property, the estate or ti tIe of Owners
therein, and tho appurtenances thereto, against any and all liens
filed by Contractor fJr anyone act ing under or through I t in
violation of the foregoing covenant, Contractor hereby irrevocably
authoriEes and empowers any attorney of any Court of Common Pleas
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of the commonwealth of Pennsylvania to (i) 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 permitted by law, mark satisfied of
record 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 aforementioned covenant, or (il) 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, and 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. A reference to the court, term and number
in which and where this Agreement shall have been filed shall be
conclusive evidence of the authority herein to warrant such action,
and contractor, for itself and for them, hereby remises, releases
and quit-Claims all rights and all manner of errors, defects and
imperfections whatsoever in entering such satisfaction or in filing
such pleading, Instrument or amendment or in any way concerning
them. In the event anyone actin'l through or under Contractor shall
so file a lien in violation of the aforementioned covenant, Owners
may not exercise their rights under this Paragraph ] unless such
lien has not been stricken or discharged (by payment, posting of a
bond or other means) for a period of ten (10) days after notice of
such lien shall have been received by Contractor.
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