Texas Sample Environmental Indemnity Agreement

State:
Multi-State
Control #:
US-0818-WG
Format:
Word; 
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Description

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.

A Texas Sample Environmental Indemnity Agreement is a legal document that outlines the responsibilities and liabilities of parties involved in a property transfer or development concerning potential environmental issues. This agreement protects both the buyer and seller by defining who takes on the financial burden and legal responsibility for any environmental contamination on the property. The agreement typically starts with a preamble that states its purpose and identifies the parties involved, which may include property owners, developers, lenders, and other stakeholders. It then provides a detailed description of the property and any existing environmental conditions. Key provisions in a Texas Sample Environmental Indemnity Agreement include: 1. Representations and warranties: The parties involved may provide representations and warranties regarding the environmental condition of the property. 2. Indemnification clause: This clause specifies who will indemnify or compensate the other party for any costs, damages, or liabilities resulting from environmental contamination discovered after the property transfer or development. 3. Environmental assessment and reporting: The agreement may require the party responsible for indemnification to conduct thorough environmental assessments of the property and provide regular reports on its findings. 4. Claims and notification: The agreement establishes a process for notifying the indemnifying party of any environmental claims or issues and sets out specific timeframes for responding. 5. Access and cooperation: The parties agree to provide each other with access to the property and cooperate in resolving any environmental issues or claims. Several types of Texas Sample Environmental Indemnity Agreements may be used depending on the specific circumstances. These include: 1. Site-Specific Environmental Indemnity Agreement: This type of agreement applies to a particular property, outlining the responsibilities and liabilities related to its environmental condition. 2. Portfolio Environmental Indemnity Agreement: This agreement covers multiple properties within a portfolio, such as a real estate investment portfolio. It provides a uniform framework for handling environmental issues across various properties. 3. Lender Environmental Indemnity Agreement: Lenders may require borrowers to sign this agreement to protect themselves from potential environmental liabilities associated with the financed property. In conclusion, a Texas Sample Environmental Indemnity Agreement serves as a legally binding document that clarifies the responsibilities and liabilities related to environmental issues in property transfers or developments. By outlining the expectations and indemnification procedures, this agreement helps protect all parties involved and ensures compliance with environmental regulations.

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How to fill out Texas Sample Environmental Indemnity Agreement?

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FAQ

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 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).

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.

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

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

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).

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Texas Sample Environmental Indemnity Agreement