Common use of Waiver of Liens by Contractor Clause in Contracts

Waiver of Liens by Contractor. Each Contractor certifies that (i) such Contractor has signed this Agreement in the correct legal capacity and has the authority to sign this Agreement; (ii) there are no outstanding actual or potential liens (filed or unfiled) for Labor, Services or Materials for Improvements on the Property by anyone claiming by, through, or under such Contractor; (iii) such Contractor has not received any Notice of Claim of Lien upon Funds or Claim of Lien on Real Property from any other person or entity; and (iv) Contractor has no actual knowledge of an MLA having been appointed by the Owner. In addition, each Contractor certifies that, to the best of such Contractor’s knowledge and belief, (i) all parties known by such Contractor to have dealt or contracted with Owner for Improvements made within the 120-Day Lien Period or who such Contractor knows may be providing punch list or warranty work post-closing pursuant to Labor, Services or Materials previously furnished are identified herein (though such Contractor makes no representation regarding their waiver or payment unless claiming by through or under such Contractor) and (ii) such Contractor has no knowledge of any other type of claim outstanding by anyone claiming by, through, or under such Contractor which would entitle the holder thereof to claim a lien on or interest in the Property including retention of title agreements or security interests for any materials, appliances, fixtures or furnishings placed upon or installed on the Property. Each undersigned Contractor hereby waives and releases any lien, claim of lien or other interest whatsoever which such Contractor and anyone claiming by, through, or under such Contractor might have in the Property. Each Contractor further warrants that such Contractor has not assigned and will not assign such Contractor’s claim for payment or right to perfect a potential lien on the Property and that such Contractor has the right to execute this waiver.

Waiver of Liens by Contractor. Each Contractor certifies that (i) such Contractor has signed this Agreement in the correct legal capacity and has the authority to sign this Agreement; (ii) there are no outstanding actual or potential liens (filed or unfiled) for Labor, Services or Materials for Improvements on the Property by anyone claiming by, through, or under such Contractor; and (iii) such Contractor has not received any Notice of Claim of Lien upon Funds or Claim of Lien on Real Property from any other person or entity; and (iv) Contractor has no actual knowledge of an MLA having been appointed by the Owner. In addition, each Contractor certifies that, to the best of such Contractor’s knowledge and belief, (i) all parties known by such Contractor to have dealt or contracted with Owner for Improvements made within the 120-Day Lien Period or who such Contractor knows may be providing punch list or warranty work post-closing pursuant to Labor, Services or Materials previously furnished are identified herein (though such Contractor makes no representation regarding their waiver or payment unless claiming by through or under such Contractor) and (ii) such Contractor has no knowledge of any other type of claim outstanding by anyone claiming by, through, or under such Contractor which would entitle the holder thereof to claim a lien on or interest in the Property including retention of title agreements or security interests for any materials, appliances, fixtures or furnishings placed upon or installed on the Property. Each undersigned Contractor hereby waives and releases any lien, claim of lien or other interest whatsoever which such Contractor and anyone claiming by, through, or under such Contractor might have in the Property. Each Contractor further warrants that such Contractor has not assigned and will not assign such Contractor’s claim for payment or right to perfect a potential lien on the Property and that such Contractor has the right to execute this waiver.