The following Environment practice note provides comprehensive and up to date legal information covering:
This Practice Note is part of the Environmental transactions asset purchase toolkit. It has been produced in partnership with ELM Law.
If contaminated land liability concerns or specific environment, health and safety (EHS) non-compliance issues are revealed during the due diligence phase, the buyer might seek an environmental indemnity in the asset purchase agreement (APA) or a stand-alone environmental deed.
See the following Precedents:
Environmental indemnity for an asset purchase agreement
Asbestos indemnity for when seller is in breach
When the principle of an environmental indemnity is agreed, lawyers and their clients should discuss the scope of the indemnity before drafting commences.
Indemnities are bespoke to a particular transaction. The table below highlights the key issues that should be considered.
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