North Carolina Sample Environmental Indemnity Agreement - Detailed

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US-0745-WG
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This is a sample form in which the Indemnitor hereby unconditionally and irrevocably indemnifies and agrees to reimburse, defend, exonerate, pay and hold harmless Lender and its directors, officers, policyholders, shareholders, employees, successors, assigns, agents, contractors, subcontractors, experts, licensees, affiliates, lessees, mortgagees, trustees and invitees, from and against any and all Environmental Damages arising from the presence of Hazardous Materials in, upon, about or beneath the Secured Property or migrating to or from the Secured Property, or arising in any manner whatsoever out of the violation of any Environmental Requirements pertaining to the Secured Property and the activities thereon, or the breach of any warranty or covenant or the inaccuracy of any representation of Indemnitor contained in the Loan Documents pertaining to Hazardous Materials or other environmental matters.

North Carolina Sample Environmental Indemnity Agreement — Detailed: A North Carolina sample environmental indemnity agreement is a legally binding document designed to protect parties involved in real estate transactions from potential environmental liabilities. This agreement is vital in cases where environmental contamination or hazardous materials might be present on a property. It outlines the responsibilities and liabilities of the parties involved and aims to mitigate risks associated with environmental issues. There are several types of North Carolina sample environmental indemnity agreements, each tailored to suit specific situations. These may include: 1. Property Sale or Purchase Agreement: This agreement is commonly used in real estate transactions, outlining the indemnification terms and conditions between the buyer and seller. It highlights the responsibilities of both parties regarding environmental liabilities associated with the property being sold. 2. Mortgage or Financing Agreement: In cases where a property is being financed by a lender, this agreement outlines the terms and conditions surrounding the borrower's responsibility for any potential environmental liabilities. It protects the lender from potential losses arising from environmental contamination. 3. Lease Agreement: This type of agreement is relevant when leasing a property. It outlines the responsibilities of the landlord and tenant in relation to environmental issues that may arise during the lease period. The tenant may be held liable for any contamination caused during their occupancy. 4. Contractor Agreement: When hiring a contractor for construction, renovation, or remediation work, this agreement protects both the property owner and the contractor from any potential environmental liabilities that may arise during the project. It ensures that the contractor is responsible for any issues caused by their activities. The North Carolina sample environmental indemnity agreement is comprehensive and typically includes the following key provisions: 1. Definitions: Clearly defines terms related to environmental matters, such as hazardous substances, releases, and indemnity. 2. Indemnification: Outlines the indemnification obligations of the parties involved. This may include provisions for defense costs, damages, and fines resulting from environmental contamination. 3. Representations and Warranties: Specifies the representations made by each party regarding the environmental condition of the property. This is crucial for identifying potential environmental risks. 4. Insurance Requirements: States the minimum insurance coverage required by the parties to protect against environmental liabilities. 5. Environmental Assessments: Addresses the requirement for environmental assessments, such as Phase I and Phase II Environmental Site Assessments, before the transaction or project commences. 6. Notice Requirements: Establishes the procedures for providing notice of any environmental incidents or liabilities discovered during or after the transaction. 7. Governing Law: Determines that the agreement shall be governed by the laws of the state of North Carolina. In summary, a North Carolina sample environmental indemnity agreement is a comprehensive legal document that protects parties from potential environmental liabilities associated with real estate transactions. It provides guidelines on risk allocation, indemnification obligations, and environmental assessments, crucial in ensuring the protection of all parties involved.

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  • Preview Sample Environmental Indemnity Agreement - Detailed
  • Preview Sample Environmental Indemnity Agreement - Detailed
  • Preview Sample Environmental Indemnity Agreement - Detailed
  • Preview Sample Environmental Indemnity Agreement - Detailed
  • Preview Sample Environmental Indemnity Agreement - Detailed
  • Preview Sample Environmental Indemnity Agreement - Detailed
  • Preview Sample Environmental Indemnity Agreement - Detailed
  • Preview Sample Environmental Indemnity Agreement - Detailed
  • Preview Sample Environmental Indemnity Agreement - Detailed
  • Preview Sample Environmental Indemnity Agreement - Detailed

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FAQ

An environmental indemnity mitigates a lender's exposure for environmental risks that are associated with real property ownership by indemnifying the lender against all losses associated with environmental compliance, monitoring, and remediations (see Drafting Note, Losses).

A common example of indemnification happens with reagrd to insurance transactions. This often happens when an insurance company, as part of an individual's insurance policy, agrees to indemnify the insured person for losses that the insured person incurred as the result of accident or property damage.

$20/Month. The cost of professional indemnity insurance varies considerably. While these policies are extremely common, and typically inexpensive for most industries, the cost can increase significantly for specialized services with much higher risks.

Company/Business/Individual Name shall fully indemnify, hold harmless and defend and its directors, officers, employees, agents, stockholders and Affiliates from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not

Indemnity is a contractual agreement between two parties. In this arrangement, one party agrees to pay for potential losses or damages caused by another party.

In a financing context, a bank commitment letter and loan agreement often provide that the borrower will indemnify the agent banks and lenders for losses, liabilities, and related expenses they incur from litigation or other claims related to the loan or the borrower (such as environmental liabilities).

An indemnity agreement is a contract that protect one party of a transaction from the risks or liabilities created by the other party of the transaction. Hold harmless agreement, no-fault agreement, release of liability, or waiver of liability are other terms for an indemnity agreement.200c

Letters of indemnity should include the names and addresses of both parties involved, plus the name and affiliation of the third party. Detailed descriptions of the items and intentions are also required, as are the signatures of the parties and the date of the contract's execution.

Hazardous Substances Agreement means that certain Certificate and Indemnity Agreement Regarding Building Laws and Hazardous Substances of even date herewith executed by Borrower in favor of Lenders and Agent substantially in the form of Exhibit H attached hereto, as such certificate and indemnity agreement may be

More info

1 AP Atlantic and Crescent's full agreement was laid out in a combination of form documents. As used herein, the ?General Contract? refers to the ?General ... Upon this Agreement becoming a contract in accordance with Section 14,in such attorney's file to Buyer and both Buyer's and Seller's agents and ...If you're a surviving parent, fill out an Application for Dependency and Indemnity Compensation by Parent(s) (VA Form 21P-535). Get VA Form 21P- ... By way of example, a typical agreement might provide that an engineer shall defend, indemnify, and hold harmless a project owner from any third- ... WHEREAS, Borrower has requested that Lender make a term loan in a principal amount?Environmental Indemnification Agreement? shall mean that certain ... By PL Parker · 1990 · Cited by 41 ? For example, "Borrower agrees to indemnify and hold Lender harmless from .negligence may bar complete recovery under the indemnity.16 As a result,. Laws. § 5-322.1. Not applicable to insurance contract or workers' compensation agreement. NORTH. CAROLINA. X. Construction. Contracts or. Agreements. N.C. Gen. The parenthetical reference in the 1988 Form appears as a separate item in the definition of ?insured contract? in the 1985 Form. 12 See n. 11. Time Limit Demand Issues Arrive in North CarolinaHow the courts interpret the language of an indemnity clause will either substantially ... Two parties whereby the one undertakes and agrees to indemnify the otherforms of indemnity: indemnity for a party's sole negligence; full indemnity in.

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North Carolina Sample Environmental Indemnity Agreement - Detailed