Common use of Radon Gas Disclosure and Release Clause in Contracts

Radon Gas Disclosure and Release. Seller hereby notifies the Buyer, and Xxxxx acknowledges, that the Colorado Department of Health and the United States Environmental Protection Agency (the EPA) have detected elevated levels of naturally occurring radon gas in certain residential structures throughout Colorado. The EPA has voiced concerns about the possible adverse effects on human health from long-term exposure to high levels of radon gas. The Buyer is hereby advised that Seller is not qualified, and has not undertaken, to evaluate this very complex and constantly changing issue. Seller is under no obligation to control, limit, mitigate radon gas levels in the Residence, or to achieve any Radon gas level in the construction thereof. Seller makes no representation or warranty, express or implied, concerning the presence or absence of radon in the soils beneath, within or adjacent to the Residence prior to, on, or after the Date of Closing. Seller recommends that the Buyer, at Xxxxx’s sole expense, conduct an investigation and consult with such experts as the Buyer deems appropriate, in order to determine the level of radon gas in the Residence. Nothing in such investigation shall relieve Buyer of any obligations hereunder, and Xxxxx agrees that Xxxxx’s recourse is to install any desired Radon mitigation at Buyer’s expense after Closing. Xxxxx acknowledges receipt of a copy of the EPA’s pamphlet titled “A Citizen’s Guide to Radon”. Buyer assumes all risks related to Radon and releases Seller from any and all liability with respect to Radon gas and the matters discussed in this Section. Mold Disclosure and Release. Mold is a naturally occurring fungus that can develop in or around residential structures. Mold may cause adverse health consequences and some persons are allergic to molds. Mold can develop naturally even in normal conditions in properly constructed residences. Seller cannot prevent or control the conditions that may result in mold, and mold may develop or be present in the Residence at or after Closing. The Buyer is advised that Seller does not, in this Contract, in Seller’s Warranty, or otherwise, warrant against the development or presence of mold or otherwise undertake to preclude the development or presence of mold. Buyer is advised to inspect the Residence prior to closing and on a regular basis after closing, in particular, in areas where moisture may be present and ventilation is limited, including basements, crawl spaces, utility rooms and other similar areas. Buyer assumes all risks related to mold and any damage or loss resulting there from and releases Seller from any and all liability with respect to mold in the Residence, or the consequences thereof.

Appears in 6 contracts

Samples: Purchase and Sales Contract, Purchase and Sales Contract, Purchase and Sales Contract

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Radon Gas Disclosure and Release. Seller hereby notifies the Buyer, and Xxxxx acknowledges, that the Colorado Department of Health and the United States Environmental Protection Agency (the EPA) have detected elevated levels of naturally occurring radon gas in certain residential structures throughout Colorado. The EPA has voiced concerns about the possible adverse effects on human health from long-term exposure to high levels of radon gas. The Buyer Xxxxx is hereby advised that Seller is not qualified, and has not undertaken, to evaluate this very complex and constantly changing issue. Seller is under no obligation to control, limit, mitigate radon gas levels in the ResidenceUnit, or to achieve any Radon radon gas level in the construction thereof. Seller makes no representation or warranty, express or implied, concerning the presence or absence of radon in the soils beneath, within or adjacent to the Residence Unit prior to, on, or after the Date of Closing. Seller recommends that the Buyer, at Xxxxx’s sole expense, conduct an investigation and consult with such experts as the Buyer deems appropriate, in order to determine the level of radon gas in the ResidenceUnit. Nothing in such investigation shall relieve Buyer of any obligations hereunder, and Xxxxx agrees that Xxxxx’s recourse is to install any desired Radon radon mitigation at Buyer’s expense after Closing. As of the Closing, Xxxxx acknowledges receipt of a copy of the EPA’s pamphlet titled “A Citizen’s Guide to Radon”. Buyer assumes all risks related to Radon radon and releases Seller from any and all liability with respect to Radon radon gas and the matters discussed in this Section. Mold Disclosure and Release. Mold is a naturally occurring fungus that can develop in or around residential structures. Mold may cause adverse health consequences and some persons are allergic to molds. Mold can develop naturally even in normal conditions in properly constructed residences. Seller cannot prevent or control the conditions that may result in mold, and mold may develop or be present in the Residence at or after Closing. The Buyer is advised that Seller does not, in this Contract, in Seller’s Warranty, or otherwise, warrant against the development or presence of mold or otherwise undertake to preclude the development or presence of mold. Buyer is advised to inspect the Residence prior to closing and on a regular basis after closing, in particular, in areas where moisture may be present and ventilation is limited, including basements, crawl spaces, utility rooms and other similar areas. Buyer assumes all risks related to mold and any damage or loss resulting there from and releases Seller from any and all liability with respect to mold in the Residence, or the consequences thereofSection 9.1.

