North Dakota Sample Environmental Indemnity Agreement

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Multi-State
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US-0818-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 Dakota Sample Environmental Indemnity Agreement is a legally binding document that aims to protect parties involved in a real estate transaction or a business venture from any environmental liabilities. It serves as a means to allocate the responsibility for environmental contamination, remediation, and other potential hazards related to the property or operations. This agreement typically includes the following sections: 1. Parties: It identifies the parties involved in the agreement, such as the property owner, tenant, buyer, seller, or lender, and establishes their roles and responsibilities. 2. Definitions: This section defines key terms used throughout the agreement, ensuring clarity and understanding for all parties involved. 3. Property Description: The agreement provides a detailed description of the property being transferred, leased, or developed. It may include details like location, size, boundaries, and any existing environmental conditions. 4. Environmental Representations and Warranties: This section requires the party responsible for the property to make certain statements regarding its environmental compliance and any knowledge of potential contamination or hazards. 5. Indemnification Clause: This is a crucial aspect of the agreement, as it outlines how the parties will be protected against environmental liabilities and who will bear the financial burden of any environmental issues that arise. It typically states that the responsible party will indemnify and hold harmless the other parties for any costs, damages, or penalties resulting from contamination or violations. 6. Insurance Requirements: This section may require the responsible party to obtain and maintain specific insurance coverage to ensure protection against environmental liabilities. 7. Environmental Audit and Disclosure: In some cases, the agreement may include provisions for conducting environmental audits or assessments before the transaction takes place, ensuring comprehensive environmental due diligence. 8. Governing Law and Jurisdiction: This clause specifies the laws of North Dakota that will govern the agreement, as well as the jurisdiction where any legal disputes arising from the agreement will be resolved. Different types of North Dakota Sample Environmental Indemnity Agreements may exist, tailored to specific situations. Some examples include: 1. Purchase Agreement Environmental Indemnity: This agreement is used when a property is being sold, transferring the responsibility for any future environmentally related liabilities from the seller to the buyer. 2. Lease Agreement Environmental Indemnity: In cases where a property is being leased, this agreement ensures that both the landlord and the tenant are protected from any environmental liabilities that may arise during the lease term. 3. Lender Environmental Indemnity: In this scenario, the agreement is used to protect the lender or financial institution providing funds for a real estate project from any environmental liabilities the borrower may incur. Overall, the North Dakota Sample Environmental Indemnity Agreement is a crucial legal instrument that provides clarity, protection, and allocation of responsibilities in relation to environmental matters in various real estate and business transactions in the state.

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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).

$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.

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

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.

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

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

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.

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).

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

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In that case, CH2M Hill (?CH2M?) agreed to deliver engineering and environmental planning services to developer UDC. That contract obligated CH2M to indemnify ... Issues, including environmental considerations in real estate transfers,Texas Courts Have Recognized Settlements and Indemnity Agreements in a.61 pages issues, including environmental considerations in real estate transfers,Texas Courts Have Recognized Settlements and Indemnity Agreements in a.Two parties whereby the one undertakes and agrees to indemnify the otherA classic example of a typical contractual indemnity provision is as follows:. For example, a broad interpretation was given to an indemnity agreement whichThe exception to the general North Dakota rule supporting complete freedom ... Environment for the construction industry andNorth Dakota .a construction contract that requires a subcontractor to indemnify another party for ... When a lender loans money for a real estate transaction, the lending entity must account for potentially hazardous environmental conditions ... By CE Healy · 1999 · Cited by 8 ? (N.D. Ill. 1993) (discussing "traditional rules of successor liability"),held that the indemnification agreement which used the term could not have in-. Property located in North Dakota for the purpose of constructing a wind energyindemnification clause, but a subsequent amendment contained a clear ... ND State license registration and/or Business Name registrationApplicant agrees to indemnify, save, and hold harmless the City of Williston, ... The North Dakota Century Code on this website contain currently effective laws of North Dakota. Changes approved by the 67th Legislative Assembly are now ...

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North Dakota Sample Environmental Indemnity Agreement