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 Certification of Lead-Based Paint Free Housing, dated May 14, 2001, a copy of which 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 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 2 contracts

Samples: Purchase and Sale Contract (Consolidated Capital Growth Fund), Purchase and Sale Contract (Consolidated Capital Growth Fund)

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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 Certification of Lead-Based Paint Free Housing, dated May 14, 2001, a copy of which 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 DisclosureStatement 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 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 2 contracts

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

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 Certification of Lead-Lead Based Paint Free Housing, Inspection Survey dated May 14August 16, 2001, a copy of which is attached hereto as Exhibit I “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 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 2 contracts

Samples: Purchase and Sale Contract (Consolidated Capital Institutional Properties 3), 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 Certification of Lead-Based Paint Free Housing, dated May 14November 22, 20012002, a copy of which 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 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 (Consolidated Capital Institutional Properties)

Consent Agreement. Testing (the “Testing”"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 Certification of LeadMULTIFAMILY COMPONENT TYPE REPORT dated November 24-Based Paint Free Housing29, dated May 14, 20012000, a copy of which is attached hereto as Exhibit I has been delivered to Buyer on January 8, 2005 (the “Report”"REPORT"). The Report certifies the Property as lead-lead based paint free. By execution hereof, Purchaser Buyer acknowledges receipt of a copy of the Report, the Lead-Based Paint Disclosure Statement attached hereto as Exhibit HC, and acknowledges receipt of that certain Consent Agreement (the “Consent Agreement”"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 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 Buyer acknowledges and agrees that (1) after Closing, the Purchaser Buyer and the Property shall be subject to the Consent Agreement and the provisions contained herein related thereto and (2) that Purchaser Buyer shall not be deemed to be a third party beneficiary to the Consent Agreement. The provisions of this Section 14.2 19(a) shall survive the termination of this ContractAgreement, and if not so terminated, the Closing and delivery of the Deed to PurchaserBuyer.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (National Housing Partnership Realty Fund Two)

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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 Certification of Lead-Based Paint Free Housing, certifications and reports dated May 14, 2001, a copy copies of which is are attached hereto as Exhibit I (both reports are referred to as 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 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 Certification of Lead-Based Paint Free Housing, that certain Multifamily Component Type Report dated May 14, 20012001 (" Multifamily Report"). Law Engineering and Environmental Services, a copy of which is attached hereto as Exhibit I Inc. certified on May 14, 2001 (the “Report”). The Report certifies " Certificate") the Property as lead-based paint free. A copy of the Certificate is attached hereto as Exhibit I. The Multifamily Report and the Certificate are hereinafter collectively referred to as the " Reports". By execution hereof, Purchaser acknowledges receipt of a copy copies of the ReportReports, the Lead-Lead Based Paint Disclosure Statement attached hereto as Exhibit HStatement, 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 Apartment Investment and Management Company (“AIMCO”) 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 axxxx 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 (Angeles Income Properties LTD Ii)

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 Certification of Lead-Land Based Paint Free Housing, Print Inspection Survey dated May 14, 2001, a copy of which 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 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 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 (Consolidated Capital Institutional Properties 2)

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