Structuring Environmental Site Access Agreements: Avoiding Costly Pitfalls
Drafting and Negotiating Scope of Work, Duration, Insurance, and Other Key Provisions to Protect Owners, Buyers, and Sellers
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will examine key provisions for site access agreements, including scope, duration, insurance, and indemnity. The panel will discuss the potential pitfalls that may result due to drafting issues and offer best practices for negotiating and implementing the agreement.
- Negotiating the essential provisions
- Importance of understanding your deal
- 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
- Reporting obligations
- Unique access issues
- Repair and restoration
- Work plans, sampling results, and reporting
- Types of coverage required
- Additional named insureds
- Primacy of policies and subrogation
- Policy limits
- Evidence of insurance
- Claims procedures
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, sellers, owners, and investigating parties?
Sive Paget & Riesel
Mr. Curran’s practice focuses on environmental and construction law, representing residential, commercial and... | Read More
Mr. Curran’s practice focuses on environmental and construction law, representing residential, commercial and industrial real property owners, operators and developers, construction managers, contractors, design professionals, and lenders. He guides clients in navigating complex issues relating to real estate acquisition and development, construction, property management, risk management, and management of environmental conditions at facilities throughout the U.S.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