Common use of Consent Agreement Clause in Contracts

Consent Agreement. Testing (the “Testing”) has been performed at the Property with respect to lead-based paint. Law Engineering and Environmental Services, Inc. performed the Testing and reported its findings in the Multifamily: Component Type Report dated November 11, 2002, a copy of which has been provided to Purchaser (the “Report”). The Report certifies the Property as lead-based paint free. By execution hereof, Purchaser acknowledges receipt of a copy of the Report, the Lead-Based Paint Disclosure Statement attached hereto as Exhibit H, 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 the Property has been certified as lead-based paint free, Seller is not required under the Consent Agreement to remediate or xxxxx any lead-based paint condition at the Property prior to the Closing. Purchaser acknowledges and agrees that (1) after Closing, Purchaser and the Property shall be subject to the Consent Agreement and the provisions contained herein related thereto and (2) that Purchaser shall not be deemed to be a third party beneficiary to the Consent Agreement.

Appears in 3 contracts

Samples: Purchase and Sale Contract (Consolidated Capital Properties Iv), Purchase and Sale Contract (Consolidated Capital Properties Iv), Purchase and Sale Contract (Consolidated Capital Properties Iv)

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Consent Agreement. Testing (the "Testing") has been performed at the Property with respect to lead-based paint. Law Engineering and Environmental Services, Inc. performed the Testing and reported its findings in the Multifamily: Multifamily Component Type Report and Certification dated November 11May 14, 20022001, a copy of which has been provided to Purchaser is attached hereto as Exhibit I (the "Report"). The Report certifies the Property as lead-based paint free. By execution hereof, Purchaser acknowledges receipt of a copy of the Report, the Lead-Based Paint Disclosure Statement attached hereto as Exhibit H, 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 the Property has been certified as lead-based paint free, Seller is not required under the Consent Agreement to remediate or xxxxx any lead-based paint condition at the Property prior to the Closing. Purchaser acknowledges and agrees that (1) after Closing, the Purchaser and the Property shall be subject to the Consent Agreement and the provisions contained herein related thereto thereto, all to the extent relating to the Property, and (2) that Purchaser shall not be deemed to be a third party beneficiary to the Consent Agreement. Notwithstanding that Purchaser is accepting the Property subject to the Consent Agreement, Purchaser shall have no liability to Seller, AIMCO or any of their respective affiliates for any of the matters set forth in or relating to the Consent Agreement.

Appears in 1 contract

Samples: Purchase and Sale Contract (Consolidated Capital Institutional Properties)

Consent Agreement. Testing (the "Testing") has been performed at the Property with respect to lead-based paint. Law Engineering and Environmental Services, Inc. Inc., performed the Testing and reported its findings in the Multifamily: Component Type Report dated November 11May 14, 20022001, a copy of which has been provided to Purchaser (the "Report"). The Report certifies the Property as lead-based paint free. By execution hereof, Purchaser acknowledges receipt of a copy of the Report, the Lead-Based Paint Disclosure Statement attached hereto as Exhibit H, 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 the Property has been certified as lead-based paint free, Seller is not required under the Consent Agreement to remediate or xxxxx any lead-based paint condition at the Property prior to the Closing. Purchaser acknowledges and agrees that (1) after Closing, Purchaser and the Property shall be subject to the Consent Agreement and the provisions contained herein related thereto and (2) that Purchaser shall not be deemed to be a third party beneficiary to the Consent Agreement.

Appears in 1 contract

Samples: Purchase and Sale Contract (Century Properties Fund Xvii)

Consent Agreement. Testing (the "Testing") has been performed at the Property with respect to lead-based paint. Law Engineering and Environmental Services, Inc. performed the Testing and reported its findings in the Multifamily: Component Type Report Certification dated November 11May 14, 20022001, a copy of which has been provided to Purchaser is attached hereto as Exhibit I (the "Report"). The Report certifies the Property as lead-based paint free. By execution hereof, Purchaser acknowledges receipt of a copy of the Report, the Lead-Based Paint Disclosure Statement attached hereto as Exhibit H, 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 Apartment Investment and Management Company ("AIMCO") (executed December 18, 2001). Because the Property has been certified as lead-based paint free, Seller is not required under the Consent Agreement to remediate or xxxxx any lead-based paint condition at the Property prior to the Closing. Purchaser acknowledges and agrees that (1) after Closing, the Purchaser and the Property shall be subject to the Consent Agreement and the provisions contained herein related thereto and (2) that Purchaser shall not be deemed to be a third party beneficiary to the Consent Agreement. The provisions of this Section 14.2 shall survive the termination of this Contract, and if not so terminated, the Closing and delivery of the Deed to Purchaser.

