Environmental Indemnity in Real Estate Transactions: Allocating Risks of Potential Cleanup Costs
Negotiating Key Provisions, Drafting and Reviewing the Agreement to Ensure Complete Coverage
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide guidance to counsel for buyers, sellers and lenders in real estate transactions on structuring environmental indemnity agreements to ensure coverage for environmental liabilities. The panel will examine key provisions and lessons from recent court treatment of such agreements.
- Environmental indemnity agreements and court treatment
- Key provisions
- Negotiating and structuring the agreement
The panel will review these and other key issues:
- When is an environmental indemnity agreement necessary and when is it not useful?
- What are the key provisions of the environmental indemnity agreement?
- How do environmental indemnity provisions complement other provisions in real estate purchase and sale agreements?
- What are the critical lessons from recent court decisions for structuring environmental indemnity agreements?
- What are the best practices for allocating environmental risks in real property transactions?
R. Morgan Gilhuly
Barg Coffin Lewis & Trapp
Mr. Gilhuly specializes in environmental litigation and counseling. He has represented defendants in major... | Read More
Mr. Gilhuly specializes in environmental litigation and counseling. He has represented defendants in major environmental litigation regarding a release of chemicals at an oil refinery, an EPA cost recovery action regarding a mercury mine, PCE contamination, and at various Superfund sites. Mr. Gilhuly also has extensive experience in Polanco Act litigation and with brownfields redevelopment.Close
Cindy J. Karlson
Law Offices of Cindy J. Karlson
Ms. Karlson focuses on environmental and land use law, including compliance counseling, transactional work,... | Read More
Ms. Karlson focuses on environmental and land use law, including compliance counseling, transactional work, administrative matters and litigation. Her work involves pre-transaction counseling and structuring of deals, developing risk management strategies, negotiating contractual language on environmental risk and allocation of liability for known and unknown conditions, and environmental due diligence.Close