Structuring Environmental Site Access Agreements: Avoiding Costly Pitfalls
Drafting and Negotiating Scope of Work, Duration, Insurance and Other Key Provisions to Protect Buyers and Sellers
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will examine key provisions, including scope, duration and insurance, in site access agreements. The panel will discuss the potential pitfalls that may result due to drafting issues and offer best practices for negotiating and implementing the agreement.
Outline
- Negotiating The Essential Provisions
- Importance of Understanding Your Deal
- Scope
- Duration
- Location
- Notice
- Negotiating “The Weeds”
- The “Applicable Law”
- Business Interruption and Accommodation of Ongoing Operations/Tenants
- Payment of Costs
- Handling of Generated Wastes and Disposition of Materials Removed
- Unique Access Issues
- Repair and Restoration
- Work Plans, Sampling Results and Reporting
- Indemnification
- Insurance
- Types of Coverage Required
- Additional Named Insureds
- Primacy Of Policies and Subrogation
- Policy Limits
- Evidence of Insurance
- Claims Procedures
Benefits
The panel will review these and other key questions:
- When is an environmental indemnity agreement necessary?
- What are the key considerations that counsel should keep in mind when negotiating site access agreements for pre- and post-closing access?
- What are the best practices for structuring site access agreements to protect buyers and sellers?
Faculty

Cindy J. Karlson
Founder
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.
CloseKeith E. Montone
Assistant Vice President /Senior Placement Specialist
Willis Environmental Practice
Mr. Montone is responsible for marketing, negotiation and placement of environmental insurance for clients with a wide... | Read More
Mr. Montone is responsible for marketing, negotiation and placement of environmental insurance for clients with a wide array of environmental exposures. Keith is also responsible for the detailed service of existing clients as well helping to identify potential environmental issues that may arise for all clients and prospects. Prior to joining Willis, he served environmental insurance underwriter for a major global environmental insurance carrier and specialized in complex environmental risk transfer, operational exposures and contractors pollution liability.
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Shoshana Suzanne Ilene Schiller
Partner
Manko Gold Katcher & Fox
Ms. Schiller is a partner in the litigation group of the Philadelphia-area environmental and energy law firm of Manko... | Read More
Ms. Schiller is a partner in the litigation group of the Philadelphia-area environmental and energy law firm of Manko Gold Katcher & Fox, handling a wide range of disputes with particular experience in CERCLA, RCRA, cost recovery, contribution and class action litigation, as well as toxic tort, pipeline, storage tank, real estate development, and leasing matters. She has represented PRPs at industrial, landfill, recycling and sediment sites, and is currently Co-Chair of the Superfund and Natural Resource Damages Litigation Committee of the ABA’s Section on Environment, Energy and Resources. Ms. Schiller is AV® Preeminent® Peer Review Rated through Martindale-Hubbell® and a Senior Fellow of the Litigation Counsel of America, trying jury and non-jury cases in federal and state courts and appearing before administrative agencies, hearing boards and appellate courts throughout the country. She is also a frequent speaker at legal and industry trade conferences and seminars and a regular author on environmental and real estate issues.
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