Appears in 1 contract

Samples: Purchase and Sale Contract (VMS National Properties Joint Venture)

Consent Agreement. Testing (the "Testing") has been performed at the Property with respect to lead-based paint. Law Engineering and Environmental Services, Inc. performed the Testing and reported its findings in the Multifamily: Component Type Report Lead-Based Paint Free Certificate dated November 11August 16, 20022001, a copy of which has been provided to Purchaser (the "Report"). The Report certifies the Property as lead-based paint free. By execution hereof, Purchaser acknowledges receipt of a copy of the Report, the Lead-Based Paint Disclosure Statement attached hereto as Exhibit H, 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 the Property has been certified as lead-lead based paint free, Seller is not required under the Consent Agreement to remediate or xxxxx any lead-based paint condition at the Property prior to the Closing. Purchaser acknowledges and agrees that (1) after Closing, Purchaser and the Property shall be subject to the Consent Agreement and the provisions contained herein related thereto and (2) that Purchaser shall not be deemed to be a third party beneficiary to the Consent Agreement.

Appears in 1 contract

Samples: Purchase and Sale Contract (Oxford Residential Properties I LTD Partnership)

Consent Agreement. Testing (the Testing”) has been performed at the Property with respect to lead-based paint. Law Engineering and Environmental Services, Inc. TRC performed the Testing and reported its findings in the Multifamily: Component Type Lead-Based Paint Free Report dated November 1120, 20022008, a copy of which has been provided to Purchaser (the Report”). The Report certifies the Property as lead-based paint free. By execution hereof, Purchaser acknowledges receipt of a copy of the Report, the Lead-Based Paint Disclosure Statement attached hereto as Exhibit H, 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 the Property has been certified as lead-lead based paint free, Seller is not required under the Consent Agreement to remediate or xxxxx any lead-based paint condition at the Property prior to the Closing. Purchaser acknowledges and agrees that (1) after Closing, Purchaser and the Property shall be subject to the Consent Agreement and the provisions contained herein related thereto and (2) that Purchaser shall not be deemed to be a third party beneficiary to the Consent Agreement. The provisions of this Section 14.2 shall survive the Closing and delivery of the Deed to Purchaser.

Appears in 1 contract

Samples: Purchase and Sale Contract (Consolidated Capital Institutional Properties 3)

Consent Agreement. Testing (the “Testing”) has been performed at the Property with respect to lead-based paint. Law Engineering and Environmental Services, Inc. performed the Testing and reported its findings in the Multifamily: Component Type Report Lead Based Paint Inspection Survey dated November 11May 14, 20022001, a copy of which has been provided to Purchaser (the “Report”). The Report certifies the Property as lead-based paint free. By execution hereof, Purchaser acknowledges receipt of a copy of the Report, the Lead-Based Paint Disclosure Statement attached hereto as Exhibit H, 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 the Property has been certified as lead-lead based paint free, Seller is not required under the Consent Agreement to remediate or xxxxx any lead-based paint condition at the Property prior to the Closing. Purchaser acknowledges and agrees that (1) after Closing, Purchaser and the Property shall be subject to the Consent Agreement and the provisions contained herein related thereto and (2) that Purchaser shall not be deemed to be a third party beneficiary to the Consent Agreement.

