Environmental indemnity for an asset purchase agreement

The following Environment precedent provides comprehensive and up to date legal information covering:

  • Brexit impact

Produced in partnership with DLA Piper UK LLP

Brexit impact

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this content.

For further guidance, see Practice Note: Brexit—impact on environmental law and News Analysis: Brexit Bulletin—key updates, research tips and resources.

  1. 1


  2. In this schedule:


    1. means any and all living organisms or ecosystems (including, without limitation man, flora and fauna), and the media of air (including without limitation, air within buildings, other man-made structures and natural structures above or below ground), water (including without limitation controlled waters as defined in section 104 (1) of the Water Resources Act 1991, and water within drains and sewers), and land (including without limitation buildings and other man-made structures above or below ground);

    Environmental Authority

    1. means any authority, whether statutory or non-statutory or governmental or non-governmental, having responsibility for Environmental Conditions under Environmental Law;

    Environmental Condition

    1. means:

      1. (a)

        the presence of a Hazardous Substance at, in, on, under or about a Property on or before Completion including migration or release of a Hazardous Substance (whether occurring, in either case,

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