16-Waivers.pdf

AFFIDAVIT OF PAYMENT

AND

RELEASE OF LIENS

TO:

PROJECT:

I hereby certify that, to the best of my knowledge, all outstanding claims and indebtedness of any nature resulting from the performance of my contract have been paid, except for the following:

I hereby deliver to the Owner, a complete release of all liens arising out of this Contract for unpaid material and labor, or other costs.

ATTEST: CONTRACTOR:

By

Title

STATE OF PENNSYLVANIA (SEAL)

COUNTY OF

On this day of , A.D., 20 , before me, the undersigned officer, in and for said county and state, personally appeared

, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purpose therein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

Date

WAIVER OF LIEN

This instrument executed the day of , 20 by , a (Contractor)

(Type of entity and State in which organized)

(the “Contractor”), for the benefit of , a (Entity that retained the contractor) in County, Pennsylvania (“Owner”).

(Type of entity and State in which organized)

WITNESSETH

WHEREAS, Owner has entered into an agreement with Contractor (the “Contract”) whereby

Contractor will construct improvements to Owner’s system located in the

, County, Pennsylvania (the “System”).

WHEREAS, by the terms of the Contract, Contractor has covenanted, promised and agreed that no mechanics’ or materialmen’s liens will be filed or maintained against the Owner’s real property or personal property interests in the System for or on account of any work, labor or materials supplied in the performance of the Contract, or under any supplemental contract or for extra work, or in the erection, construction or completion of the work on the System or any appurtenance thereto.

NOW, THEREFORE, in consideration of the contract and intending to be legally bound hereby:

(1) 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 any real property or personal property of the Owner related to the System 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 in connection with System.

(2) INDEPENDENT COVENANT. This Agreement waiving the right of lien shall be an independent covenant, shall operate and be effective irrespective of 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 any work and labor done and materials furnished under the Contract.

(3) REMOVAL OF ANY LIEN. If any such mechanics’ lien or other lien of any kind whatsoever shall be filed or maintained against any real property or personal property of the Owner related to 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 real property and personal property related to the System, 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 permitted by law, hereby irrevocably authorized 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 names or names, to the extent permitted by law, mark satisfied of record at the cost and expense of the Contractor or 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, term 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 permitted 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) WORK NOT COMMENCED. Contractor hereby represents and warrants that no work of any kind or nature has yet been done on the System and no materials whatsoever have as yet been furnished to the System by anyone under, toward or in connection with the execution or performance of the Contract and that no such work shall be done and no such materials shall be furnished until receipt of notice from Owner authorizing the same.

(6) FILING WITH PROTHONOTARY. This instrument is made and shall 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, 49 P.S. § 1402.

IN WITNESS WHEREOF, the undersigned Contractor has executed this instrument as of the day and year first above written.

ATTEST: CONTRACTOR

Secretary President

(SEAL)

COMMONWEALTH OF PENNSYLVANIA :

: SS

COUNTY OF :

On this, the day of , 20 , a Notary Public in and for the

Commonwealth of Pennsylvania, personally appeared who (Name of person appearing) acknowledged [himself OR herself] to be the of (Title)

(Company Name)

, a (Entity type and state in which organized) 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.

Notary Public

My Commission Expires: