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HomeMy WebLinkAbout95-06444 - . 1. Waiver of Lien. Contractor hereby waives and relinquishes all rights to l1Ie a mechanics' lien, claim or notice of Intention to file any lien or claim and does hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained agalnstlhe Improvements or the estate or title of Owner In the Property as described In Exhibit "A" or the curtilage or curtllages appurtenant thereto, by or in the name of Contractor or any subcontractor. materialmen or laborers 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 or the Property or any part thereof, or on credit thereof, and that all subcontractors, materialmen and laborers on the work shall look to and hold Contractor personally liable for all subcontracts, materials furnished under the Contract for and about the erection, construction and completion of the Improvements, or under any contract for extra work, or for work supplemental thereto, or otherwise. 2. Independent Covenant. This Agreement waiving the right of lien shall be an independent covenant 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 said Improvements and as to any work and labor done and materials furnished under the Contract. 3. Power of AlIomev. In order to give owner full power and authority to protect itself, the property, the estate or title of owner therein, and the appurtenances thereto, allalnst any and all liens filed by Contractor or anyone acting under or throullh It In violation of the forelloillll covenant, Contractor hereby irrevocably authorizes and empowers any allomey of any Court of Common Pleas of the Commonwealth of Pennsylvania to (I) appear as allomey for It, them or any of them, in any such Court, and in its or their name or names, to the extent permilled by law, mark satisfied of record at the cost and expense of Contractor or of any subcontractor or materialman, any and all lien or liens, filed in violation of the foregoing covenant, or (Ii) cause to be filed and served in connection with such lien or liens any pleading or Instrument, or any amendmenlto 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 allll1anncr 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 aCllng through or under contractor shall so file a lien in violation of the foregoing covenant, owner may not exercise Its rights under this Paragraph 3 unless such lien has not been stricken or discharged (by payment, posting of a bond or other means) for a period of ten days after notice of such lien shall have been received by Contractor. - . -_P-" - 4. ~bllc Notice. This Agreement shall be J1Ied In the Cumberland County Prothonotary's Office as public notice hereof, IN WITNESS WHEREOF, the said parties, Intending to be legally bound hereby, set their hands and seals ds\ed the day and year flrst above written, ATTEST: 11. tJ. tf'~ (.\8".) Ilu..uuy ~(... fUJ. (SEAL) ATTEST: {J;~VI~~ "IlFf. (SEAL) OWNER: SMITH LAND & IMPROVEMENT CORPORATION By: ~.~_.;on- 1&' 1(/ CONTRACTOR: CUMBERLAND DESIGN & BUILDING COMPANY, INC. By: A-'.I-- t{~ fA. f; JHJ t-....:J ''''' \t .~ t , -'" ~, f'. , ....... \ (V') ". ~ i.., ~ i<'.i t - ~ ~ . , ..~.. .~ ~ -'-.