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Home My WebLink About95-02688 /'1::1- -, ~ ~s J; t1AL () STIPULATION AGAINST LIENS TillS AGREKMENT made and conclud~d thh J.a .wy of Lb11~_.lflS, b.l.w~un Carlisle Area School OL~trict . party of the first part (hvruinafter call.d Owner), and Shannon ft. Smi th, In~~ -----, part of the ..oond part (h.rainaftor cal1.d Contractor). \/Itu'EAS. th. 8llid partio. have by a duly executed AlIreemont undur soal, entered into . writt~n Contract for tha conatruction oC ~VAC System Upgrade Elec. Contract , located at Letort Elem~ntary School IIIlKREAS, hy tho tern~ cf thc Centract ..C...'ua;dd ch~ Concrllccor covenanud, promiaad, and agreed, that no mechanics' or materialmens' lien or claims would be filed or maintained alldnst the odd building or buildings or any part thareof. or th.. curtilage ~r curtilages appurtenal1t thereto, either by himnlC or anyone el.. for or on account of any vork, labor, or materials uuppl1ed in the performance of tho seid Contract, or llnd~r any .uppl,"nontal Contract or for extra work. in the erection, construction, or completion of the said building or buildingll or any ot' the curtilage or curtlla~es app\.\rtenan\ thereto, NOW TillS AGREEMENT Wt'fNESSETH: TIlat the Contrac tor, ror himself and anyone e1.. acting or clalmln, through or under him, fOl' and in COIIs1duation of the Contract afor.a.id and the coneiderat:iono mentioned thel'eunder, as wall as by the further ~onsideration of One ($1) Dollar to hiw in hand paid by thl Owner at or before the sealing and delivery or tho.e present., the receipt w11ereof h hereby acknowledged. doe. henby waive and relinquish all right to fne ., mechanics 11..n. claim, or notico of intention to file allY lien claim, and don hereby covenant, promise. and agree, that no mechanico' lion or claim Or other lien or claim of any kind what:soevor Shall be filed or maintained agdnut the sdd buildin& or building. or the curtilage or curtilage,. appurcant thereto, by or in thll name of Contractor or any subcolltt.actors, mat.rialm...n, or laborere for work do no or matori.la furnishod under said Contract or by any "ther party ncttn. thr~<l~h vt und"l: them or any of them for and about .aid building or buildings or any part thereof, or on credit thereof. and that all subcontractors. m.terialmen, and laborers 011 said work slldl look to and hold Contractor penonally liable for all subcontraots, matel.io.h furnhhed, and work end labor done, so th31" there shall not be al1Y lei"l or lawful cl aim of eny kind whatever at;ainst CNIl"r for allY WOI'~. YOM or labor or materiah furnhhed undllr said Contra"t for and abnut the eraction, conatruction, Ilnd completion of said building or buildings .s efore~aid, or lIl11.l"r any Colltract for extra loIork or for work SupplllUlental theretn, or oth.r"iGe. AND this Agrument wa1...ing the rillht or Uen shall b. an independent covennnt and shsll overata and be effective ao well with re.pect to work done and materials furnhhlld under any Bupplemental contract fOJ: IIxtrn work in the erection, construction, an.1 cumpletion of the said buildin,; or buildings as to sny work and labor done and mala rials furnished undAl' the contract aforuaid. AND, in order to gt.... tha Ownsr full I'uw.r and lIuthoritj' to protect htm$8lf. th.. 10t(s) of ground, and the bunding oJ: buildings. and the curtilage or curttlagu appurtenant thentu, against any And all liens or claims ft led by the Contucte. or anyone actillll under or throullh him or if in violation of the foregoillg covenant, the said Contractor for himself. themselves, 1tnlf, hereby irre...ocable authori~.u and empowers any Attorney of any Court of Common Pleae of the Commonwealth uf Pennsylvania to appear as Attorney for him, theil, it, or any of them, in IIny such CO\,lrt alld in his or th" i r name ot' names. mark aatleCted of record at the cost and expense of the Cont.l'actur or of any Subcontractor or Haterilllman, any and all claim or claims, 11.m ur lieno, fihd in violatiol'\ of thll foregotng co...enant. or cause to be f11ud in connection with such olallJl or claims, liun or liens (in the namG of the Contractor or Any SubcontrActor, or anyone ~l$e ccting \lnder or throu!;h him) any pleading or inatrument, or any alllllntlment to any pl_ading or instrument praviouely filed by him or them, to incorporate theretn, as part of the record the waivar contained in this instrument, and for such act or acts \,Inder thia 1nstl:\ll1lunt ahall bM good and sufflcient warrant and aULho(ity, and a reference to the Court, Term, lmd Number in which and where this agruument shall have bun filed .hall be " S\,Iffictent exhibit of the author it)' herein contained to "...rrant such action, and the Contractor for himself lInd I:or them does hereby remise, rulease, and quit-cletm all r1&ht~ and all manner ul: errors, defects, .nd imperfections whatsuMver in eneedn& such satisfaction or in filtng auch pleading. instrUlllent, or an,ondment, or in lmy way concuJ:ninll them. IN WITNESS \.!HEREOF the said partiu havII hereunto sat lhlllr hancls (and ...18) dated the day and ye". first abo..." written. WITNESSES PRESENT: COMMONWEALTH OF PA COUNTY OF CUMBERLAND (8y) ROBERT C. WILLIAMS SWORN & SUBSCRIBED BEFORE ME THIS ~2TH Y OF M~Y ~}9,5, ./ ~M j/ ~A'1far( y N T~BlTC (lIy) Nolsnal Seal LIsa K. Lehmsn. Nolary Public CSfl's!r Ooro, Cumberland County MV Cummisslon E,plres Jan. 31, 1998 k1'~;~If. .onn~ylvJnt<1, '.soc:i..ltiO'l antJS I ) I.t -'-~.\\ lOTAL P.03 -- 'cl ~ :t:; ~~ ,. - ~ -..^ , ~ "- tv " ~-- . ':-l ~ r ---. I' ---.j ~ l' " ,1.0 :;j" '''''' r ~ ... C'