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.