Environmental Indemnity in Real Estate Transactions: Allocating Risks of Potential Liability and Cleanup Costs
Negotiating Key Provisions, Drafting and Reviewing the Agreement to Ensure Complete Coverage
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide counsel for buyers, sellers, and lenders in real estate transactions on allocating environmental liability and structuring environmental indemnity agreements to ensure proper coverage for liabilities. The panel will examine key provisions and lessons from historical precedent and recent court decisions.
- 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?
- First-party release vs. third-party indemnification
- What are the key provisions of the environmental indemnity agreement?
- How do environmental indemnity provisions complement other real estate purchase and sale agreements?
- What are the critical lessons from recent court decisions for structuring environmental indemnity agreements?
- What are best practices for allocating environmental risks in real property transactions?
Polly B. Jessen
Kaplan Kirsch & Rockwell
Ms. Jessen’s practice focuses on the range of contaminated property redevelopment issues, including environmental... | Read More
Ms. Jessen’s practice focuses on the range of contaminated property redevelopment issues, including environmental due diligence, negotiating purchase and sale agreements, cleanup plans, development agreements and environmental insurance policies, severed mineral interests, and professional service and construction contracting. She advises and represents clients before regulatory agencies regarding remedy selection, administrative orders, cleanup standards, institutional controls, redevelopment, and community relations activities under voluntary cleanup agreements and regulatory orders.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