Appears in 1 contract

Samples: Purchase and Sale Contract (HCW Pension Real Estate Fund LTD Partnership)

Consent Agreement. Testing (the "Testing") has been performed at the Property with respect to lead-based paint. Law Engineering and Environmental Services, Inc. performed the Testing and reported its findings in the Multifamily: Component Type Report Certificate dated November 11May 14, 20022001, a copy of which has been provided to Purchaser is attached hereto as Exhibit I (the "Report"). The Report certifies the Property as lead-based paint free. By execution hereof, Purchaser acknowledges receipt of a copy of the Report, the Lead-Based Paint Disclosure Statement attached hereto as Exhibit H, 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 Apartment Investment and Management Company ("AIMCO") (executed December 18, 2001). Because the Property has been certified as lead-lead based paint free, Seller is not required under the Consent Agreement to remediate or xxxxx any lead-based paint condition at the Property prior to the Closing. Purchaser acknowledges and agrees that (1) after Closing, the Purchaser and the Property shall be subject to the Consent Agreement and the provisions contained herein therein related thereto and (2) that Purchaser shall not be deemed to be a third party beneficiary to the Consent Agreement. The provisions of this Section 14.2 shall survive the termination of this Contract, and if not so terminated, the Closing and delivery of the Deed to Purchaser.

Appears in 1 contract

Samples: Purchase and Sale Contract (VMS National Properties Joint Venture)

Consent Agreement. Testing (the "Testing") has been performed at the Property with respect to lead-based paint. Law Engineering and Environmental Services, Inc. performed the Testing and reported its findings in the Multifamily: Component Type Report Lead-Based Paint Free Certificate dated November 11August 16, 20022001, a copy of which has been provided to Purchaser (the "Report"). The Report certifies the Property as lead-based paint free. By execution hereof, Purchaser acknowledges receipt of a copy of the Report, the Lead-Based Paint Disclosure Statement attached hereto as Exhibit H, 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 the Property has been certified as lead-lead based paint free, Seller is not required under the Consent Agreement to remediate or xxxxx any lead-based paint condition at the Property prior to the Closing. Purchaser acknowledges and agrees that (1) after Closing, Purchaser and the Property shall be subject to the Consent Agreement and the provisions contained herein related thereto and (2) that Purchaser shall not be deemed to be a third party beneficiary to the Consent Agreement.. [Remainder of Page Intentionally Left Blank]

Appears in 1 contract

Samples: Purchase and Sale Contract

Consent Agreement. Testing (the "Testing") has been performed at the Property with respect to lead-based paint. Law Engineering and Environmental Services, Inc. performed the Testing and reported its findings in the Multifamily: Multifamily Component Type Report dated November 11May 14, 20022001, a copy of which has been provided to Purchaser (the "Report"). The Report certifies the Property as lead-based paint free. By execution hereof, Purchaser acknowledges receipt of a copy of the Report, Report and the Lead-Based Paint Disclosure Statement attached hereto as Exhibit H, 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 the Property has been certified as lead-lead based paint free, Seller is not required under the Consent Agreement to remediate or xxxxx any lead-based paint condition at the Property prior to the Closing. Purchaser acknowledges and agrees that (1) after Closing, Purchaser and the Property shall be subject to the Consent Agreement and the provisions contained herein related thereto and (2) that Purchaser shall not be deemed to be a third party beneficiary to the Consent Agreement.

Appears in 1 contract

Samples: Purchase and Sale Contract (Consolidated Capital Institutional Properties 3)

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Consent Agreement. Testing (the "Testing") has been performed at the Property with respect to lead-based paint. Law Engineering and Environmental Services, Inc. performed the Testing and reported its findings in the Multifamily: Component Type Report dated November 11a report with a certification date of May 14, 20022001, a copy of which has been provided to Purchaser is attached hereto as Exhibit I (the "Report"). The Report certifies the Property as lead-based paint free. By execution hereof, Purchaser acknowledges receipt of a copy of the Report, the Lead-Based Paint Disclosure Statement attached hereto as Exhibit H, 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 the Property has been certified as lead-lead based paint free, Seller is not required under the Consent Agreement to remediate or xxxxx any lead-based paint condition at the Property prior to the Closing. Purchaser acknowledges and agrees that (1) after Closing, the Purchaser and the Property shall be subject to the Consent Agreement and the provisions contained herein related thereto and (2) that Purchaser shall not be deemed to be a third party beneficiary to the Consent Agreement.. [Remainder of Page Intentionally Left Blank]