Appears in 3 contracts

Samples: Buy and Sell, Buy and Sell, Buy and Sell

Radon Gas Disclosure and Release. Seller hereby notifies the Buyer, and Xxxxx Buyer acknowledges, that the Colorado Department of Health and the United States Environmental Protection Agency (the EPA) have detected elevated levels of naturally occurring radon gas in certain residential structures throughout Colorado. The EPA has voiced concerns about the possible adverse effects on human health from long-term exposure to high levels of radon gas. The Buyer is hereby advised that Seller is not qualified, and has not undertaken, to evaluate this very complex and constantly changing issue. Seller is under no obligation to control, limit, mitigate radon gas levels in the Residence, or to achieve any Radon gas level in the construction thereof. Seller makes no representation or warranty, express or implied, concerning the presence or absence of radon in the soils beneath, within or adjacent to the Residence prior to, on, or after the Date of Closing. Seller recommends that the Buyer, at XxxxxBuyer’s sole expense, conduct an investigation and consult with such experts as the Buyer deems appropriate, in order to determine the level of radon gas in the Residence. Nothing in such investigation shall relieve Buyer of any obligations hereunder, and Xxxxx Buyer agrees that XxxxxBuyer’s recourse is to install any desired Radon mitigation at Buyer’s expense after Closing. Xxxxx Buyer acknowledges receipt of a copy of the EPA’s pamphlet titled “A Citizen’s Guide to Radon”. Buyer assumes all risks related to Radon and releases Seller from any and all liability with respect to Radon gas and the matters discussed in this Section. Mold Disclosure and Release. Mold is a naturally occurring fungus that can develop in or around residential structures. Mold may cause adverse health consequences and some persons are allergic to molds. Mold can develop naturally even in normal conditions in properly constructed residences. Seller cannot prevent or control the conditions that may result in mold, and mold may develop or be present in the Residence at or after Closing. The Buyer is advised that Seller does not, in this Contract, in Seller’s Warranty, or otherwise, warrant against the development or presence of mold or otherwise undertake to preclude the development or presence of mold. Buyer is advised to inspect the Residence prior to closing and on a regular basis after closing, in particular, in areas where moisture may be present and ventilation is limited, including basements, crawl spaces, utility rooms and other similar areas. Buyer assumes all risks related to mold and any damage or loss resulting there from and releases Seller from any and all liability with respect to mold in the Residence, or the consequences thereof.

