Common use of Consent Agreement Clause in Contracts

Consent Agreement. Pre-1978-LBP, But No LBP Hazards . The provisions of this Section 15.4 apply to those Properties identified on the Seller Information Schedule as “Pre 1978, Lead-Based Paint Present, No Lead-Based Hazard.” Testing has been performed at the applicable Property with respect to lead-based paint. The “LBP Consultant” identified on the Seller Information Schedule prepared the Report with respect to the Property identified therein. A copy of the Report with respect to the Property will provided to Purchaser with the Materials. The Report certifies the applicable Property as free of (a) lead based hazards, (b) dust lead hazards and (c) soil lead hazards. By execution hereof, Purchaser acknowledges receipt of a copy of the Report, the Lead-Based Paint Disclosure Statement attached hereto as Exhibit H, and the Consent Agreement. Because the applicable Property has been certified as free of (x) lead based hazards, (y) dust lead hazards and (z) soil lead hazards, the applicable Seller is not required under the Consent Agreement to remediate or xxxxx any lead-based paint condition at such Property prior to the Closing. Purchaser acknowledges and agrees that (1) after Closing, the Purchaser and the applicable Property shall be subject to the Consent Agreement and the provisions contained herein related thereto and (2) Purchaser shall not be deemed to be a third party beneficiary to the Consent Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

Consent Agreement. Pre-1978-LBP, But No LBP Hazards . The provisions of this Section 15.4 apply to those Properties identified on Testing (the Seller Information Schedule as “Pre 1978, Lead-Based Paint Present, No Lead-Based Hazard.” Testing Testing”) has been performed at the applicable Real Property with respect to lead-based paint. The “LBP Consultant” identified on Xxxxxx Xx LawGibb performed the Seller Information Schedule prepared Testing and reported its findings in the Lead-Base Paint Risk Assessment Report with respect to the Property identified therein. A of Xxxxxxx Homes dated October 3, 2002, a copy of the Report with respect to the Property will which is attached hereto as, or has been provided to Purchaser with Buyer and is referenced on, Exhibit C (the Materials“Report”). The Seller asserts that the Report certifies the applicable Real Property as free of (a) lead based hazards, (b) dust lead hazards and (c) soil lead hazards. By execution hereof, Purchaser Buyer acknowledges receipt of a copy of the Report, the Lead-Based Paint Disclosure Statement attached hereto as Exhibit HB, and acknowledges receipt of that certain Consent Agreement (the “Consent Agreement”) by and among the United States Environmental Protection Agency (executed December 19, 2001), the United States Department of Housing and Urban Development (executed January 2, 2002), and AIMCO (executed December 18, 2001). Because Seller asserts that because the applicable Real Property has been certified as free of (x) lead based hazards, (y) dust lead hazards and (z) soil lead hazards, the applicable Seller is not required under the Consent Agreement to remediate or xxxxx any lead-based paint condition at such the Real Property prior to the Closing. Purchaser acknowledges and agrees Seller has notified Buyer that (1) after following Closing, the Purchaser Real Property and the applicable Property shall its owner may continue to be subject to the Consent Agreement and the provisions contained herein related thereto and (2) Purchaser shall that Buyer will not be deemed to be a third party beneficiary to the Consent Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]The provisions of this Special Clause 2 shall survive the termination of this Contract, and if not so terminated, the Closing and delivery of the special warranty deed to Buyer.

Consent Agreement. Pre-1978-LBP, But No LBP Hazards Hazards. The provisions of this Section 15.4 apply to those Properties identified on the Seller Information Schedule as “Pre 1978, Lead-Based Paint Present, No Lead-Based Hazard.” Testing has been performed at the applicable Property with respect to lead-based paint. The “LBP Consultant” identified on the Seller Information Schedule prepared the Report with respect to the Property identified therein. A copy of the Report with respect to the Property will provided to Purchaser with the Materials. The Report certifies the applicable Property as free of (a) lead based hazards, (b) dust lead hazards and (c) soil lead hazards. By execution hereof, Purchaser acknowledges receipt of a copy of the Report, the Lead-Based Paint Disclosure Statement attached hereto as Exhibit H, and the Consent Agreement. Because the applicable Property has been certified as free of (x) lead based hazards, (y) dust lead hazards and (z) soil lead hazards, the applicable Seller is not required under the Consent Agreement to remediate or xxxxx abate any lead-based paint condition at such Property prior to the Closing. Purchaser acknowledges and agrees that (1) after Closing, the Purchaser Puxxxxxer and the applicable Property shall be subject to the Consent Agreement and the provisions contained herein related thereto and (2) Purchaser shall not be deemed to be a third party beneficiary to the Consent Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK].