Environmental Indemnity Agreement

State:
Multi-State
Control #:
US-C-I-9000-7
Format:
Word; 
Rich Text
Instant download

Description

This is a sample Environmental Indemnity Agreement. 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

An Environmental Indemnity Agreement (EIA) is a contractual obligation between two parties, where one party indemnifies the other against losses, damages, and liabilities associated with environmental issues. The indemnifying party may be the seller, lender, or operator of a property, and the indemnified party may be the purchaser, borrower, or tenant. The agreement typically covers issues related to hazardous materials, waste disposal, pollution, and other environmental liabilities. The types of EIA agreements vary depending on the situation, but common agreements include buyer/seller agreements, lender/borrower agreements, tenant/landlord agreements, and operator/owner agreements. Buyer/seller agreements provide protection to the buyer from environmental liabilities associated with the property that were present prior to the sale, while lender/borrower agreements provide protection to the lender from environmental liabilities associated with the property that were present prior to the loan. Tenant/landlord agreements protect the tenant from environmental liabilities associated with the property that were present prior to the tenancy, while operator/owner agreements protect the operator from environmental liabilities associated with the property that were present prior to the operation. EIA agreements are an important part of protecting both parties from potential environmental liabilities, and should be completed prior to any transaction.

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FAQ

In a business transaction, a letter of indemnity (LOI) is a contractual document guaranteeing that specific provisions will be met between two parties in the event of a mishap leading to financial loss or damage to goods. An LOI is drafted by third-party institutions such as banks or insurance companies.

In order to have an indemnity agreement the two parties above must have some form of contract between them that lays out a product or service to be exchanged. Liability . The contract should otherwise create some implied liability from the indemnitee to the indemnifier and to third parties. Damages, loss, or burden .

What is an Environmental Indemnity Agreement? An environmental indemnity agreement is a legal agreement between a borrower and a lender that provides security or protection from losses or damage caused by environmental contamination or disaster.

Key terms in indemnity agreements include: Names and addresses of the parties. Contract agreement date. Contract recitals and purpose. Exchange of consideration. Scope of coverage. Limitation of liability. Indemnification clause. Indemnification exceptions.

An indemnity agreement is a contract that protects 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.?

Indemnity agreements, also known as indemnity clauses, play an integral role in contracts. That's because they are designed to punish the nonperforming party and reassure the damaged one they will be reimbursed for losses caused by the errant entity.

More info

An environmental indemnity agreement intended for use in commercial loans, including loans characterized as nonrecourse debt. First, the guarantor should consider the ways it can revise key defined terms in the indemnity agreement.THIS ENVIRONMENTAL INDEMNIFICATION AGREEMENT (this. "Agreement"), dated as of May __, 2000, is made by. Adhere to the instructions below to complete Environmental indemnity agreement form online easily and quickly: Sign in to your account. Negotiating Key Provisions, Drafting and Reviewing the Agreement to Ensure Complete Coverage. A threshold issue has been the effect of preCERCLA contracts on CERCLA claims. Attachment 1 to this Indemnity Agreement identifies all wells that are part of the Project. Environmental due diligence reports from previous transactions. (g) "Release" has the same meaning as given to that term in the Comprehensive.

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Environmental Indemnity Agreement