Appears in 2 contracts

Samples: Purchase and Sales Contract, Purchase and Sales Contract

Radon Gas Disclosure and Release. Seller hereby notifies the Buyer, and Xxxxx Buyer acknowledges, that the Colorado Department of Health and the United States Environmental Protection Agency (the EPA) have detected elevated levels of naturally occurring radon gas in certain residential structures throughout Colorado. The EPA has voiced concerns about the possible adverse effects on human health from long-term exposure to high levels of radon gas. The Buyer is hereby advised that Seller is not qualified, and has not undertaken, to evaluate this very complex and constantly changing issue. Seller is under no obligation to control, limit, mitigate radon gas levels in the ResidenceUnit, or to achieve any Radon radon gas level in the construction thereof. Seller makes no representation or warranty, express or implied, concerning the presence or absence of radon in the soils beneath, within or adjacent to the Residence Unit prior to, on, or after the Date of Closing. Seller recommends that the Buyer, at XxxxxBuyer’s sole expense, conduct an investigation and consult with such experts as the Buyer deems appropriate, in order to determine the level of radon gas in the ResidenceUnit. Nothing in such investigation shall relieve Buyer of any obligations hereunder, and Xxxxx Buyer agrees that XxxxxBuyer’s recourse is to install any desired Radon radon mitigation at Buyer’s expense after Closing. Xxxxx As of the Closing, Buyer acknowledges receipt of a copy of the EPA’s pamphlet titled “A Citizen’s Guide to Radon”. Buyer assumes all risks related to Radon radon and releases Seller from any and all liability with respect to Radon radon gas and the matters discussed in this SectionSection 9.1. Mold Disclosure and Release. Mold is a naturally occurring fungus that can develop in or around residential structures. Mold may cause adverse health consequences and some persons are allergic to molds. Mold can develop naturally even in normal conditions in properly constructed residences. Seller cannot prevent or control the conditions that may result in mold, and mold may develop or be present in the Residence Unit at or after Closing. The Buyer is advised that Seller does not, in this Contract, in Seller’s Warranty, or otherwise, warrant against the development or presence of mold or otherwise undertake to preclude the development or presence of mold. Buyer is advised to inspect the Residence Unit prior to closing Closing and on a regular basis after closingClosing, in particular, in areas where moisture may be present and ventilation is limited, including basements, crawl spaces, utility rooms and other similar areas. Buyer assumes all risks related to mold and any damage or loss resulting there from therefrom and releases Seller from any and all liability with respect to mold in the ResidenceUnit, or the consequences thereof. Person to person, there are no federal or Colorado state standards concerning acceptable levels of exposure to mold or fungi. In addition, materials within the Unit – including paints, carpets, plastics, tiles, glues and other materials – may release aerosol chemicals into the indoor air environment. Buyer agrees to make its own independent evaluation or decide in consultation with other experts whether to further investigate the issue of molds, fungi or other indoor environmental contaminants as they may affect the Unit. BUYER ACKNOWLEDGES THAT SELLER HAS MADE NO REPRESENTATIONS OR WARRANTIES EXPRESS OR IMPLIED, CONCERNING THE PRESENCE, ABSENCE OR LEVEL OF MOLD, FUNGI OR OTHER INDOOR ENVIRONMENTAL CONTAMINANTS WITHIN THE UNIT PRIOR TO, ON OR AFTER CLOSING. BUYER FOR ITSELF, ITS SUCCESSORS AND ASSIGNS, HEREBY RELEASES SELLER FROM ANY AND ALL LIABILITY AND CLAIMS WITH RESPECT TO MOLDS, FUNGI OR OTHER INDOOR ENVIRONMENTAL CONTAMINANTS. THE PROVISIONS OF THIS SECTION SHALL SURVIVE CLOSING. Electromagnetic Fields Disclosure and Release. All power lines and electrical appliances that draw electric current have electromagnetic fields (“EMF”) around them. The Unit may be located near power lines that generate EMF. Seller has no expertise or information about the detection or effects of EMF and does not monitor research efforts regarding EMF. Buyer agrees to make its own independent evaluation or decide in consultation with other experts whether to further investigate the issue of EMF as it may affect the Unit. BUYER ACKNOWLEDGES THAT SELLER HAS MADE NO REPRESENTATIONS OR WARRANTIES EXPRESS OR IMPLIED, CONCERNING THE PRESENCE, ABSENCE OR LEVEL OF EMF WITHIN THE UNIT PRIOR TO, ON OR AFTER CLOSING. BUYER FOR ITSELF, ITS SUCCESSORS AND ASSIGNS, HEREBY RELEASES SELLER FROM ANY AND ALL LIABILITY AND CLAIMS WITH RESPECT TO EMF WITHIN THE UNIT. THE PROVISIONS OF THIS SECTION SHALL SURVIVE CLOSING.

Appears in 1 contract

Samples: Buy and Sell

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Radon Gas Disclosure and Release. Seller hereby notifies the Buyer, and Xxxxx Buyer acknowledges, that the Colorado Department of Health and the United States Environmental Protection Agency (the EPA) have detected elevated levels of naturally occurring radon gas in certain residential structures throughout Colorado. The EPA has voiced concerns about the possible adverse effects on human health from long-term exposure to high levels of radon gas. The Buyer is hereby advised that Seller is not qualified, and has not undertaken, to evaluate this very complex and constantly changing issue. Seller is under no obligation to control, limit, mitigate radon gas levels in the Residence, or to achieve any Radon gas level in the construction thereof. Seller makes no representation or warranty, express or implied, concerning the presence or absence of radon in the soils beneath, within or adjacent to the Residence prior to, on, or after the Date of Closing. Seller recommends that the Buyer, at XxxxxBuyer’s sole expense, conduct an investigation and consult with such experts as the Buyer deems appropriate, in order to determine the level of radon gas in the Residence. Nothing in such investigation shall relieve Buyer of any obligations hereunder, and Xxxxx Buyer agrees that XxxxxBuyer’s recourse is to install any desired Radon mitigation at Buyer’s expense after Closing. Xxxxx Buyer acknowledges receipt of a copy of the EPA’s pamphlet titled “A Citizen’s Guide to Radon”. Buyer assumes all risks related to Radon and releases Seller from any and all liability with respect to Radon gas and the matters discussed in this Sectionparagraph. Mold Disclosure and Release. Mold is a naturally occurring fungus that can develop in or around residential structures. Mold may cause adverse health consequences and some persons are allergic to molds. Mold can develop naturally even in normal conditions in properly constructed residences. Seller cannot prevent or control the conditions that may result in mold, and mold may develop or be present in the Residence at or after Closing. The Buyer is advised that Seller does not, in this Contract, in Seller’s Warranty, or otherwise, warrant against the development or presence of mold or otherwise undertake to preclude the development or presence of mold. Buyer is advised to inspect the Residence prior to closing and on a regular basis after closing, in particular, in areas where moisture may be present and ventilation is limited, including basements, crawl spaces, utility rooms and other similar areas. Buyer assumes all risks related to mold and any damage or loss resulting there from and releases Seller from any and all liability with respect to mold in the Residence, or the consequences thereof.

Appears in 1 contract

Samples: Purchase and Sales Contract

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