Appears in 1 contract

Samples: Purchase and Sale Contract

Consent Agreement. Testing (the "Testing") has been performed at the Property with respect to lead-based paint. Law Engineering and Environmental Services, Inc. performed the Testing and reported its findings in the Multifamily: Component Type Report Lead Based Paint Inspection Survey dated November 11May 14, 20022001, a copy of which has been provided to Purchaser (the "Report"). The Report certifies the Property as lead-based paint free. By execution hereof, Purchaser acknowledges receipt of a copy of the Report, the Lead-Based Paint Disclosure Statement attached hereto as Exhibit H, 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 the Property has been certified as lead-lead based paint free, Seller is not required under the Consent Agreement to remediate or xxxxx any lead-based paint condition at the Property prior to the Closing. Purchaser acknowledges and agrees that (1) after Closing, Purchaser and the Property shall be subject to the Consent Agreement and the provisions contained herein related thereto and (2) that Purchaser shall not be deemed to be a third party beneficiary to the Consent Agreement.

Appears in 1 contract

Samples: Purchase and Sale Contract (HCW Pension Real Estate Fund LTD Partnership)

Consent Agreement. Testing (the "Testing") has been performed at the Property with respect to lead-based paint. Law Engineering and Environmental Services, Inc. performed the Testing and reported its findings in the Multifamily: Component Type Report dated November 11a report with a certification date of May 14, 20022001, a copy of which has been provided to Purchaser is attached hereto as Exhibit I (the "Report"). The Report certifies the Property as lead-based paint free. By execution hereof, Purchaser acknowledges receipt of a copy of the Report, the Lead-Based Paint Disclosure Statement attached hereto as Exhibit H, 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 the Property has been certified as lead-lead based paint free, Seller is not required under the Consent Agreement to remediate or xxxxx any lead-based paint condition at the Property prior to the Closing. Purchaser acknowledges and agrees that (1) after Closing, the Purchaser and the Property shall be subject to the Consent Agreement and the provisions contained herein related thereto and (2) that Purchaser shall not be deemed to be a third party beneficiary to the Consent Agreement.

Appears in 1 contract

Samples: Purchase and Sale Contract (Consolidated Capital Institutional Properties)

Consent Agreement. Testing (the "Testing") has been performed at the Property with respect to lead-based paint. Law Engineering and Environmental Services, Inc. TRC performed the Testing and reported its findings in the Multifamily: Component Type Report report dated November 11December 7, 20022007, a copy of which has been provided to Purchaser is attached hereto as Exhibit I (the "Report"). The Report certifies the Property as lead-based paint free. By execution hereof, Purchaser acknowledges receipt of a copy of the Report, the Lead-Based Paint Disclosure Statement attached hereto as Exhibit H, 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 the Property has been certified as lead-lead based paint free, Seller is not required under the Consent Agreement to remediate or xxxxx any lead-based paint condition at the Property prior to the Closing. Purchaser acknowledges and agrees that (1) after Closing, Purchaser and the Property shall be subject to the Consent Agreement and the provisions contained herein related thereto and (2) that Purchaser shall not be deemed to be a third party beneficiary to the Consent Agreement.

Appears in 1 contract

Samples: Purchase and Sale Contract (Consolidated Capital Institutional Properties)

Consent Agreement. Testing (the "Testing") has been performed at the Property with respect to lead-based paint. Law Engineering and Environmental Services, Inc. performed the Testing and reported its findings in the Multifamily: Component Type Report dated November 11a report with a certification date of May 14, 20022001, a copy of which has been previously provided to the Purchaser (the "Report"). The Report certifies the Property as lead-based paint free. By execution hereof, Purchaser acknowledges receipt of a copy of the Report, the Lead-Based Paint Disclosure Statement attached hereto as Exhibit H, 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 the Property has been certified as lead-lead based paint free, Seller is not required under the Consent Agreement to remediate or xxxxx any lead-based paint condition at the Property prior to the Closing. Purchaser acknowledges and agrees that (1) after Closing, the Purchaser and the Property shall be subject to the Consent Agreement and the provisions contained herein related thereto and (2) that Purchaser shall not be deemed to be a third party beneficiary to the Consent Agreement.

Appears in 1 contract

Samples: Purchase and Sale Contract (Consolidated Capital Institutional Properties)

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